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Spanish Horizontal Property Law (LPH)

The Spanish Horizontal Property Law (Ley 49/1960, of 21 July) is the statute governing buildings divided into independently usable flats or premises. It sets out the split between privately owned units and common elements, each owner's share of participation (cuota de participación), and the operation of the owners' association (junta de propietarios), including the majorities required to adopt resolutions.

The Spanish Horizontal Property Law (Ley 49/1960, of 21 July) is the statute governing buildings divided into independently usable flats or premises. It sets out the split between privately owned units and common elements, each owner's share of participation (cuota de participación), and the operation of the owners' association (junta de propietarios), including the majorities required to adopt resolutions.

In practice

The Spanish Horizontal Property Law (LPH), enacted as Ley 49/1960, of 21 July, is the legal framework for community of owners arrangements in Spain. It defines how individual ownership of each flat or premises coexists with co-ownership of the building’s common elements.

Its day-to-day application generates frequent disputes — works, levies, arrears, use of common elements, voting majorities — that require specialist legal advice. BMC advises communities of owners and individual owners on the LPH: see our Horizontal Property service.

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Frequently asked questions

Horizontal property is governed by Ley 49/1960, of 21 July, on horizontal property (Ley de Propiedad Horizontal), amended several times since. It regulates the relationship between owners of flats and premises within the same building or estate.
Private elements are the flats or premises each owner uses exclusively. Common elements (structure, façade, entrance hall, stairs, general installations) belong to all owners in proportion to their participation share and are governed by the resolutions of the owners' association.
The LPH sets different majorities depending on the matter: unanimity to amend the constitutive title or bylaws, three-fifths for certain services and installations, and a simple majority for ordinary administration. The required majority should be checked before convening the meeting.
Yes. Contributing to general expenses in proportion to the participation share is a legal obligation. Non-payment allows the community to claim the debt in court, with a preferential charge over the property.
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Frequently asked questions

Which law governs horizontal property in Spain?
Horizontal property is governed by Ley 49/1960, of 21 July, on horizontal property (Ley de Propiedad Horizontal), amended several times since. It regulates the relationship between owners of flats and premises within the same building or estate.
What is the difference between common and private elements?
Private elements are the flats or premises each owner uses exclusively. Common elements (structure, façade, entrance hall, stairs, general installations) belong to all owners in proportion to their participation share and are governed by the resolutions of the owners' association.
What majorities are needed to pass resolutions?
The LPH sets different majorities depending on the matter: unanimity to amend the constitutive title or bylaws, three-fifths for certain services and installations, and a simple majority for ordinary administration. The required majority should be checked before convening the meeting.
Is paying the community fee compulsory?
Yes. Contributing to general expenses in proportion to the participation share is a legal obligation. Non-payment allows the community to claim the debt in court, with a preferential charge over the property.