The eternal conflict of the installation of awnings in communities

Installing an awning on the facade or balcony of an apartment building often causes friction in the community of owners. The look of the building, the colour of the awning and the model are the usual reasons.

First check whether the community's statutes or internal rules say anything about awnings and terrace and balcony enclosures, or whether the owners' meeting once approved a model and a colour. If so, follow what was agreed. If nothing is written down, this is what Spain's Horizontal Property Act (Ley 49/1960) says.

Do I need permission from the community to install an awning?

It depends on whether the awning changes the facade. Article 7.1 of the Act lets each owner carry out works in their home as long as they do not alter the exterior appearance of the building, and requires them to notify the community's representative beforehand. An awning on a facade or balcony can be seen from the street, so the safe course is to get the owners' meeting to agree.

There is no single fixed majority. If the community already has an approved model, or the vote is to set a common model for everyone, the ordinary majority of article 17.7 is usually enough: a majority of owners who also hold a majority of the shares (at a second call, a majority of those present). If the installation means changing the deed of division or the statutes, article 17.6 requires unanimity. Which case is yours depends on the statutes and the type of awning, and it is the question to put to your property administrator.

The item must be on the agenda of the meeting. A decision taken under any other business on something that was not on the agenda can be challenged.

Can I choose the model and colour of awning I want?

If the meeting has approved a model and a colour, you have to stick to them. That keeps the facade uniform and every owner knows what they can install. If someone fits a different awning, the community can require them to remove or replace it, and go to court if they do not.

Can I enclose my balcony?

An enclosure changes the facade more than an awning and the Act treats it separately. Article 10.3.b) lists the enclosure of terraces among the works that need the approval of three fifths of all owners who also hold three fifths of the shares. The courts have been applying that majority to enclosures of terraces in private use. The statutes may say otherwise, and the town hall may require its own permit.

What steps do I follow to get permission for an awning?

1. Check the statutes, internal rules and minutes for an approved model.
2. Ask the president in writing to put the item on the agenda of the next meeting. Article 16.2 obliges the president to include items proposed by any owner.
3. Bring a specific proposal to the meeting: model, colour, size and fixing method.
4. If the meeting says no and you believe the decision breaches the law or the statutes, or seriously harms you without reason, you can challenge it in court. You must have voted against or recorded your objection and be up to date with payments. Under article 18.3 the deadline is three months, or one year if the decision breaches the law or the statutes.

If the building already had awnings or enclosures before the community was set up, or the community has tolerated identical installations for years, things may be different: the courts look at tacit consent case by case.

Do I need a town hall permit?

Community permission does not replace the town hall's. Depending on the municipality, an awning that changes the facade may need a minor works licence or a responsible declaration, and some bylaws set colours or models, especially in historic centres and listed buildings. Installing without the right permit can lead to a fine or an order to remove it. Ask at your town hall before you order the awning.

This article is for guidance only. Every community has its own statutes and every case has its details: before installing, check with your property administrator and, if there is a dispute, with a lawyer.

Frequently asked questions

Do I need the community's permission to install an awning?

If the statutes or a decision of the owners' meeting already set a model, just follow it. If not, and the awning changes the building's exterior, article 7.1 of the Horizontal Property Act requires the community's agreement. The majority needed depends on the statutes and the case, so check with your property administrator.

What majority is needed to enclose a terrace?

Article 10.3.b) of the Horizontal Property Act requires three fifths of the owners who also hold three fifths of the shares. The statutes may say otherwise, and the town hall may require its own permit.

How do I ask the community for permission?

In writing to the president, who must put it on the agenda of the next meeting under article 16.2 of the Act. A decision taken under any other business on something that was not on the agenda can be challenged.

Do I also need a town hall permit?

It depends on the municipality. Some require a minor works licence or a responsible declaration, and some bylaws set colours or models, especially for listed buildings. Ask at the town hall before ordering: installing without a permit can lead to a fine or an order to remove it.