Which parts of the building are common and which are privately owned?

Question

José Manuel Alburquerque · Accepted Answer

The flats, commercial premises and other spaces that can have their own owner and access to the street, either directly or through the common areas, are privately owned, together with their annexes, such as the storage room or parking space that the deed attaches to a flat. The common parts include the plot, the structure, the façades, the roofs, the entrance hall, the stairs, the lifts and, in general, the installations that serve everyone. The list in the law is not exhaustive, so the first step is to look at the building's deed of division into units (“escritura de división horizontal”), which states what belongs to each flat and what belongs to everyone. Some common parts, such as the terrace of many penthouses, may be allocated to the exclusive use of one flat without ceasing to be common. What belongs to each owner In Catalonia, condominium (“propiedad horizontal”), the system for buildings divided into separately owned flats, is governed by the Catalan Civil Code. Under the Catalan code, each owner has exclusive ownership of their privately owned unit and of its annexes: The privately owned unit is the flat, the commercial premises or any other space, such as a parking space, that can belong to someone separately and has access to the street, directly or through the common areas. Annexes are spaces that the deed attaches inseparably to a flat, such as a storage room, a parking space, a patio or a terrace. They have no participation share of their own and belong to the owner of the flat for all purposes. There are also flats or commercial premises that belong to all the owners in proportion to their participation share, which is the percentage each flat holds in the building. One example is the former caretaker's flat. The law calls them privately owned units for the common benefit. What belongs to everyone, even if it is inside your flat The Catalan code treats as common the plot, the gardens, the swimming pools, the structure, the façades, the roofs, the entrance halls, the stairs, the lifts, the aerials and, in general, the installations and services intended for everyone's use, such as the downpipes and the main pipes and conduits. If the deed says nothing about a particular element, this list applies. There are two cases that often come as a surprise: The structure is common even if it is inside your flat. The columns, beams, load-bearing walls and floor slabs, which are the floors separating one storey from another, cannot be touched without a resolution of the owners' general meeting. The façade is common, even though the windows and balconies form part of each flat. That is why works that change its appearance, such as enclosing a balcony, putting up an awning or hanging an air-conditioning unit, generally need a resolution of the general meeting. Exclusive use and where to check it The deed of division into units, which the law calls the deed of constitution (“título de constitución”), describes the building with its common parts and each flat with its number, floor area, boundaries and participation share. You can ask the notary's office for a copy or the “Registro de la Propiedad”, the Land Registry, for information. The managing agent of the owners' association (the “comunidad de propietarios”) usually has a copy. Pay particular attention to terraces, which can be of three kinds: Privately owned terraces, either as part of the flat or as one of its annexes. Common terraces for the exclusive use of one flat, such as the terrace of a penthouse that serves as the roof of the building. That use is granted by the deed or by a unanimous resolution of the general meeting. The terrace is still a common part. Common terraces for the use of all residents. Who pays for repairs and what works can be carried out on the terrace depend on the type.