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Professional Advice

Pregunta al Administrador de Fincas: patio de luces uso exclusivo

 Good morning. I am owner of a commercial site  that has a patio, and I have taken the decision to cover it in order to enlarge my place of work. However, my neighbors oppose this, saying that it is a common element and that I have no right to make this enclosure. I wonder, if this possibility is foreseen in the statutes of the community, this exploitation would be legal?


Joan J.


Administrator:  Juan López



The fact that this patio is your property, this does not mean is for private use, but that it is a common element of the community under the 396 of the CC and as such, any alterations required the unanimous consent of all the community members. Now, you can pass that, the title establishing of the community or in the statutes, expected the possibility of this enclosure or exploitation for its part, in which case would be entitled to make its coverage, regardless of the opposition of the rest of the neighbors, so I advise you to firstly consult these documents for how to act before performing any action.

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