Want to renovate your balcony in Spain? First, you will need to ask your neighbours for permission

Many owners believe that, being the exclusive users of their balcony, they have total freedom to modify it as they please. However, there are some types of renovations that require the approval of the homeowners’ association.

From Fotocasa, we explain what limits the regulations establish so that you can enjoy your outdoor space with total legal certainty. We explain what elements you can install and what works require permission.

Did you know that, legally, your home’s terrace is considered a common element of the building even if only you have the key to access it?

Is the balcony a common or private element of the home in Spain?

Terraces and balconies, in most cases, are common elements for private use. According to Article 396 of the Civil Code and the Horizontal Property Law (LPH), terraces and balconies form part of the building’s structure and exterior configuration. Although the owner has the right of exclusive use, ownership remains with the community.

This distinction is vital: the owner is responsible for ordinary maintenance (cleaning, floor care), but the community must assume responsibility for structural elements and waterproofing.

Delegating your vote in a community of owners if you have a property in Spain: risks, benefits, and how to do it

What renovations can I do on my balcony without asking my neighbours for permission?

If you have bought a home with a terrace or balcony, you should know that for actions that do not affect the structure or the aesthetics of the facade, you do not need approval from the homeowners’ association.

Can I put plants and furniture on my balcony?

Yes, as long as they are movable and light. You can place tables, chairs, sun loungers, and normal flowerpots. The key is that they do not require fixings to the walls or floor and that their weight does not compromise the structure. Built-in planters or heavy-weight large pots are not allowed, as they alter the original configuration and can cause structural damage or dampness from roots.

Can I install lights or spotlights in the outdoor area?

Yes, but with intensity limits. Decorative lighting is permitted as long as it does not cause a nuisance due to light pollution to other neighbours. You should check the municipal ordinances of your town hall, as they may limit the permitted luminous flux.

Can I set up an inflatable pool on my terrace?

Yes, but under your responsibility and with strict water limits. The law does not explicitly prohibit it, but the Technical Building Code sets a load limit of 200 kg/m². This means that you should not fill the pool more than 20 centimetres high. Exceeding this level risks the structural integrity of the building and could cause cracks or collapses.

Is it permitted to use a barbecue on the balcony?

Not without permission. A built-in barbecue is considered a modification of a common element. Furthermore, its use is subject to Article 7.2 of the LPH, which prohibits annoying, unhealthy, or dangerous activities. If the statutes or internal rules of your community expressly prohibit it due to smoke or fire risk, you will not be able to install or use it.

In addition, there are different municipal regulations that govern the use of barbecues on terraces or balconies, so you will also have to consult the regulations of your municipality.

Can I install security cameras outside?

If you decide to install video surveillance systems on the landing or facade, you must comply with the LOPD and the following rules:

• Register the installation with the AEPD Registry.

• Place a visible informative sign indicating a video-surveilled area.

• Only the contract holder can access the images.

• Images must be kept for a maximum of one month.

What modifications to the terrace or balcony are prohibited or require approval from the board?

Any action that involves an alteration of the security, the general structure, the configuration, or the exterior state of the building cannot be carried out unilaterally.

Since the terrace or balcony is part of the facade (a common element), the owner is obliged by Article 7.1 of the Horizontal Property Law to inform and obtain permission from the community before starting any work that modifies the aesthetics or integrity of the property. This is not just a matter of coexistence, but of legality: if a renovation alters the property’s constitutive title, it could even require the unanimity of the neighbours.

Can I install awnings and enclosures on my balcony or terrace?

You cannot install awnings without first asking the homeowners’ association for permission. Installing awnings or enclosing a terrace alters the aesthetics of the facade, which is why it requires the agreement of the community and, in the case of enclosures, often a municipal permit. If the statutes already define a specific awning model, you must stick to it.

Can I paint the walls of my terrace a different colour?

Not without permission from the community and the Town Hall. Painting the facade constitutes an alteration of common elements. If the neighbours authorise it, you must go to the town hall to find out about local technical and aesthetic requirements. If you paint on your own, the community can legally force you to return the walls to their original colour.

What can I do and what can’t I do on my terrace?

Source: Horizontal Property Law and Technical Building Code, May 2024.

What is the community of owners in Spain and what are your obligations?

As we have seen, you will generally need approval from the neighbours for any modification that affects the structure or aesthetics of the facade.

Before starting any improvement or renovation on your balcony, always check the statutes of your community and the regulations of your municipality. What seems like a minor change can result in legal penalties or the obligation to undo the work at your own expense.

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