How to renovate your home without causing problems with the homeowners' association?

The Condominium Law specifies which renovations owners can carry out without informing the homeowners' association and which they cannot.

Articles 7, 10, and 17 of the law establish clear rules: they determine which works owners can carry out independently in order to preserve their freedom of choice without compromising the rights or well-being of the community. The requirements vary depending on the case. For example, maintenance and conservation work is not the same as adapting the property for people with functional diversity or some type of physical disability. It is important to note that the work must not alter the external appearance of the facade and structure of the building, features that are normally defined in the community statutes.

But what are the statutes of the homeowners' association?

They are a kind of constitution, containing the basic rules that govern coexistence and the internal norms of the neighborhood. They lay the foundations for behaviors that are permitted and those that are not negotiable, even at a neighborhood meeting.

According to the law, owners are completely free to carry out work inside their homes or commercial premises as long as it does not cause damage to the common areas of the building or alter its structure or the functioning of the common facilities.

The law aims to reconcile the individual design rights of each owner with the protection of common interests. The decisive factor is the distinction between works that require approval and those that can be carried out independently. This prevents structural modifications from compromising safety, functionality or coexistence.

The law clearly states which activities do not require permission or notification, i.e. all work exclusively related to the private sphere and which does not affect communal elements can be carried out freely.

These include standard interior renovations such as:

- Changes to the layout of rooms,

- Renovation of surfaces,

- Replacement of kitchen or bathroom taps,

- Painting or decorating work

Below, we highlight the most notable aspects of the law:

‘Owners may carry out work on their condominium units without obtaining prior authorisation from the owners' association, provided that such work does not affect the common elements of the building or alter its structure or the normal functioning of the general services.’

This provision is considered one of the most important guarantees of the Condominium Law, as it allows owners to personalise their flats without unnecessary paperwork.

However, the law highlights clear restrictions to prevent misuse or damage to the building.

In the event of work affecting common elements, such as load-bearing structures, central installations or general services, prior approval from the owners' association is mandatory. These areas belong to all owners, so any work can only be decided upon jointly.

One noteworthy aspect of the Condominium Law is the distinction between major and minor works:

approval is not required for minor works, but the owner must inform the community of the planned works. This notification is for transparency purposes only, not for approval.

In this way, the law strikes a balance between freedom of action and protection of the community: the notification requirement is intended to facilitate coexistence and avoid conflicts, as neighbours are informed without the right of veto – provided that the work complies with legal requirements.

Despite these clear rules, in practice controversies often arise as to whether certain measures affect common elements. In such cases, owners can first contact the president or administrator of the community. If the conflict continues, a court will ultimately decide whether the work is compatible with the law or not.

When in doubt, it is best to consult a lawyer who specialises in this area of law and inform the community in advance to avoid possible penalties or dismantling obligations.

Furthermore, unauthorised structural modifications may cause problems when selling a property at a later date, as such deviations must be indicated in the sale contract. This may lower the sale price or make the sale more difficult.

Therefore, despite the freedoms granted by the Condominium Act, it is advisable to carefully document all work and ensure that it complies not only with the provisions of the Condominium Act, but also with technical standards and municipal building regulations.