This issue has been generating problems of interpretation of the standard. The decision of the high court to allow the change of use, has occurred as a result of conflicts between neighbors, which have highlighted the legal vacuum.
THE HORIZONTAL PROPERTY LAW
In the horizontal property law of a building, rules and regulations regarding the use or destination of the building can be established. It can be defined, provided that the law is not contradicted, the type of use that can be made of the floors or premises, facilities or services.
These statutes may also define rules relating to expenses, administration, insurance, conservation and repairs. This regulation must be registered in the Property Registry.
WHAT HAPPENS IN CASE OF CONFLICT BETWEEN NEIGHBORS?
In case of conflict between neighbors regarding the change of use of a property, the competent authorities can make an interpretation of the rules established in the horizontal property law of the property.
Depending on the content of the bylaws, what an owner can do that wants to change the use of their floor or office space to a home will be determined. The horizontal property regulation can only prohibit these changes if the horizontal property statutes are modified through a neighborhood board.
But it can also be considered that the statutes are not a definitive limitation. Precisely this occurred in recent dates, when the DGRN estimated in a case of this type that the statutes only established the possibility of their use, but did not entail the exclusion of other types of uses.
THE DECISION OF THE HIGH COURT
The Supreme Court has created Jurisprudence where the application of the norm was not clear. One community had refused to allow one of the neighbors to change the use of their office property to housing. The neighbor argued that there was no rule that prohibited it, and that therefore there was no limitation to his right to use it for the use he considered appropriate.
The Provincial Court of Almería gave the reason to this person. The argument for this was that in the statutes of the community there was no express prohibition for that. In addition, it was determined that in this case the change of use did not affect the structure of the building or compromise elements of common use.
After the Hearing, the High Court confirmed the decision. He did it remembering that the change of use is a right of the owner that can not be denied; unless there is an express clause in the horizontal property regime, in the sense of prohibiting the change of the destination of a property.
With this regulation, if you want to change the use of your location or business to housing, you are free to do so, unless the horizontal property statutes clearly stipulate otherwise.
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