Avui responds to: How is it regulated the transfer of physical trash to the community of owners. Missing space for emmagatzemar?: Discover the virtual trash.
Llei de Propietat Horitzontal: Trasters Convertible
The Horizontal Property Law is referred to below article 2.2. This diu: “The regulatory norms of l'arrendament d'habitatge will also apply (…) [to] the storage rooms (…)”.
In your lease you have to differentiate 2 assumptions:
- As the storage room is not legally independent of the habitat. It is an “annex”. Aleshores, it is logical under the regulation of “lloguer d'habitatge” and “no d'ús diferent” [to that of domicile].
- The storage room is independent of the house. Being “independent” implies talking about another building. Aleshores are subject to different regulations.
The storage room must also satisfy the safety requirements of the Technical Building Code. This document defines article 3.2 of Law 38/1999, as “the regulatory framework that establishes the basic quality requirements of newly constructed buildings and the six installations, as well as the interventions that are carried out in existing buildings.”.
We write from Barcelona. Therefore, we will study the Civil Code of Catalonia, which is different from the Llei de Propietat Horitzontal.
Is it possible to prohibit trash cans in a community?
Yes, when they Statutes of the community include this veto clearly. The legislator does not leave doubts to article 11, section b of the Catalan Civil Code, according to which the Statutes may contain rules on “the limitations of us and the rest of the charges of the private elements”.
Is it possible to bring a storage room to a vehicle?
Yes, you can reach the storage room because it is part of something that already resides in the community and, therefore, you have access to the common areas of the building.
Before renting the storage room you have to keep 2 things in mind:
- The trash converter pays tribute to communities of owners:
- VAT with 21% (model 303).
- Income tax with the return on real estate capital received by the owner. It is tracta, doncs, of the mateix cas que el lloguer d'habitacions.
- You must always check that the writing on the storage room does not impede the converter..
Traster convertible to a veí according to the Civil Code of Catalonia
| Legal Configuration of the Traster | Is it possible to find? | Detailed explanation for the city | Articles clau del CCCat |
| Independent Private Estate Possesses: * Own writing. * Property registration number. * Independent participation fee. | Yeah | You have absolute ownership of the space. You can reach whatever you see without requiring permission to anyone. The community cannot prohibit this, since in the official Statutes of the building (registered in the Property Registry) there is a rule that expressly prohibits the use of trash. | Article 553-36: “Us and gaudi of the private elements” Section 1. |
| Inseparable Annex Lack of: * Own writing (it is linked to the main floor). | Yeah | The law prohibits you from coming or hypothecating the storage room separately from the bathroom. However, it does allow you to access the second one temporarily. | Article 553-35 “Annexes” |
| Element Comú d'Ús Exclusiu The trash physically belongs to the entire community. However, by contract it is assigned, as the owner of the property, to use and access the storage room exclusively. | No, try to get the rules of the building authorizing the lease. | The storage area is shielded and unites the storage area. If your vius to the pee, you can't "dismember" it to get the trash to a veí. The only exception: That the Internal Regime Regulations or the Statutes of your building expressly allow the vehicles to be connected or to exchange these common storage rooms with each other. If the standards of your building are not authorized, it is possible; If you don't give up, the law prohibits you. | Article 553-52.2.b: “Communities and subcommunities for garages and trash” |
Can my trash get to a person who is alien to the community?
Yes, it is possible to rent the storage room to an alien person as long as:
- The building statutes do not expressly prohibit.
- Estigui registered as an independent private property.
Trashing a person alienates the community:
| Legal Configuration of the Traster | Is it possible to find a stranger? | Legal Foundation and Explanation (CCCat) | Articles clau del CCCat |
| Independent Private Estate | Yeah | Tret that the Statutes provide the contrary. | Article 553-36 “Us i gaudi dels elements privatius” |
| Inseparable Annex | No | The annexes are inextricably linked to the fate of the habitat. | Article 553-35 “Annexes” |
| Element Comú d'Ús Exclusiu | May | When the ownership of the entire building is transferred to a space, the right to its exclusive rights can be separated. | Article 553-52 “Communities and subcommunities for garages and trash” section 2 letter b |
According to the Catalan Civil Code: Who are the problems in getting a storage room outdoors?
First place, a eventual annulment of the convertible contract. En segon lloc, que The community of owners judicially prohibits access to the external browser., based on the violation of the statutes and on security grounds.
| Problem | Description of Risk and Real Effects | Legal Basis Codi Civil Català |
| Ús indegut d'un traster | The only end of a storage room is to remove objects. If an owner, for example, leases a habitat, the rest of the community may require the cessation of this activity. | Article 553-40.2 CCCat “Prohibitions and restrictions of the private and common elements”. |
| Statutory infringement | The Statutes of the community prohibit express access or access to persons outside the property. The community may take legal action against you. | Article 553-40.2 CCCat “Prohibitions and restrictions of the private and common elements”. |
| Cliffs in allowing an entrance to the building | Veïns can legally oppose the claimant who is at risk of security. | Article 553-40.2 CCCat “Prohibitions and restrictions of the private and common elements”. |
| Nullity of the Contract | If the storage unit is registered in the deeds with an "annex" to the storage unit, it is not its own legal entity. Getting to a foreign country independently is illegal. | Article 553-40.2 CCCat “Prohibitions and restrictions of the private and common elements”. |
| Desnonament per la Comunitat | If the storage room is a common element of the building, but not exclusive to the apartment, its separation for profit from a third party externally is totally prohibited. | Article 553-52 “Communities and subcommunities for garages and trash” section 2 letter b. |
| Responsibility for any causes of external errors | When damage is caused to the common areas, the owner is responsible in solidarity with the community. | Article 553-40.2 CCCat “Prohibitions and restrictions of the private and common elements”. |
| Possible insufficiency of life insurance coverage when a third party is the harm | Quan the contingut belongs to a third party aliè to the community and hi there have been robberies or incendis may passar that the insurance has not collected. Contract complete insurance with Grup Housfy | The CCCat does not force you to have insurance. Now, the Statutes of the Community can oblige. |
- Consult the full text of the articles cited in the previous 3 taules:
| Articles from the Catalan Civil Code on trash convertibles | |
| 553-35 Annexes | “It is determined in the title of constitution as physical countries or rights linked inseparably to a private element, they do not have a special quota and are of private ownership for all purposes.”. |
| 553-36.1 Use of the private elements | “The owners of private elements can exercise all the powers of the property rights without any restrictions arising from the horizontal property regime.”. |
| 553-40.2 Prohibitions and restrictions on the use of private and common elements | “"The presidency of the community (...) on its own initiative or at the request of a fourth part of the owners, must require fefaentment to the faci that deixi of fer-les. If the requested person persists in the same activity, the board of owners may exercise against the owners and the occupants of the private element the action per fer-la cessar, which must be processed in accordance with the corresponding procedural norms. Once the lawsuit has been filed, (…) the judicial authority must adopt the precautionary measures that it considers appropriate.”. |
| 553-52.2 Communities and subcommunities for garages and storage rooms | “"There is no subcommunity for the garage or storage room in the following cases: (…) B. If the premises intended for garage or storage rooms are configured as a common element of the horizontal property regime. In this case, the specifics of the parking spaces or storage rooms cannot be transferred to third parties independently of the use of the element ”privatiu respectiu.”. |
This writing was clarified by the converter about storage in communities of owners.
