What works can I carry out in my flat without asking the owners' association for permission? Can I knock down a partition wall?

Question

José Manuel Alburquerque · Accepted Answer

You can carry out maintenance and renovation work in your flat without asking the owners' association (the “comunidad de propietarios”) for permission, provided it does not harm others, does not reduce the building's structural soundness or accessibility and does not change its external appearance. What you do have to do is notify the president or the managing agent beforehand, even though the owners' association does not vote on the work. With that notice you can knock down a partition wall that only separates rooms, but not a load-bearing wall, a column or a beam, which form part of the building's common structure even if they are inside your flat. Touching them requires a resolution of the owners' general meeting. In addition, the renovation needs whatever procedure the town council requires. What you can do by giving notice The Catalan Civil Code lets each owner carry out maintenance and renovation work in their flat on these conditions: That it does not harm the other owners or the owners' association. That it does not reduce the building's structural soundness or accessibility. That it does not change the building's configuration or external appearance. Within those limits you can renovate the kitchen or bathroom, replace the floors, renew the installations inside your flat or change the layout. Before you start, you must inform the president or the managing agent. Notifying is not the same as asking for permission. The owners' association does not vote on the work, but the notice allows it to check that nothing common is affected. Do it in writing, explaining the work and the planned dates. Partition walls and what is common A partition wall that only separates rooms is part of your flat. You can knock it down or move it after giving notice, but first ask an architect or a building surveyor (“aparejador”) to confirm that it is not load-bearing. In old buildings, some partition walls often help to support the floor slabs, which are the floors separating one storey from another. Load-bearing walls, columns, beams and floor slabs are part of the building's structure and therefore common parts, even if they are inside your flat. Touching them requires a technical project and a resolution of the general meeting by four-fifths of the owners, that is, 80 %, who must also hold four-fifths of the participation shares, the percentage each flat holds in the building. The downpipes and other general installations that run through your flat are also common. You cannot move or modify them without a resolution of the general meeting. If the work changes the façade, for example by fitting different windows or making an opening, it also needs a resolution. If works affecting common parts are carried out without permission, the owners' association can demand that they be undone. The town council's procedure Notifying the owners' association does not replace the municipal procedure, nor does municipal permission replace the owners' association's. In Barcelona, a renovation that changes the layout of the flat, such as knocking down or moving partition walls, is processed through a prior notification, in which the documentation for the works is submitted to the City Council. If the work does not change the layout, such as painting or replacing the floors, a simpler notice is normally enough, except in heritage-protected buildings. If it affects the structure, the procedure is more demanding and a building permit may be needed.