EL DERECHO A ALTERAR LOS ELEMENTOS COMUNES DEL INMUEBLE COMO FACULTAD IMPLÍCITA EN EL DESTINO COMERCIAL DE LOS LOCALES DE NEGOCIO.

Abstract

In the legal framework governing horizontal property, as a general rule the owners of retail space require a reservation under the building owners' association bylaws or the unanimous consent of the rest of the building co-owners in order to make certain modifications that are necessary in order to adapt the space to suit the retail, business or professional activity to be conducted there. These modifications may concern common elements of the building, or they may even pertain to the constitutive title itself; they are usually indispensable; they may be relevant or substantial; and, in addition, the interest in which they are made may be a private interest. But even in these cases, the grave financial blow the retail space owner may suffer when authorisation is withheld must be weighed against the possible damage or detriment that may otherwise be done to the building owners as a group in purely objective terms. Considerations of actual justice advise some flexibility in the requirements set by law on certain occasions. The mostrecent Spanish case law backs up this view and makes decided inroads in that direction.