The Spanish constitution protects the rights of people with disabilities. (in particular section 49 of the Spanish constitution). Additionally Spain ratified in 2008 the UN Convention on the Rights of Persons with Disabilities. This international agreement was crystallized into law 26/2011 of the 1st August, modifying several previous laws that were not in complete compliance with this UN convention.
The Spanish government and the Regional governments take these into account when designing any kind of law. The Ley de Propiedad Horizontal (horizontal property law), the law that regulates communities of owners in Spain, is no exception to this and a series of different measures have been taken in order to defend the rights of people with disabilities.
Physical barriers and the Horizontal property law…
Works in the common areas:
In construction terminology a physical barrier (barrera arquitectónica in Spanish) is anything that can prevent a person with disabilities to access a specific area. For example this could be a step at the entrance of a building that prevents wheelchairs to enter.
The Horizontal property law is very specific in its articles 10 and 11 and force Communities of owners to take the necessary measures in case a person with disabilities (or more than 70 years old) works or lives in an area within the perimeter of the community.
In this case Article 10, tells us that the community will have to make works in order to make the common areas ‘accessible’ to the disabled person. In particular there will have to be an ‘accessible path’ (i.e. a path usable and safe for people with disabilities) between at least one entrance of the urbanisation to the entrance of the property where the person with disabilities lives or works. Moreover within the urbanisation disabled people are entitled to request accessible paths from their property to different common areas (parking, cellars, swimming pool…)
This can include masonry works or the installation of electronic or electromechanical devices (like wheelchairs lifts). Article 10 caps the maximum expense that the community is entitled to spend for one owner at 12 times the ordinary monthly community fee.
Any disagreement between the owners on the works to be done will be solved during the community of owners meeting. Additionally the arbitration of a legal expert will help the community to reach a satisfactory decision.
The maintenance and upgrade of these new installations will follow exactly the same rules that any other common area facility.
If the works make an area of the urbanisation unfit for use to some of the owners, then it will be necessary to get their written approval.
Voting in the community meeting:
The approval or disapproval of a work intended to remove a physical barrier will require a simple majority during a community of owners meeting. If the works or change of use of an area requires the change of the statutes of the community a simple majority vote will be required. This is in contrast with a normal change of the community statutes that requires a unanimous vote.
Construction technical rules (in Spanish Código Técnico de la Edificación):
Law 38/1999 of the 5th of November gives the precise procedures and rules for constructions in Spain. This law refers to the Código Técnico de la Edificación, a set of long and exhaustive regulations that can be found at http://www.codigotecnico.org/
The DB-SUA (Basic document on Use and Accessibility security) was updated in June 2012 and is a valid reference for anyone confronted with an accessibility problem in a community of owners.