The Spanish court ordered a condominium to pay 7,514 euros to an owner after he suffered infiltration in his commercial establishment, caused by unauthorized work carried out by another neighbor in a courtyard for private use.
According to Noticias Trabajo, a Spanish website specializing in labor and legal matters, the condominium was aware of the changes made to that space, but never intervened to correct them: an omission that the court considered decisive for civil liability.
The case dates back to 2020, when the owner, who owns several commercial spaces in the building, alerted the administration to the existence of a platform built over one of the light patios.
Although the courtyard was for exclusive use, it was a common element, which required prior authorization from the community. Infiltration occurred on at least two occasions, in 2018 and 2020, and directly affected the roof of his establishment.
Navarra Court revokes initial decision
According to , the case was initially decided by the Juzgado de Primera Instancia no. 3 of Tudela, which acquitted the community, understanding that the damages were only attributable to the neighbor who had altered the patio. However, the owner appealed, and the Navarra Provincial Hearing Office revoked the sentence, concluding that the community had acted “negligently and passively”.
The decision was based on art.
The condominium’s lack of action after the first accident aggravated its responsibility: it was alerted in 2020 that the damage persisted and, even so, it did nothing. The sentence was handed down on October 10, 2025 and was not final, with an appeal for cassation being permitted (under the applicable legal terms).
What does Portuguese law say about similar cases?
In Portugal, situations of this type may also involve condominium liability. Article 1421 of the Civil Code includes patios and terraces between common parts; Article 1422 prohibits structural changes without authorization from the assembly.
Article 1424 requires all condominium owners to contribute to conservation; and article 1436 defines the administrator’s obligations, including promoting the necessary works and enforcing the law/statutes.
Thus, if unauthorized work in a space for exclusive use causes infiltration or damage to another apartment or store, the community may be held responsible for not having prevented or repaired the situation, especially if it was informed and did not act.
Condominiums must act in the face of irregular works
The Spanish ruling leaves a clear warning to condominium administrations: ignoring illegal works or unauthorized changes can be expensive. Even when a space is for exclusive use, it remains subject to the rules of horizontal property and the duty of conservation.
For the affected owner, the court recognized the damage and determined compensation; for communities, there is a reminder that omission also generates responsibility.
Also read:
