2023-11-11 15:00:02
One of the big doubts regarding the common areas of a building or any other type of horizontal property is What use can be made of a community terrace.
As we will see, everything will depend on the regulations of the community of owners itself, so it may be interesting to consult the rules in this regard if you are thinking of buying or renting a property.
Difference between communal and private terraces
To begin to deal with this issue, we must be clear about the concept of a community terrace versus a private terrace:
When is a terrace for private use?
A terrace will be for private use when it is your exclusive property. When buying a home you will clearly know what surface area you will be purchasing and where it is located in the general plan of the entire property, as well as what the community areas are and your participation fee. The normal thing is that these two concepts and areas are clearly differentiated.
Of course, just because a terrace is for private use does not mean that you can do whatever you want on it: there are limits that you should know and that have to do with respect for the rest of the neighbors. A common case of doubt is whether it is possible to have a barbecue on a terrace or garden on your property.
There is also a hybrid case: the community terraces for private usewhich consist of common areas at a formal level, but for exclusive use by one or more neighbors.
Community terrace
When we talk about a communal terrace We refer, in general, to any open area that complies with the necessary security measures to be used by neighbors and that is considered a community area according to the statutes of the community of owners.
This means that it will be an element that is part of the entire property, but whose use will, in principle (and except in the case of community terraces for private use) be shared with the rest of the neighbors.
Other community areas are usually gardens, swimming pool, cleaning or meter rooms, portal, elevator, stairs… Normally the community terrace usually consists of the roof of the building.
To know What areas can be considered a community terrace We must comply with what the statutes indicate, as well as the regulations for walkable rooftops: There are areas that, due to their own configuration and architectural design, do not meet the minimum requirements to be used safely. If the roof is not passable, it means that only technical personnel will be able to access it in order to carry out installations, repairs, etc.
How can I know if my terrace is communal for private use?
The concept of a community terrace for private use We find it in those cases in which a terrace or roof terrace formally belongs to the community of owners, while there is also a right of exclusive use and enjoyment by one or more neighbors.
It is common in the case of penthouses with a terrace that functions as a roof for lower floors, as well as in terraces of light wells: we then find ourselves faced with a common element for private use.
To clear up doubts and know if your terrace is communal for private useyou must refer to your sales or rental contract, as well as the constitutive title of the communities of owners and the community statutes.
On the other hand, it is also possible to make a private use of a communal terrace punctually and always with permission from the community. An example of exclusive use of a community terrace would be to celebrate a family reunion.
Of course, you must respect the community regulations at all times and leave everything in the same conditions in which you found it (also taking into account the established schedule and avoiding making more noise than permitted) if you want to avoid possible sanctions or problems with the rest of the neighbors.
What does it mean to use and enjoy a terrace?
He use and enjoyment of a community terrace It consists precisely in the possibility of using this common area and, in principle, all neighbors have the right to do so, except when we are faced with a case of exclusive use of this type of common space.
In these cases, only authorized people (normally neighbors with direct access to these areas) will be able to use them, so, in practice, we will find ourselves with a private use of an element of common property.
Law that regulates community terraces
As a general rule, article 9.1 of the Horizontal Property Law tells us that it is an obligation of each owner (and, by extension, of any tenant) “to respect the general facilities of the community and other common elements, whether they are of general use or private property of any of the owners, whether or not they are included in their apartment or premises, making appropriate use of them and avoiding at all times causing damage or damage.”
Furthermore, article 7.2 of the same regulation indicates that the owners or occupants of a home or premises may not carry out activities prohibited in the statutes or those that are harmful, annoying, unhealthy, harmful, dangerous or illegal.
Rules for the use of a community terrace
Taking into account the previous point, we will not be able to do:
Activities expressly prohibited by the community of ownersThose that, by their nature, are annoying or harmful
These are some cases of frequent doubt:
Can I go up to the roof of my building? The normal thing is yes, as long as it is a walkable roof that complies with all safety measures. The times you can do this may be limited, especially so as not to disturb nearby neighbors. Parties on community terraces: In this case it will be necessary to pay attention to what the statutes indicate. It is common for this type of activity to be prohibited, but there are also statutes that contemplate this possibility, always meeting certain requirements to avoid disturbing the rest of the neighbors or causing damage to the facilities. It is also possible that there is no express prohibition, but that you may be warned because it is an intrinsically annoying activity.Sunbathe on the community terrace: This is a use that is permitted in principle, but may be limited in the community statutes. In some cases its ‘legality’ is implicit (for example, in communities with a swimming pool and solarium). As for going topless, this activity can be regulated internally in the statutes, but in principle it would be allowed, unless expressly prohibited.Do yoga or practice sports on the roof: Everything will depend again on what the statutes say or what the neighbors themselves agree to in an extraordinary way. For example, during the pandemic it was very common to use common areas to practice sports and relax in a context of reduced mobility and isolation. Hanging clothes on the roof: It is one of the most frequent cases and it is normally understood that it is a permitted use. The statutes may also contemplate and regulate this possibility, as well as under what terms the necessary installations for laying may be carried out (attaching to common elements, such as the roof walls; distributing the space equitably…).
Can the use of the community terrace be prohibited?
A case of doubt is whether it can be prohibit the use of the community terrace absolutely. This is a rare forecast that also clashes with the Civil Code: Article 394 tells us that “each participant may use the common things, provided that he disposes of them in accordance with their purpose and in a manner that does not harm the interest of the community, nor prevent the co-participants from using them according to their right.”
Penalties for improper use of the community terrace
It must be taken into account that neither the owner nor the occupant of a home is allowed to carry out activities in it or in the rest of the property that are prohibited in the statutes, that are harmful to the property or that contravene the general provisions on annoying, unhealthy activities. , harmful, dangerous or illegal.
The president of the community, on his own initiative or on the initiative of any of the owners or occupants, may urge whoever carries them out to cease their conduct and, if not, may initiate appropriate legal action.
Furthermore, it is possible not only to obtain the cessation of the prohibited activity, but also compensation for damages, if applicable, and even the deprivation of the right to use the home or premises for a period of no more than three years, depending on the seriousness of the infraction and the damage caused to the community.
If the offender is not the owner, the sentence may declare all rights relating to the home or premises permanently extinguished, as well as its immediate release.
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