Buying a home or apartment on the Costa del Sol means becoming part of a community of owners. This model of shared living and management, governed by the Horizontal Property Law, defines how the common areas of a residential complex or development are used, maintained and managed.
Knowing the basic rules of this law is essential. It helps you enjoy your property in Spain, avoid conflicts, and ensure a safe and well-managed investment.
This guide explains what horizontal property is, how this legal framework works, and why it is so important for anyone wishing to invest or live in one of the most exclusive regions of the Mediterranean.
What Horizontal Property is and what it regulates
Horizontal property is a form of joint ownership. It allows a building or residential complex to be divided into independent units (homes, commercial premises, garages, etc.) owned by different people. These owners share common elements such as lifts, gardens, a social club, sports areas or swimming pools.
In simple terms, each owner has exclusive ownership of their home and a percentage share of the common areas. This system is regulated by Law 49/1960 of 21 July on Horizontal Property, which has been amended several times to adapt to new market realities.
In practice, it is the most common system in residential developments on the Costa del Sol, from tourist apartments to luxury complexes.
Key Aspects of the Horizontal Property Law
The main goal of the Horizontal Property Law is to ensure orderly coexistence among owners, protect their rights and simplify community management. Key areas covered by the law include:
1. Creation and organisation of communities
The law sets out:
- How a community of owners is formed.
- What the Constitutive Title must include (ownership quotas, building description, common elements, etc.).
- How internal statutes are drafted.
- What governing bodies exist (president, vice-president, secretary, property manager and others).
2. Decision-Making within the community
Horizontal Property Law defines:
- How owners’ meetings are called and held.
- What majorities are required for agreements:
- Simple majority for ordinary expenses or minor works.
- Qualified majority for more significant changes.
- Unanimity for amendments to statutes or essential elements.
- Voting rights are based on each owner’s share in the complex.
3. Distribution of common expenses
The law explains:
- How general expenses are divided according to each property’s assigned quota.
- What happens in exceptional cases (special levies, urgent works).
- What financial obligations does each owner must meet.
4. Proper use of common areas
The law regulates the use of:
- Green areas, swimming pools, padel courts, spas, lifts, garages, entrances and other shared facilities.
- Usage limits to prevent disturbances or damage.
- Prohibited activities or improper use of common spaces.
5. Conflict management and unpaid fees
The law provides tools to:
- Recover unpaid fees through a fast and effective debt-recovery process.
- Resolve disputes between neighbours or with the community.
- Protect the financial stability of the building.
Owners’ rights under the Horizontal Property Law
Being an owner within a community in Spain grants you a series of rights that are regulated and protected by the Horizontal Property Law. The most important ones include:
- Right of use. You may use your property freely, as long as it does not cause damage or disturbance to the rest of the community.
- Right to take part in decision-making at owners’ meetings.
- Right to carry out works and refurbishments.
- Right to access information, including accounts, expense details, contracted services and meeting minutes.
- Right to challenge agreements. If a decision infringes your rights or the law, you may contest it before the courts.
Owners’ obligations under the Horizontal Property Law
Living in a community also requires certain responsibilities:
- Contribution to common expenses. Each owner pays their share according to their quota.
- Respect for common façade elements. You cannot alter them without approval. For example, enlarging an exterior window.
- Allowing necessary works. Structural, safety or accessibility works must be permitted, even if they affect your property.
- Compliance with community agreements. Once approved, they are binding for all owners.
How the Horizontal Property Law applies on the Costa del Sol
In areas such as Marbella, Estepona and Benalmádena, the law is especially relevant due to the region’s urban layout:
1. Large developments, premium services and international owners
Many communities offer 24-hour security, landscaped areas, pools, spas, gyms, sports facilities and professional maintenance services.
The presence of owners from many countries requires rigorous management and multilingual communication.
2. Mix of main residence, second homes and vacation house
In this area, it is common to find:
- Owners who live there only part of the year.
- Investors who rent out their property for holidays.
- Communities that regulate or restrict short-term rentals.
The law allows communities to limit holiday letting if this is included in the statutes and regional regulations are respected.
3. Importance of transparency and professional management
A good property administrator is essential to:
- Manage incidents remotely.
- Control unpaid fees.
- Coordinate services.
- Preserve the value of the complex.
How Prime Invest can help you
At Prime Invest, we understand that a real estate investment goes far beyond the purchase. It involves management, profitability and compliance with the law. We support national and international investors on the Costa del Sol so they can invest with confidence and peace of mind. Explore our new property developments and find your new home.
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