Owned Roof Terraces vs Uso Privitivo

Hi all

I own an Atico apartment along with my partner with a roof terrace in Barcelona which is the roof of the 2 apartments below and the building. We have sole access as the terrace which I is split into 2 sections is accessed from our apartment. The community have a right of access for external building works or installations on the roof of our apartment.

In the deeds it says the terrace is ours but the community of owners say we need their permission to put anything onto the terrace. 

Please can someone clarify what our position is?

Thanks, Anton

All communities are the same they have rule's even though you own the property you can't erect or build anything without the permission of the community ...this even applies to myself ..I had to apply to my community directors to have the front of my villa glazed in even though others on the  gated community have done so.

Hi and thanks for your reply. Sorry to hear about your issues. 

To clarify, we asked for approval to install toldos which the community gave. They then withdrew the permission because they didn't like the toldos we installed. They also said we can't put anything like decking on the terrace. It won't be attached to anything. They say 'you can have a table, 2 chairs and a sun lounger bit nothing else'.

Any further advice?

You seem to have answered your own question.

Welcome to a Community of Owners i´m afraid..

Horizontal Property Law which governs Communities normally suggests that no changes can be made to facades without 100% approval of owners.

Civil Law which governs private use of roof terraces suggests it is private property therefore you maybe able to add whatever you wish.

Sods Law though almost suggests tossing a coin to discover which takes precedence.

Thanks for your advice. Really helpful. We have to go to court now so hopefully we'll win!

Appreciate your providing an update in due course, be interesting to know.

Good luck!

By Taking you community to court..could bring you some problems with living in this community ...the rules that are in force have usually been inforced for a reason... have you asked the community leaders why they have put a stop to people doing whatever they want without permission .. maybe they don't want the area turned into a shantytown.

That is a danger but we're hoping that the few neighbours that have agreed with the the problem neighbours in the past Will side with us eventually when they find out the truth. 

2 reasons:

1) They pay for it and don't want to have to pay for any damage caused by what we put on it

2) We have a tiny apartment with a massive terrace and awesome views

Far from it, this is a high end installation which will look like a beach club without the noise and sand! Opposite us looks like a shanty town though so I know what you mean!

@hugh_man - thanks for this. That makes sense with what we've established also. The toldos are fixed to the walls which we got approval for. Nothing else is fixed. In our opinion it's civil law which presides over the case so we will see. Thanks all

drumsanton1973,

What you say makes good sense and may well improve your long term relationship as it will give your neighbours the opportunity to explain themselves. 

In practice with the current bottleneck in court cases there may well be a delay, so you may find that a discussion can take place and a solution/compromise can be found before the hearing.

But positive action may be better than letting the difference of opinion fester.  Of course you will know the personalities to make the assessment.