Apartment Renovations Without Community Permission: What the Law Says and How to Act

## Works in an apartment without community permission: what the law says and how to act

One of the most common conflicts in homeowners' associations is that of the **works carried out without the required community permission**.

A neighbor decides to renovate their kitchen, open a partition wall, or install a terrace without informing or requesting authorization. What can the community do? What exactly does the Spanish Horizontal Property Law (LPH) say?

--- ### What works require community permission?

Not all works require board authorization. The LPH distinguishes between **works on private elements** and **works affecting common elements**.

**Works on private elements** (inside the apartment, without touching common areas): - Interior renovations of kitchen, bathroom, internal layout. - Change of floors, ceilings, or coverings. - Installation of air conditioning with air outlet through its own ducts.

In principle, these works **do not need community permission**, but they do require respecting the structural conditions of the building and notifying the administrator when they involve any type of risk or impact.

**Works affecting common elements** (and which do require permission): - Opening gaps in main walls or slabs. - Modifying the building's facade (windows, blinds, awnings). - Installing enclosures on terraces or balconies. - Altering pipes, downpipes, or community installations. - Any work that modifies the exterior appearance of the building.

Article 7.1 of the LPH establishes that the owner may carry out such works as they deem appropriate in their apartment or premises, **without altering the security of the building, its general structure, its exterior configuration or state, and without prejudicing the rights of another owner**.

--- ### What happens if works are carried out without permission?

When an owner carries out unauthorized works that affect common elements or alter the exterior configuration of the building, the community can act in several ways:

#### 1. Demand for immediate cessation

The community president, or the property manager with authorization, can send a **reliable demand** (burofax or notarial notification) to the owner requesting the immediate cessation of the works. The sooner action is taken, the easier it will be to reverse the situation.

#### 2. Complaint to the City Council

Works without a municipal license can also be reported to the **City Council's urban planning inspection**. Municipal technicians can order the cessation and demand legalization or demolition.

#### 3. Legal action (Article 7.2 LPH)

Article 7.2 of the LPH allows the community, through the president and with prior authorization from the board, to file a **legal claim** to demand:

- The cessation of the activity or the demolition of what has been built. - Compensation for damages caused. - The deprivation of the right to use the apartment or premises for a period of up to **3 years** in serious cases.

The homeowners' association must approve the initiation of legal action by a simple majority.

--- ### Can the community force the works to be undone?

Yes, if the works affect common elements or alter the exterior configuration of the building, **the community can legally demand that the original state be restored**. Courts usually uphold these claims when there is documentary evidence (photographs, technical reports, communications).

It is advisable to act quickly, as the more time passes, the more difficult it is to prove the original state and the greater the cost of restitution.

--- ### What about works on private elements that cause damage?

Even if the works are strictly interior, if they cause **damage to neighbors or common elements** (dampness, cracks, excessive noise, interruption of services), the owner is civilly responsible and must cover the damages. The community can also claim these damages through Article 7.2 LPH or through ordinary civil proceedings.

--- ### How the property manager should act

The property manager plays a key role in managing these conflicts:

1. **Document**: Gather photographs, neighbor testimonies, and any document that proves the works carried out. 2. **Notify the owner**: Send formal communication demanding the cessation or the submission of the project and licenses. 3. **Inform the board**: Convene an extraordinary meeting if the case is serious for owners to decide whether to take legal action. 4. **Coordinate with the lawyer**: In cases that go to trial, the manager acts as a liaison between the community and the lawyer.

With tools like **IgeraFincas**, the manager can centralize all case documentation, record communications sent and consulted by owners, and access the complete history of the conflict at any time.

--- ### Frequently asked questions **Do I need community permission to change windows?** If the windows are visible from the outside and modify the facade's aesthetics, yes. Furthermore, in many municipalities, they also require a municipal license. **Can a tenant carry out works without permission?** No. The tenant needs authorization from the owner and, if the works affect common elements, also from the community. The owner is jointly and severally liable. **What is the time limit for claiming?** The action to demand restitution prescribes after **15 years** (personal action without a special term). However, the sooner action is taken, the better. --- ### Conclusion

Works without permission in a homeowners' association are a serious problem that can lead to costly legal conflicts. The key is to act quickly, document the situation well, and have a property manager who knows the steps to follow.

If you are a property manager and want to manage these conflicts more efficiently —with all documentation centralized and accessible to owners—, discover how [IgeraFincas](https://igerasolutions.com/igerafincas) can help you.