What began as a home cultivation initiative ended up turning into a legal conflict with direct consequences for the owner. A neighbor was forced to remove an urban vegetable garden installed on his private terrace, after the Spanish court considered that the activity was causing serious damage to the building and putting the safety of common areas at risk.
According to Noticias Trabajo, a Spanish website specializing in legal and labor matters, the decision was confirmed by the Audiencia Provincial de León, which ruled in favor of the community of owners and maintained the order to dismantle the tomato cultivation, remove the accumulated land and remove materials stored in the space. The publication states that, although the owner has exclusive use of the terrace, this right does not allow him to carry out activities that harm the building or the other condominium owners.
According to the same publication, the situation arose from the installation of an urban vegetable garden in a patio/terrace for private use, located over the building’s garages. The owner had placed soil directly on the floor and used Styrofoam boxes to grow tomatoes, with the drain in poor condition and blocked by rubbish and construction materials.
The constant watering, associated with the obstruction of the drain, caused persistent leaks in the roof of the car park located below. Over time, these infiltrations worsened, causing detachments in the slab and the fall of vaults onto vehicles parked there, creating a situation considered dangerous.
Faced with the damage, the community went to court, arguing that the use given to the space exceeded legal limits and jeopardized the conservation of the property.
Court considers harmful and prohibited activity
According to the same source, the Juzgado de Primera Instancia no. 1 of León concluded that, as there were direct losses to the common parties, there was no alternative but to order the end of the activity. This position was later confirmed on appeal by the León Provincial Audience.
The same source states that the court considered that the right to private use does not authorize practices contrary to the Spanish Horizontal Property Law (Ley 49/1960, of 21 July). Specifically, according to the publication, the urban garden was classified as a prohibited and harmful activity in light of article 7, no. 2, as it generates constant humidity and adds weight that the building structure would not be prepared to support.
Lack of maintenance aggravated the owner’s responsibility
In addition to the activity itself, the court will have valued the failure to comply with the maintenance duty. According to the publication, it was proven that the owner did not ensure the cleaning of the drainage system, allowing water to accumulate and infiltrate common elements. The publication points out, at this point, article 9, no. 1, subparagraph b), of the Horizontal Property Law, which imposes on owners the duty to maintain the private parts in good condition, without harm to the community.
Condominium bylaws were also violated
The sentence also took into account the internal statutes of the condominium. According to Noticias Trabajo, the court found Article 8 of these statutes violated, which expressly prohibited the occupation of common elements with installations, objects or materials. Although the terrace was for exclusive use, the publication emphasizes that it functioned as a cover for the garages, and was therefore treated as an essential element of the building.
The use of the space as a cultivation and material storage area was understood as a violation of the internal rules that bind all condominium owners.
Mandatory withdrawal and possibility of appeal
Given the set of infractions found, the court determined, as explained by , that the owner must remove the plants, accumulated soil and any materials placed there, leaving common infrastructure, such as gas pipes, unimpeded.
The publication adds that the decision was not yet final, as an appeal could be made.
The case serves as a warning for owners who intend to adapt balconies, terraces or patios to new uses. Even in spaces for exclusive use, the law imposes limits when security, conservation of the building and the rights of other condominium owners are at stake.
And in Portugal?
In Portugal, a situation of this kind falls mainly within the horizontal property regime provided for in the Civil Code. First of all, article 1421 considers the roof and roof terraces common, even if intended for the use of a fraction, and article 1422 prohibits a condominium owner, by action or lack of repair, from harming the security, architectural line or aesthetic arrangement of the building, as well as acts or activities prohibited in the constitutive title or by deliberation of the assembly.
In practice, if the installation of a vegetable garden causes infiltration, overloads, structural risks or damage to common areas, the administration or assembly may demand the cessation of the activity and compensation for the damage, resorting to the courts when necessary.
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