When one owns a flat or premises forming part of a community of neighbors or owners ( complex or urbanization), his right to enjoy his property is not unlimited, as the rights of the community of owners where he lives must be respected, its rules, common elements, etc., regarding the activities performed on the property, and possible renovations, services, etc.
Horizontal Property Law
Thus, the Law 49/1960, of 21 July, Horizontal Property Law (LPH), in its article 7.1 regarding works, services, etc., says:
“The owner of an individual property or premises is able to alter the architectural elements, facilities or services of it, as far as they do not affect or alter the building’s security, its general structure, its exterior configuration or condition, or prejudice the rights of other owners, and must report such works in advance to the person who represents the community. “
Also, a landlord cannot develop on a house or premises, any activity that is prohibited by the statutes, resulting in harm to the community or any other neighbor, or contravene the general provisions about annoying, unhealthy, noxious, dangerous or illegal activities.
Article 7.2 of the mentioned LPH, says that if any of these prohibited activities is performed, the president of the community, must in first place request to the owner or occupier of the property to cease the activity immediately. In the event that they continue with the activity, a legal action for cessation or termination could be filed.
The court could agree the final cessation and termination of the prohibited activity and order compensation for damages if appropriate, and also, it can agree the deprivation of the right to use of the property or premises for a maximum period of three years, depending on the gravity of the infringement and the damage caused to the community.
Court Precedents.
A judgment of the Court of First Instance No. 4 of Alicante, number 247/2014 dated 12.15.2014, has drawn our attention since it ruled against the owners and tenants of a property that was part of a community owners, where prostitution and sexual massages activities took place, with subsequent disruption of the peace for the rest of neighbors, due continuous calls to the intercoms, coming and going of people late in the nigh, etc.
The judgment firstly understood that according to the statutes of the community it was not allowed to perform any kind of commercial or professional activity in the flats, as any business activity was reserved exclusively for commercial premises, and secondly, the court understood that the activity in question caused an obvious nuisance to neighbors.
So the judge ordered the termination of the activity in question, (extinguishing the lease / letting contract), and further the judge to deprive the owner the use of the property for 3 years.
Therefore, if you or someone you know has problems with a neighbor that develops in his home or premises harmful, prohibited, annoying, unhealthy, etc., activities, contact us.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Carlos Baos (Lawyer)
Spanish Law firm.
White & Baos 2015– All rights reserved
