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The installation of awnings on facades and their legality

6 May 2018

The installation of an enclosure with awnings in the community façade for a commercial establishment is permitted and does not require authorization if it is included in the community statutes.

There is a wide ignorance about the regulations for the installation of awnings in the communal façades by the owners of the commercial premises.

Recently, a judgment of the Supreme Court that establishes Jurisprudence and that fails to install a canopy for a place on the communal façade of the community building, has put even more uncertainty on the subject.

Can I put a closing of awnings in my room?

We will try to answer the question.

First of all we must obtain information on the statutes that govern the community, we will observe if there is any point or regulation on the installation of awnings. If we observe the prohibition of installation of awnings, the only option that remains is to convene a community meeting and transfer our desire to install an awning, if in that meeting the approval is obtained, the problem is solved. Many communities usually prohibit de facto the installation of any element on the façade, leaving open the possibility to obtain timely permission at community meetings.

If the community does not have statutes, it is automatically governed by the Horizontal Property Law that in its Articles 6 and 7 points textually:

Article six.

To regulate the details of the coexistence and the proper use of services and common things, and within the limits established by the Law and the statutes, the set of owners may set rules of internal regime that will also bind every owner as long as they are not modified in the manner intended to make agreements on administration.

Article seventh.

1. The owner of each floor or premises may modify the architectonic elements, facilities or services of the same when it does not undermine or alter the security of the building, its general structure, its external configuration or state, or damage the rights of another owner, having to give account of such works previously to whoever represents the community.

In the rest of the property you can not make any alteration and if you notice the need for urgent repairs you must inform the administrator without delay.

2. The owner and the occupant of the flat or premises are not allowed to develop in it or in the rest of the property activities prohibited in the statutes, which are harmful to the farm or contravene the general provisions on annoying, unhealthy, harmful activities, dangerous or illicit.

The president of the community, on his own initiative or on behalf of any of the owners or occupants, will require from the person who carries out the activities prohibited by this section the immediate cessation of the same, under penalty of initiating the appropriate legal actions.

It is clear from these articles that the owners of the premises should ask the community for permission to install awnings and avoid future complaints unless their statutes provide for the installation of awnings on the facades and their approval.

However, if the aforementioned statutes include the possibility of installing awnings on the facades of the building, the permit would not be necessary.

On the other hand it is necessary to be aware of the regulations on occupation of the public road in the case of commercial premises of catering when expanding its service area with an enclosure of awnings, and although these awnings are not anchored to the facade if they occupy a public place and the town halls have specific regulations for each place in the municipality.

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