Enclosing a terrace in a block of flats: permissions, majorities and tips
Short answer: To enclose a terrace in a block of flats you need the agreement of the owners' meeting: Spain's Horizontal Property Act requires a vote in favour from three fifths of the owners, who must also represent three fifths of the ownership shares. Even if only you use the terrace, the façade is a common element, so the enclosure must respect the look of the building and also needs council approval.
Can you enclose a terrace in a community of owners?
Yes, but not unilaterally. Even if the terrace is yours or you have exclusive use of it, enclosing it changes the outward appearance of the building. And in a building held under propiedad horizontal (individually owned flats with shared common parts), the façade is a common element.
That is why the Ley de Propiedad Horizontal (LPH), Spain's Horizontal Property Act, prevents any owner from carrying out works that alter the configuration or exterior condition of the building without the community's authorisation (article 7.1). If you enclose your terrace without that agreement, you could face a lawsuit to have it returned to its original state.
What majority do you need to enclose a terrace?
The LPH expressly lists the enclosure of terraces among the works that require authorisation from the owners' meeting (junta de propietarios). Article 17.4, read together with article 10.3.b, requires a double three-fifths majority:
- Three fifths of all the owners.
- Who in turn represent three fifths of the ownership shares (cuotas de participación).
The count is based on the whole community, not just on those present at the meeting. In practice, it pays to have the proposal clearly explained in advance so that absent owners don't block it simply because they don't know what it involves.
Some property managers and law firms argue that, if the enclosure clearly clashes with the look of the building, a stricter standard may apply. If your case is unclear, check with the property manager (administrador de fincas) or a lawyer before the meeting.
Does it matter whether the terrace is private or a common element for your exclusive use?
It matters when it comes to who pays and who looks after it, but it does not change the need for agreement to enclose it. There are two common situations:
| Type of terrace | What it means | Do you need agreement to enclose it? |
|---|---|---|
| Private | It is listed as part of your property in the title deeds | Yes, because the enclosure alters the façade |
| Common element with exclusive use | It belongs to the community, but only you use it (typical of penthouses) | Yes, all the more so |
Check your title deeds (escritura) and the building's founding deed (título constitutivo). They show what is yours and what is shared.
What do the community's statutes say?
The statutes (estatutos) can go further than the law. Some communities ban terrace enclosures, while others have already approved a specific design: type of system, frame colour, type of glass. If there is an approved design and you stick to it, the process is usually much simpler.
If there isn't one, a good strategy is to propose a standard design for the whole building at the meeting. Neighbours vote with more peace of mind when they know the façade will look uniform and that anyone will be able to enclose their terrace later on the same terms.
How should you put the enclosure to the owners' meeting?
A well-prepared proposal avoids refusals born of mistrust. These steps help:
- Ask the president or the property manager to put the item on the agenda. A resolution on a matter that was not in the notice of the meeting is easy to challenge.
- Attach a technical description and an image of how it will look. Frameless glass curtains are easy to explain: toughened glass, no vertical frames, almost invisible from the street.
- Propose that it serves as a model for any other neighbour who wants to enclose their terrace.
- Make clear who pays for installation and maintenance (normally, the owner who encloses).
- Get the agreement in writing in the minutes. That is the document that protects you, and the one the council may ask you for.
Tips for respecting the look of the façade
Appearance is what worries neighbours most. A few technical choices make this easier:
- Frameless glass curtains. With no vertical frames, they change the appearance of the building very little. Take a look at our glass curtains.
- Frames in the same colour as the existing windows. The top and bottom tracks can be lacquered in the colour of the building's windows.
- Clear glass. Avoid tinted or reflective glass, which changes the look of the façade.
- Shade on the inside. If you need sun protection, pleated blinds or indoor roller blinds can barely be seen from outside. See the options under sun protection.
- Roofs and pergolas on penthouses with discreet profiles and a modest height. Browse our range of pergolas and patio roofs.
Is the community's agreement enough?
No. The owners' meeting's agreement is a private permission between neighbours. You also need council approval, which in Andalusia is usually a declaración responsable (self-declaration) or a minor works licence, depending on the local bylaws. We explain this in our guide to planning permission for enclosing a terrace.
And if you want to know how much it will cost before you take it to the meeting, you'll find guide price ranges in our article on how much it costs to enclose a terrace.
What if the community says no?
If the owners' meeting rejects the enclosure, don't install it. You can raise it again later with a different, more discreet design, or propose a standard design for the whole building. If you believe the decision was taken improperly, the LPH allows it to be challenged in court, subject to specific deadlines and requirements. In that case, speak to a lawyer.
We'll help you prepare the proposal
At Kristall we have been enclosing terraces in the province of Cádiz for more than 25 years. We'll give you a free quote with the technical description of the system for you to present at the owners' meeting. Get in touch using our form or by WhatsApp on 665 26 11 55. You'll find more answers in our FAQ.
FAQ
Do I need permission from the residents' association to enclose my terrace?
Yes. Even if the terrace is privately owned, the façade is a common element and the Ley de Propiedad Horizontal (Horizontal Property Act) requires authorisation from the owners' meeting. Enclosing a terrace requires a three-fifths majority of both owners and ownership shares.
Are the three fifths counted on the owners attending the meeting?
No, they are counted on the total number of owners and ownership shares in the community. That is why it pays to keep all your neighbours well informed before the vote.
Can the community make me remove an enclosure?
Yes. If the terrace was enclosed without authorisation, the community can go to court to have the façade restored to its original state. The same can happen through planning enforcement if there was no council approval.
Which type of enclosure is a community most likely to approve?
The systems that alter the façade least, such as frameless glass curtains with clear glass and tracks in the same colour as the window frames. Proposing it as a standard design for the whole building also helps.
Sources
- https://ramisabogados.com/que-mayoria-se-necesita-para-el-cerramiento-de-terrazas-en-las-comunidades-de-propietarios/ (in Spanish)
- https://urbanismoyderecho.com/mayorias-y-unanimidad-en-la-ley-de-propiedad-horizontal-articulos-10-3-b-y-17-4-de-la-ley-de-propiedad-horizontal/ (in Spanish)
- https://adminfergal.es/blog/administracion-de-fincas/ley-propiedad-horizontal-articulo-17/ (in Spanish)
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How much does it cost to enclose a terrace with glass curtains? Guide prices per m²
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