Renovation & construction
Renovation and comunidad de propietarios: when neighbours must agree
A municipal licence is not the only approval you need. If the works affect the façade or the common parts of the building, the owners' association has to approve them.
A municipal works licence (llicència d'obres majors, comunicat or assabentat) does not replace approval from the comunidad de propietarios, the building's owners' association. If the works affect the common parts, such as the façade, the roof, the load-bearing structure or shared building services, they need separate approval under the association's internal rules and Book Five of the Catalan Civil Code (Codi civil de Catalunya, Llei 5/2006, art. 553-1 et seq.), which in Catalonia governs the horizontal-property regime (propiedad horizontal) instead of Spain's state-level law. This layer of approval is independent of the municipal process and runs in parallel with it.
What majority is needed at the meeting
The approval thresholds at the general meeting are set by article 553-25 of the Codi civil de Catalunya (vote counting is covered by article 553-26), depending on the nature of the works. Most agreements need only the general majority: a simple majority of owners representing more than half the participation quotas. More serious cases, such as interventions affecting the building itself or owners' rights, need a qualified majority of 4/5 of owners and quotas, and the law reserves unanimity for specific, narrowly defined cases. The exact threshold depends on the type of works and has to be confirmed case by case.
Why this is a bottleneck for investors
The owners' general meeting is not called at an investor's request but according to set rules: usually once a year, with the option of calling an extraordinary meeting. If you have to wait for the next meeting or arrange an extraordinary one, approval through the association can take longer than the municipal licence itself.
Build these timescales into the project schedule from the start, especially when the works affect the façade of a historic building.
How we factor this into planning
At DNPI Capital, when we assess a property for renovation, we study the owners' association's statutes and its record of past decisions as early as the due diligence stage. They show how quickly internal approval is likely to come for a given scope of works. What else goes into checking a property is set out in our due diligence checklist.
Questions and answers
Is the association's consent needed if the works are only inside the flat?
As a rule, no, provided the works do not affect the common parts or put the building's structure at risk. But the rules of a particular building may differ, so it is worth checking its statutes.
Can the association's refusal to approve works be challenged?
Yes. A decision of the general meeting can be challenged in court if there are grounds, for example a breach of the voting procedure. But that is a separate court case: it can take a long time and does not guarantee the outcome you want.