The Spanish Condominium Act stipulates exactly when owners may make changes to their apartments without informing the community of owners.
Article 15 of the law creates clear rules: It determines which work owners can carry out independently in order to preserve their freedom of choice without compromising the rights or welfare of the community.
According to the law, owners have full freedom to carry out work within their homes or business premises as long as it does not affect any common parts of the building and does not alter its structure or the operation of common facilities.
This provision, which has been revised several times, is intended to reconcile the individual design rights of each owner with the protection of common interests. The decisive factor is the distinction between work that requires approval and work that may be carried out independently. This prevents structural changes from impairing safety, functionality or communal living.
The law clearly states which activities do not require a permit or notification:
All work that relates exclusively to the private sphere and has no impact on communal elements can be carried out freely.
These include typical interior renovations such as:
- Changes to the room layout,
- Renewal of surfaces,
- Replacement of kitchen or bathroom fittings,
- Painting or decorating work.
The wording of the law is verbatim:
“Owners may carry out works in their condominium units without obtaining prior authorization from the community of owners, as long as these works do not affect the common elements of the building and do not alter its structure or the normal operation of the general services.”
This provision is considered one of the most important guarantees of the Condominium Act, as it allows owners to customize their apartments – without unnecessary bureaucracy.
Nevertheless, the law contains clear restrictions to prevent misuse or damage to the building.
As soon as common elements are affected – such as load-bearing structures, central installations or general services – prior approval from the community of owners is mandatory. These areas belong to all owners, so interventions can only be decided jointly.
An interesting aspect of Article 15 is the distinction between major and minor works:
No approval is required for minor works, but the owner must inform the community of the planned works. This notification only serves the purpose of transparency, not approval.
In this way, the law strikes a balance between freedom of action and community protection: the notification obligation is intended to facilitate coexistence and avoid conflicts, as neighbors are informed without having a right of veto – provided that the work complies with the legal requirements.
Despite these clear rules, disputes often arise in practice as to whether certain measures affect common elements. In such cases, owners can first turn to the president or the administrator of the community. If the conflict persists, a court will ultimately decide whether the work is compatible with Article 15 or not.
If in doubt, experts recommend always seeking professional advice or informing the community in advance to avoid possible sanctions or dismantling obligations.
In addition, unauthorized structural changes can lead to problems when selling a property at a later date, as such deviations must be disclosed in the purchase contract. This can reduce the sale price or make the sale more difficult.
Therefore, despite the freedoms granted by Article 15, it is advisable to carefully document all work and ensure that it complies not only with the provisions of the Condominium Act, but also with municipal building regulations and technical standards.
