Starting next October 23, the Horizontal Property Law changes. The entry into force of Law 4/2026, of October 1, will create new obligations for neighborhood communities, which must guarantee the autonomy of their neighbors with disabilities and submit a request to carry out accessibility works. A measure with which the Government of Spain seeks improve the adaptability of residential buildings.
The Horizontal Property Law is responsible for establishing both the rights and obligations of the owners. Therefore, it highlights a series of behaviors that must be respected in all neighborhood communities in buildings or properties with different residences. Some measures that, if not complied with, They can lead to financial fines and the request to cease the activity or even prohibit the use of the property for a maximum of 3 years.
However, it not only establishes individual obligations for neighbors, but also for the community as a whole. An issue that is especially demonstrated with the publication in the Official State Gazette of the reform in article 10 of the Horizontal Property Law. This is reflected in Law 4/2026, of October 1, which will come into force on October 23 and establishes the need to adapt your residential building in case one of its owners requests it.
The obligation applies when a neighbor over 70 years of age or with a disability resides.
One of the biggest difficulties that people with disabilities face is the lack of adaptability of the buildings in which they live. The absence of a ramp or elevator for people who need to use a wheelchair, electric scooter, or walker, or the simple placement of mailboxes or button boxes so that they can have access to them, are issues that many residents overlook, but that are essential to guarantee accessibility for all people.
However, this type of renovation usually has a fairly high cost, so neighborhood communities tend to avoid them, even if a person who needs them resides in their block. That is why the reform of article 10 establishes that, if a neighbor with a disability or over 70 years old requests information about the calls for aid and subsidies to adapt its building to its needs, the community will have the obligation to request said benefit to begin the works.
The reform must be carried out compulsorily when the aid granted has an amount equal to or greater than 70% of the total cost of the works. And the money must be allocated to the installation of elements that help improve the adaptability of the building, such as ramps, elevators or stairlift platforms. Likewise, if these are not carried out, a judge may take measures against the community.
The judge may force the community to install a ramp or elevator
In the event that the neighbors refuse to start the works or request the benefit, the person who requested the information and who requires said reforms may present the case before a judge. This may force the community to install the element that best suits the needs of the applicant, including an elevator. A measure that seeks to combat the disconnection and loneliness of older people or people with disabilities, as well as help those family members who must take care of them.
However, it is not the only novelty that comes to reduce discrimination against people with disabilities. As explained in the preamble of the law, the money collected from fines imposed for reasons of inequality or lack of accessibility will be allocated to works that improve the adaptation. Likewise, it establishes a specific period to issue a resolution on this type of issues with the aim of reducing non-compliance or prescription.
On the other hand, not only the individual neighbor is capable of complaining and taking action against the community. The reform that came into force last April 2025 with Law 49/1960, of July 21, established the right of the community to decide about the installation of a home for tourist purposes in its building, and could prohibit it or even establish a special fee or increase in the participation of common expenses. Which shows how the Property Law protects both obligations and protections for owners.