Community of Owners Approval for Garage and Driveway Work in Spain
In a Spanish community of owners, work needed to maintain common elements is mandatory and does not need a prior vote of the Junta; the owners pay, and the Junta agrees how the cost is shared and when it is due. Improvements that are not required follow stricter majority rules. Knowing which category your project falls into is the key to getting a tired communal surface restored.
Send us a photo and the m²Which law governs communal works in Spain?
The Ley de Propiedad Horizontal, Ley 49/1960, sets the rules for buildings and urbanisations divided into privately owned units with shared elements. Driveways, access ramps, communal parking areas, paths and pool surrounds are typically among those shared elements.
Articles 10 and 17, which matter most here, were amended by Ley 8/2013, and article 17 was changed again by Real Decreto-ley 19/2021 and Ley 10/2022. The consolidated text published by the BOE also shows a later amendment dated October 2026 that we could not identify (to be verified).
When does the community not need a vote at all?
When the work is necessary to maintain the property. Article 10.1.a states that works needed for adequate maintenance and to fulfil the duty to conserve the building and its common services and installations are mandatory and do not require a prior agreement of the Junta de propietarios.
In practice, that means a community cannot simply decline necessary upkeep of its shared elements. Whether a specific restoration of a ramp or parking area counts as necessary is a matter for the community and its administrador to judge, based on the state of the surface.
Who pays, and what does the Junta decide?
The owners pay. Under article 10.2, the cost of these necessary works is borne by the owners, and the Junta’s role is limited to agreeing how the extra charge, known as the derrama, is shared out and the payment schedule.
For a non-resident owner, that is useful to know. The meeting about a necessary repair is about how much each owner contributes and when, not about whether a crumbling communal drive gets attention.
What if the work counts as an improvement?
Then the voting rules are stricter. Article 17, rule 4 requires the approval of three-fifths of the total owners, who must also represent three-fifths of the participation quotas, for improvements that the building does not require.
An owner who votes against such an improvement is not obliged to pay for it. That is a reason to describe the work clearly: owners who understand what a restoration involves are better placed to decide.
Agreements that fall under neither heading follow article 17, rule 7: a majority of all owners who also represent a majority of the quotas, or, at a second call, a majority of the owners present who represent more than half of the quotas present.
How can an owner move a communal restoration forward?
By turning a complaint into information the administrador can act on. A message saying the ramp looks awful is easy to postpone; a set of photos, a description of the defects and a quote are much harder to ignore.
- Photograph the surface: wide shots, close-ups of cracks and damage, any pooling water.
- Send them to the president or administrador with a short description.
- Ask whether the work is likely to be treated as maintenance or improvement.
- Request quotes so that the owners can compare scope and method.
- Make sure the item reaches the Junta’s agenda if a decision is needed.
Our defects guide helps you describe what you see accurately, which makes the classification easier.
What should a quote for a communal surface contain?
Enough for an owner who has never seen the site to understand the job. That means the area in square metres, the condition, the access constraints and each step of the work: pressure cleaning, crack and defect repairs, edging by brush and two coats of colour.
It should also say what is not included. Line marking and space numbering, for example, are not part of our service, and owners should know that before they vote. Our communal surfaces page sets out our scope for communities.
Should the community restore or replace?
The same technical logic applies as for a private home. If the communal surface is level and firm and the defects are on top, restoration is usually the proportionate choice. If ramps or bays have sunk, or cracks are widening, the community needs a technical assessment first.
Our page on whether to clean, restore or replace explains the checks, and a restoration itself is described on the patio refresh service page.
How does VAT affect a communal restoration?
The Spanish tax authority’s criteria extend the reduced VAT rate for renovation and repair of dwellings to communities of owners, subject to conditions. Whether it covers annexes such as garages and access areas has not been verified (to be verified).
A decree adding payment requirements was also awaiting ratification when this guide was written. Ask the community’s adviser to confirm the rate before the budget is approved; our cost factors guide explains the other elements of the budget.
Frequently asked questions
Does a Spanish community need to vote on repairing the communal driveway?
Not if the work is necessary maintenance. Article 10.1.a of the Ley de Propiedad Horizontal makes such works mandatory without a prior agreement of the Junta. The Junta then agrees how the cost is shared and paid. Your administrador will judge whether the work qualifies as necessary maintenance.
Who pays for communal garage repairs in Spain?
The owners, through the community. Article 10.2 of the LPH provides that the owners bear the cost of necessary works and that the Junta decides how the extra charge is divided and the payment terms. Your administrador can explain how that has been handled in your community before.
What majority does an improvement need?
Under article 17, rule 4, improvements that are not required need three-fifths of all owners, who also represent three-fifths of the participation quotas. An owner who voted against is not obliged to pay for that improvement. Other matters follow the majorities in rule 7.
Is restoring a faded communal ramp maintenance or an improvement?
It depends on the condition of the ramp and how the community and its administrador assess it. Repairing cracks and damage is closer to upkeep; a purely aesthetic change may be viewed differently. We describe the work precisely, but the classification is the community’s decision.
I live abroad. How can I push for a communal restoration?
Send the administrador or president photos of the surface, a short description of the defects and, ideally, a quote. Ask whether the work counts as maintenance or improvement and request that it be placed on the agenda if a decision is needed. Clear information travels further than a complaint.
Has the Ley de Propiedad Horizontal changed recently?
Articles 10 and 17 were amended by Ley 8/2013, and article 17 again by Real Decreto-ley 19/2021 and Ley 10/2022. The BOE consolidated text shows a further amendment dated October 2026, which we could not identify. Your administrador should work from the current text.
Can a community refuse necessary maintenance?
Under article 10.1.a, necessary conservation works are mandatory and do not depend on a prior agreement. The Junta decides how costs are shared rather than whether the work happens. If you believe necessary upkeep is being ignored, a lawyer or your administrador can advise on the options.
Should the community get more than one quote?
It is easier to decide when you can compare scope and method side by side. Check that each quote states the area, the preparation, the repairs, the number of coats and what is excluded, such as line marking.
Does the reduced VAT rate apply to communal surfaces?
The tax authority extends the reduced rate for dwelling renovation to communities of owners, under conditions. Whether it covers garages, patios and access areas has not been verified. The community’s tax adviser should confirm it for your project. A decree with new payment requirements was also pending ratification at the time of writing.
Can the work be done in phases to spread the cost?
Physically, yes: large areas can be restored in sections. How the payment is spread is for the Junta, which under article 10.2 agrees the share-out and payment schedule. Phasing should still keep colour and edges consistent between sections.
Is this guide legal advice?
No. It summarises what the Ley de Propiedad Horizontal says, with links to the official text and commentary. For how the law applies to your community, consult your administrador or a lawyer, especially on classification and voting. We are a surface restoration business, not a law firm, and the guide is meant only as orientation.