More than half of the housing stock in Spain is over 40 years old and this is reflected in its design and features. Not all of them are adapted for people with physical disabilities or elderly people who need special access. Therefore, it is necessary to stop and think about the possibilities of eliminating architectural barriers in the community of owners.
If you have ever wondered whether it is possible to remove architectural barriers in a community of owners or whether it is necessary for the community of owners to approve it, we will look at it in detail in this article. To do so, we will focus on the Horizontal Property Law , since here we will find the answer to these two questions.
What does the law say about architectural barriers?
The Horizontal Property Law is key to clarifying everything related to architectural barriers. For this reason, the regulatory text provides that any person with a disability or over 70 years of age has the right to request this type of reform.
Generally, an architectural barrier is understood to be narrow stairs or hallways that do not allow full mobility for elderly people who need a walker or for disabled people who have to move around in a wheelchair or have other types of impediments.
In this way, and based on what the Law says, if one of the community's residents, who meets any of the aforementioned requirements, requests these reforms, they must be carried out in a mandatory manner.
According to the legal text, the 3.5 million people living in Spain with some form of disability and those over 70 years of age have the right to have the public authorities guarantee them the enjoyment of all civil, social, economic and cultural rights.
To guarantee this right, the Horizontal Property Law was modified and the power to carry out the works and actions necessary for the proper use of common elements in communities of owners is recognized.
The law specifically mentions the installation of ramps, elevators or other mechanical devices, and addresses issues related to the need to hold meetings and the responsibility to assume the costs of such works.
In short, removing architectural barriers in communities is mandatory if one of these people requests it.
What types of works are included in the removal of architectural barriers?
As we have already mentioned, the regulation itself mentions the use of ramps, lifts, elevators and other mechanical devices. Specifically, what is included are access ramps that facilitate mobility for people who use walkers, wheelchairs or crutches, among other things.
In addition to these ramps, the use of elevators and mechanical lifts is mentioned. Although these two elements can complement each other, they are generally substitutes. This means that, in the event that an elevator cannot be installed due to the construction of the building, it must be replaced by other lifting mechanisms that allow the stairs to be climbed mechanically.
Who can request that these barriers be removed?
The Horizontal Property Law recognizes the right of all property owners to request accessibility reforms in buildings where people with disabilities or people over 70 years of age reside, work or provide voluntary services.
Therefore, according to article 10.1.b of the Horizontal Property Law, when an owner with a legitimate interest requests a reform, its implementation will be obligatory for all owners, provided that the economic limit established in the regulations is respected. In this way, the elimination of architectural barriers in a community of owners can be requested by various people and its compliance is obligatory.
Is the community obliged to carry out works?
The community is obliged to undertake these reforms, provided that the cost of the work does not exceed the equivalent of twelve monthly payments of common expenses, discounting subsidies or public aid, the work will be obligatory and all owners must pay for it. In this case, the agreement of the Board is not necessary, although it seems necessary to convene it at least to inform about the work.
For example, if each resident pays 100 euros per month in community fees and there are 10 homes, this means that the limit will be 12,000 euros. When it is lower, after discounting any public aid, the reform will be mandatory.
If the cost of the work exceeds these twelve monthly payments, it will be obligatory and its payment must be assumed by all the owners only if an agreement is reached by the majority of owners representing the majority of the participation quotas. The votes of the owners absent from the Meeting will be considered favourable if, once informed of the agreement, they do not express their disagreement to the secretary of the community within a period of 30 calendar days, using a means that allows confirmation of receipt.
That is to say, if the work, discounting possible aid, exceeds 12,000 euros (following the previous example) it would only be obligatory if there is an agreement between the neighbours.
Who is responsible for paying for the works?
The cost of the works must be borne by the community of owners themselves, since the law establishes that, if the cost of the work is less than 12 monthly instalments of common expenses, all owners must assume the cost up to that limit, according to article 10.1.b.
If the cost is higher, then the difference between the monthly payments for the 12 months and the total cost can be paid either by the person who needs the installation or by the rest of the owners voluntarily provided there is a majority vote. In order to cover the costs and be able to carry out the removal of architectural barriers in communities, some aid and subsidies can also be requested.
What happens if architectural barriers are not removed?
Removing architectural barriers in the community of neighbors is mandatory according to the Horizontal Property Law.
Therefore, if this obligation is not fulfilled, those affected can report it to the courts. First, to ensure that the necessary reform is carried out. And second, so that the corresponding fines or penalties are imposed on the building's residents or members of the neighborhood council.
