The possibility of converting a communal rooftop into a private terrace for exclusive use by one owner is a legal reality in Spain, protected by the Horizontal Property Law. This process allows a resident to prevent others from accessing this shared space, provided certain conditions are met.
The procedure begins with a formal proposal from the interested party, which must be presented and discussed at a community meeting. According to article 17.6 of the aforementioned law, the key to approval lies in unanimity: all residents of the community must agree to grant exclusive use of the space. It is important to note that owners with outstanding debts to the community do not have voting rights in these decisions.
If approved, the terrace's use becomes exclusively linked to one owner, but the space retains its character as a common element of the building. This implies that the community must be considered at all times during its use.
Once exclusive use is granted, the owner assumes responsibility for the daily maintenance of the space. However, structural or larger issues, such as dampness, remain the responsibility of the entire community, unless the damage was caused by modifications made by the exclusive user, such as the installation of new tiles or heavy pots.
Any structural modifications to the rooftop, such as screwing plants to walls or anchoring elements to the ground, require new unanimous approval from the community. If the owner wishes to make these changes, they must include them in their initial proposal or call a second meeting for a new vote.
It is strongly advised that the owner who obtains exclusive use of the communal rooftop formally registers this new right in the Land Registry. Although this process can incur a cost of approximately 3,000 euros, it is a crucial investment. Without this registration, new residents moving into the community might be unaware of the initial agreement and could claim use of the space, as they were not involved in the original vote. This same process can be applied to other common areas such as ground-level patios or garages, always under the indispensable condition of 100% approval from all residents.
