How to Legally Obtain Exclusive Use of a Communal Rooftop

Current regulations require unanimous approval from the homeowners' association to grant private use of common areas.

Generic image of a communal rooftop in a residential building.
IA

Generic image of a communal rooftop in a residential building.

The Horizontal Property Law allows residents in Barcelona to gain exclusive access to communal rooftops, provided they secure a unanimous vote from all property owners during a formal meeting.

According to legal experts from the Barcelona Bar Association (ICAB), common areas like terraces or courtyards remain communal property, but their use can be linked to a specific apartment. This requires 100% approval from voting members, excluding those in debt to the community.

"It is an agreement that must be approved by the board unanimously. There can be no votes against it."

Montse Bassas · Property Manager
Once granted, the user is responsible for basic maintenance, such as cleaning drains. Experts strongly advise registering these agreements in the Property Registry to ensure they remain valid for future owners, a process that typically costs around 3,000 euros.