The new Law 4/2026, of October 1, which will come into force on October 23, establishes new obligations for neighborhood communities that must comply with the Horizontal Property Law. One of the most notable is the need to start accessibility works in the building if one of its residents is over 70 years old or disabled and requests information about State aid and These cover 70% of the amount or more.
However, just as there is an obligation to carry out this reform on the part of the community, it also has the right to request the cessation of certain works initiated by the owners, both within the building and their own home. A protection embodied in articles 7 of the LPH, relating to the modifications that can be carried out within of this type of farms or buildings with multiple properties.
In this sense, the law differentiates between two types of works. Firstly, those that the owner carries out inside his home to improve the facilities or reform its aesthetics, but that do not affect the rest of the building or the common elements. And, secondly, those initiated by the neighborhood community itself to improve the safety and state of conservation of the building. Despite this, It is quite common for conflicts to arise between neighbors when these types of reforms begin.
The prohibitions of the statutes must be taken into account
Article 7.1 of the Horizontal Property Law establishes the owner’s right to “modify the architectural elementsfacilities or services” of your home, although it establishes a series of limits. Specifically, a renovation cannot be carried out when it “undermines or alters the security of the building, its general structure, its configuration or state of the exterior, or harms the rights of another owner.”
This means that those works that are private in nature and will only affect the interior of the property do not usually require the authorization of the neighborhood council. This group can include some renovations such as the bathroom or kitchen, as well as changing the floor or doors. Although during the process, you must also respect the prohibitions established by the statutesthe LPH and municipal ordinances.
As established in article 7.2 of the horizontal property rule, both the owner and the occupant are prohibited from carrying out “activities prohibited in the statutes, that are harmful to the property or that contravene the general provisions on annoying, unhealthy, harmful, dangerous or illicit activities.” Therefore, if these last over time and represent a real nuisance to the neighbors, The president may request the cessation of the works.
Reforms that affect the structure require authorization
Therefore, before starting works that may cause this type of nuisance, such as acoustic or cleaning, it will be necessary to review what is established in the community statutes and carry them out within the time limits established in the municipal regulations. Otherwise, and if the neighborhood council considers that the regulations are being breached, they may go to court to request that the works be stopped. Although the legal consequences may also include compensation for damages and even the prohibition of the use of the home for a maximum period of three years.
On the other hand, if the owner intends to start a renovation process that may affect the general structure or the common elements of the building, such as closing a terrace or tearing down a load-bearing wall, it is necessary to notify the president of the community in advance and request authorization. Furthermore, in the event that an unexpected alteration occurs during the process or “notices the need for urgent repairs, You must notify the administrator without delay“.
In the event that this type of work is started without authorization or ends up failing to comply with the provisions of the applicable regulations, the community of neighbors will have the right to request the cessation of the activity or, If the reform has already been completed, its demolition. To do this, they must demonstrate that the common elements have been altered or the general structure of the building has been altered without prior communication, Board approval or a valid municipal license.