Window Replacement Rules in Spanish Apartment Buildings: Navigating the Law and Neighbors

Want to install white windows, but everyone else has brown ones? Is the neighbor downstairs complaining that your new blinds are glaring into his apartment? Is the community president demanding you remove the roller shutters you installed for 3,000 euros? We’ll explore the rules of the game in apartment buildings: what the community decides, what the owner decides, how to negotiate with neighbors, and when it’s okay to ignore them.

What is regulated by law, and what is regulated by the community of owners?

The Spanish property system in apartment buildings divides elements into private (privativos) and common (comunes). Windows are in a gray area—the frame and glass are yours, but the appearance is everyone’s business.

The Horizontal Property Law (LPH) establishes basic rules:

• The building’s façade is a common element
• The exterior appearance must be uniform
• Changes to the façade require the consent of 3/5 of the owners
• However, energy efficiency improvements have been an exception since 2013

Community Regulations (Civil Codes) - the building’s bylaws - may impose additional restrictions:

• Specific window colors (e.g., RAL 8017)
• Prohibition of certain materials
• Mandatory type of blinds or roller shutters
• Prohibition of air conditioners on the façade

Interior Regulations (Civil Codes) - more detailed internal regulations:

• Hours of work
• Use of an elevator for lifting materials
• Requirements for contractors
• Fines for violations

Hierarchy of importance: Law > Estatutos > Regulations > Council Decisions. If the bylaws conflict with the law, the law applies. If the council’s decision conflicts with the bylaws, it is invalid.

What can be done without community permission

Replacing windows with identical ones is the owner’s absolute right. If you are replacing them with identical ones (material, color, size, configuration), approval is not required. However, it is worth notifying the administrator to avoid conflicts.

Repairs and maintenance — replacing broken glass, repairing mechanisms, replacing seals. This maintenance of the property in proper condition is the owner’s responsibility.

Interior elements — window sills, slopes, mosquito nets on the inside. Anything not visible from the street is your decision.

Improving energy efficiency has not required unanimity since 2013. A simple majority on the junta is sufficient. However, windows must match the building’s aesthetics “within reason.”

Security measures — installing safety glass, security locks, and opening limiters. Safety takes precedence over aesthetics.

What requires mandatory approval

Changing color or material is a classic stumbling block. Even if the new color is more attractive, approval is required. The exception is returning to the building’s original color.

Installation of Exterior Elements:

• Roller Shutters (Persian)
• Blinds (Venecianas Exteriores)
• Awnings (Toldos)
• Air Conditioners on the Facade
• Security Grilles

Configuration Changes:

• Combining Two Windows
• Changing the Size of Openings
• Replacing a Window with a Balcony Door
• Adding/Removing Window Partitions

Elements that Change the Facade:

• Colored or Mirrored Glass
• Decorative Elements
• Window Lighting
• Advertising Stickers (even from the Inside, if visible)

Approval Procedure — Step-by-Step Instructions

Step 1: Review of Documents (1 day) Request from the Administrator:

• Charter (Charter)
• Rules (Rules)
• Recent Meeting Acts (may contain precedents)
• Legal Decisions (Resolutions on Similar Issues)

Step 2: Preparing a Proposal (1 week) Prepare a document with:

• Description of the planned work
• Before and after photos/sketches
• Technical specifications
• Justification (energy efficiency, safety)
• Willingness to compromise

Step 3: Informal discussion (2-3 weeks) Talk to key neighbors:

• Community president
• Immediate neighbors (upstairs, downstairs, to the side)
• Informal opinion leaders
• Those who have already made similar changes

Step 4: Submitting a request to the administrator (one month before the meeting) Official letter requesting inclusion of the issue on the agenda. By law, the administrator is obligated to include any issue submitted 7 days before the meeting, but it is better to submit it early.

Step 5: Presentation at the Junta (Day X)

• Be brief (5-7 minutes)
• Emphasize the benefits for everyone
• Show examples from other buildings
• Be prepared to compromise
• Offer a trial period

Step 6: Voting The required majority depends on the type of change:

• Aesthetic changes: 3/5 votes
• Energy efficiency: simple majority
• Installation of elements on the façade: 3/5 votes
• Structural changes: unanimous vote

Typical Conflicts and Their Resolutions

Conflict 1: “Everyone else has brown windows, I want white ones”

Arguments for:

• White windows reflect heat (savings on air conditioning)
• Increase in apartment value
• Willingness to pay for painting all the windows in the building

Compromise: Agree to gradually transition the entire building to white windows, starting with your own at your own expense.

Conflict 2: “Roller shutters ruin the facade”

Arguments for:

• Security (especially on the first floor)
• Energy efficiency (savings up to 30%)
• Noise reduction

Compromise: Integrated roller shutters (cajón integrado) or roller shutters that match the facade.

Conflict 3: “Your mirrored glass is dazzling”

This is a real problem. Solutions:

• Replace with selective (not mirrored) blinds
• Install external blinds
• Compensate neighbors for installing curtains

Conflict 4: “The air conditioner is dripping onto the lower balcony”

Responsibilities:

• Install a drainage pipe
• Move the air conditioner
• As a last resort, remove it

Legal Aspects - Rights and Responsibilities

Your Rights as an Owner:

• Maintain windows in proper condition
• Improve energy efficiency
• Ensure home safety
• Demand equal application of rules to everyone

Your Responsibilities:

• Maintain the aesthetic integrity of the façade
• Do not disturb neighbors
• Coordinate external changes
• Bear the costs of your changes

Community Rights:

• Demand compliance with the bylaws
• Establish aesthetic standards
• Demand the elimination of violations
• Impose fines for violations

Restrictions on Community Rights:

• May not Prohibit necessary repairs
• Cannot discriminate against individual owners
• Cannot demand economically unreasonable solutions
• Cannot conflict with energy efficiency laws

Financial aspects - who pays for what

Owner pays:

• 100% of the cost of their windows
• Design, if required
• Permits and licenses
• Damage caused by the work

Community pays:

• Repair of windows damaged due to the community’s fault
• Replacement of windows during major facade repairs (if a decision is made)
• Correction of construction defects

Controversial situations:

• Replacement of windows during facade repairs: If the community is painting the facade and requires replacement of windows for consistency, it must share the costs
• Leaks through windows: if the cause is in the facade, the community pays; if it is in the window, the owner pays

Using the community fund: For energy-efficient windows, you can offer:

• Interest-free loan from the community
• Partial financing (if the building value increases)
• Group Discounted purchases

Group purchasing – savings for everyone

Organizing a group window replacement can provide a 20-30% discount and simplify approvals.

How ​​to organize:

1. Survey interested parties (minimum 5-10 apartments)
2. Select a coordinator
3. Prepare a unified technical specification
4. Receive proposals from 3-5 companies
5. Presentation at the junta
6. Sign individual contracts

Advantages:

• Volume discount
• Uniform window style
• Single approval process
• Overall quality control
• Strong negotiating position

Pitfalls:

• Different financial capabilities
• Different priorities (some need quiet, others warmth)
• Risk of delays due to one participant
• Warranty complications

Features of different types of houses

New buildings (less than 10 years old):

• Often a developer’s warranty applies
• Strict rules from the promoter
• Window replacement may void the warranty
• Usually energy-efficient windows

Houses from the 1960s-1980s Years:

• Mass development, standard windows
• Often aluminum without thermal breaks
• Communities are open to improvements
• Renovation subsidies available

Buildings with VPO (social housing):

• Additional restrictions from the administration
• Alterations may require approval from the housing department
• Subsidies are often higher
• Group projects are encouraged

Luxury complexes:

• Strict aesthetic control
• Often have a technical department
• Requirements for contractors (insurance, experience)
• Only certain brands are available

Working with the Administrator and President

The Administrator is your guide:

• Can suggest precedents
• Understands the sentiments of the owners
• Helps you fill out your application correctly
• Can lobby for your issue

How to win over the administrator:

• Prepare all the documentation
• Don’t create extra work
• Offer a solution, not a problem
• Respect their time

The President is a key figure:

• Their opinion is often decisive
• Can include an issue on the agenda
• Influences the course of the discussion

How to gain the President’s support:

• Discuss the issue before the meeting
• Show the benefits to the community
• Offer assistance in organizing
• Avoid creating conflict

Electronic Voting and COVID Changes

The pandemic has changed decision-making procedures.

Online meetings are now legal:

• Majority agreement on the format is required
• The technical platform must ensure identification
• Voting must be transparent
• Meeting recording is mandatory

Absentee voting on windows:

• The administrator sends out a proposal
• Response period is at least 10 days
• Silence does not mean consent
• Results are published to everyone

Simplified procedures for energy efficiency:

• No physical meeting required
• A written survey is sufficient
• Reduced notice periods

Practical Cases and Solutions

Case 1: Community in Madrid, 40 Apartments Situation: 5 owners want roller shutters, the community is against them. Solution: Built-in roller shutters with an internal box were installed, and only guides matching the exterior color of the façade were installed. Result: The compromise satisfied everyone, and 10 more apartments followed suit.

Case 2: Barcelona, ​​Modernist Quarter Situation: Wooden windows are prohibited from being replaced, but they have rotted. Solution: A collective restoration project with a 40% subsidy. Result: All windows restored, reducing the cost per window by 60%.

Case 3: Valencia, Seaside House Situation: Salt air destroyed aluminum frames. Solution: Group replacement with marine-certified PVC. Result: 25% discount, single contractor, 15-year warranty.

Fines and consequences for violations

Community fines:

• Warning (apercibimiento)
• Monetary fine (up to 3x the monthly quota)
• Obligation to correct the violation
• Legal action in case of non-compliance

Fine imposition procedure:

1. Recording of the violation (report, photo)
2. Notification to the violator
3. Time for explanation (15 days)
4. Decision of the junta on the fine
5. Possibility of appeal in court

Court practice: Courts generally support communities in matters of:

• Uniformity of façade
• Removal of illegal elements
• Compliance with the bylaws

However, they protect owners in cases of:

• Discrimination
• Unjustified prohibitions
• Obstruction of necessary repairs

Owner’s checklist

Before starting a project: ☐ Explore Community charter and rules ☐ Check precedents in the building ☐ Photograph similar solutions in the building ☐ Obtain 2-3 proposals from contractors ☐ Prepare a technical justification ☐ Talk to neighbors informally

In preparation for the meeting: ☐ Submit an application to the administrator one month in advance ☐ Prepare a presentation (5-7 slides) ☐ Obtain the support of 2-3 neighbors ☐ Prepare responses to objections ☐ Suggest alternatives

After approval: ☐ Obtain an extract from the meeting minutes ☐ Notify the administrator of the start of work ☐ Agree on a schedule with neighbors ☐ Obtain insurance for the duration of the work ☐ Document the work process

The Future of Regulation

Trends 2024-2025: - Simplifying procedures for energy efficiency

• Prioritizing environmental friendliness Above aesthetics
• More rights for owners regarding improvements
• Mandatory energy certification of buildings

Expected changes to the law:

• Energy-efficient improvements subject to approval by one-third of owners
• Mandatory energy audits for buildings over 30 years old
• Subsidies for communities, not individual owners
• Prohibition on obstructing energy improvements

Living in an apartment building is always a balance between personal needs and the interests of the community. When replacing windows, it’s important to remember: a formally correct decision can ruin good neighborly relations, and constructive dialogue often solves more than bylaws. Invest time in communicating with your neighbors—it will pay off in peace of mind for years to come.