SPECIAL USE OF TERRACE SPAIN
Buying real estate in Mallorca, special use of terrace
Not only in Mallorca, the problem is common that apartments are sold in a complex and the roof terrace belongs to the community of the complex, but when buying real estate in Mallorca it is promised that the special use of the respective community area is entitled.
TIP: In Mallorca, a legal control is always necessary prior to the purchase of real estate, because the registration in the land register of properties is decisive and if the use of the roof terrace is not assigned to the apartment, it is not legally available.
A distinction is made in Spanish residential real estate law between special use (condominium) and common use.
The exception is that apartment buildings, in the frame of special use, can also use the roof terrace as a special right of use.
In order to do so, this right must
- be registered in the land registry office
- be mentioned in the bylaws of the building
- or all owners have given their 100% consent to the special use of the community area.
In the latter case, it remains to be checked when selling an apartment in Mallorca, the buyer can enter into the right of special use and buy the apartment with it.
A special use can be granted for a roof area, a part of the garden, a patio, etc.
It remains to be emphasised that the special use does not take on the character of common property, and therefore also the maintenance costs remain due to the entire condominium community. However, it has to be distinguished that the maintenance costs are due to the user and the construction measures to maintain the substance are due to all condominium owners according to the share of participation.