Facade renovation is key to improving the appearance, safety and value of a building. However, as it is a shared element, any intervention must comply with various legal regulations that affect all neighbors. The facade not only influences the aesthetics of a building, but also functional aspects such as safety, insulation and energy efficiency. Knowing the permits, legal implications and penalties is essential for a homeowners’ association planning to carry out this type of work. This article explains the regulations in Spain, especially the Horizontal Property Law(LPH) and other requirements, including particularities in Catalonia, the consequences of non-compliance and best practices for a reform in order.
What does “legal involvement” in facade renovation mean?
When any modification is made to a facade, a common element of the community of owners is affected, and this intervention must respect the Horizontal Property Law(LPH), which regulates the use of these shared elements. The LPH establishes that any modification in common elements must be approved in a meeting of owners, where specific majorities are required depending on the type of work to be executed.
In addition to regulating the aesthetics and functionality of buildings, these regulations protect the rights of all neighbors and establish guidelines for coexistence and shared responsibility in the community. Thus, any intervention on the facade needs to comply with current regulations and, in some cases, may be subject to additional regulations depending on the autonomous community.
Regulations applicable to facade reforms: Horizontal Property Law and exceptions in Catalonia.
In Spain, the legislation that regulates interventions on the facades of homeowners’ associations is the Horizontal Property Law(LPH). Within the LPH, a differentiation is made between the different types of works:
Conservation works (Article 10.1)
These are interventions necessary for the maintenance, safety or accessibility of the building. They include, for example, the repair of cracks, the reinforcement of structural elements and the waterproofing of the facade. In these cases, all owners must contribute to the cost of the work, and a qualified majority is not required to approve the intervention.
Improvement works (Article 17.4)
These are optional interventions that do not directly affect safety or habitability, such as changing the aesthetics or adding decorative elements. For this type of work, the favorable vote of at least 3/5 of the owners is required, and those who oppose are not obliged to contribute to the costs, unless the improvements also affect the value of the building or energy efficiency.
Additional regulations in Catalonia
Catalonia has specific regulations regarding alterations to common elements, stipulated in the Fifth Book of the Catalan Civil Code. According to this regulation, any modification to common elements, such as the façade, requires a qualified majority of 4/5 of the owners. This additional regulation seeks to protect the structure, functionality and aesthetics of the buildings in the Catalan regional context, where heritage conservation is a priority.
Owners of commercial premises who wish to carry out interventions on the facade, such as installing signs, changing windows or opening additional doors, must also comply with community regulations. This includes obtaining the consent of the neighbors at the owners’ meeting, and may involve the need for additional permits. According to a Supreme Court ruling, any modification to the facade of a building that alters its appearance or structure must have the authorization of the community, underlining the importance of consensus to avoid possible sanctions.
Facade rehabilitation methods and required permits
Facade rehabilitation can be done by different methods, each with its own benefits and permit requirements:
Ventilated facade system
This method involves the installation of a structure anchored to the facade with a ventilation space between the cladding and the wall. It usually uses materials such as ceramic or metal to improve thermal and acoustic insulation.
SATE System (Exterior Thermal Insulation System)
This system consists of applying thermal insulation directly to the facade, which improves the energy efficiency of the building. It is a popular option in renovations that seek to reduce energy consumption.
Single-layer plaster and cement mortar
These are coatings applied to the facade to protect it and improve its aesthetic finish. This method is suitable for facades that do not require a deep intervention in terms of insulation.
For each of these methods, it is important to have the necessary permits, which may include:
- Municipal license: Issued by the municipality, this license is necessary to authorize the work. It must be requested well in advance and must comply with local safety and accessibility regulations.
- Authorization of the community of owners: For any change that alters the image or structure of the facade, it is essential to have the approval of the community, obtained in a meeting of owners.
- Compliance with local and regional regulations: In addition to community licensing and authorization, it is essential that the work complies with local regulations in terms of safety, accessibility and aesthetics.
Legal consequences and sanctions
Carrying out work without proper permits or neighborhood consent can lead to significant legal penalties. Penalties may include financial fines, the amount of which varies depending on the seriousness of the non-compliance and local regulations. In addition, in some cases, the owner may be required to reverse the alterations, i.e., undo the alteration and restore the facade to its original state, which involves significant additional expense.
The recent Supreme Court ruling underscores the importance of complying with the regulations in this type of work to avoid legal conflicts in the community and protect the rights of neighbors.
Good practices to comply with regulations for facade renovations
To carry out a facade renovation smoothly and in compliance with current regulations, consider the following recommendations:
- Hire certified professionals: A professional team ensures that the project is executed in compliance with regulations and safety standards.
- Consult legal advisors: Legal advice is essential to ensure that each phase of the project complies with the Horizontal Property Law and local regulations.
- Apply for all licenses and permits before starting the work: Make sure that the work has all the necessary approvals, from the community permit to the municipal license.
- Review possible subsidies or grants: Some autonomous communities offer subsidies for the rehabilitation of facades, especially if they improve the energy efficiency of the building. These grants can reduce the costs of the work.
Compliance with these good practices is essential to avoid penalties, protect owners and ensure a reform execution that respects legality and harmony in the community.
What sanctions can be applied for non-compliance with the regulations?
Failure to comply with the regulations may result in penalties, including financial penalties for carrying out work without the necessary permits or without the approval of the homeowners’ association. In addition, in some cases, the reversal of the modifications may be required, which implies undoing the alterations and covering additional expenses.
Is it possible to make an alteration to the facade without the consent of the community?
No, any intervention affecting the facade of a building must be approved by the community of owners, as it is a common element. Making unauthorized modifications may result in sanctions and legal disputes.
How can homeowners ensure that a facade renovation complies with regulations?
In order to guarantee a proper renovation, it is advisable to hire certified professionals, obtain legal advice and verify that you have all the necessary permits and majorities according to local regulations and the Horizontal Property Law.
