The Rules of the Community
In Spain, every comunidad de propietarios is governed by three distinct sets of rules. These are the Horizontal Law (Ley de Propiedad Horizontal), the Statutes (Estatutos), and the Internal Rules (Normas de Régimen Interno). They work together to regulate life in the community, but they are not equal in importance. Spanish law establishes a clear hierarchy among them, which determines which rule prevails in case of a conflict.
Below is an explanation of what each document contains and the legal priority they hold over one another.
1. The Horizontal Law (Ley de Propiedad Horizontal or LPH)
- What it is: This is the national Spanish law (Law 49/1960) that applies to every community of property owners. It sets out the basic legal framework, including the rights and obligations of owners, how to hold meetings and take valid votes, how to divide common expenses, and what majority is required for different types of decisions.
- Priority: Highest. The Horizontal Law is mandatory. No other rule in your community—whether in the Statutes or the Internal Rules—can contradict it. Any rule that tries to override the LPH is automatically void.
Ley 49/1960, de 21 de julio – en Español
Ley 49/1960, de 21 de julio – ENGLISH TRANSLATION
2. The Statutes (Estatutos)
- What it is: The Statutes are the specific rules created when your urbanization was first established. They are registered at the official Property Registry and typically cover fundamental matters such as:
- Each owner’s ownership percentage (cuota de participación).
- How extraordinary or special expenses are distributed.
- Permitted uses of private units (e.g., whether they can be used commercially).
- Specific restrictions on alterations to properties.
- Priority: Medium. The Statutes must comply fully with the Horizontal Law, but they come before the Internal Rules. In other words, if the Internal Rules contradict the Statutes, the Statutes win.
Estatutos en Español
Statutes In English
3. The Internal Rules (Normas de Régimen Interno)
- What it is: These are the «house rules» focused on daily coexistence and good neighborliness. They are not registered at the Property Registry and are easier to change. Typical content includes:
- Quiet hours and noise restrictions.
- Schedules and rules for using the pool, garden, or sports courts.
- Pet policies and rules for garbage disposal.
- Dress codes in common areas.
- Priority: Lowest. The Internal Rules cannot contradict either the Horizontal Law or the Statutes. They only regulate everyday behavior and are valid only as long as they respect the two higher-ranking documents.
Normas de Régimen en Español AND English
The Legal Hierarchy (Priority Order)
When there is a conflict between these rules, the following order applies:
- Horizontal Law (LPH) → Always takes precedence.
- Statutes (Estatutos) → Valid as long as they do not contradict the LPH.
- Internal Rules (Normas de Régimen Interno) → Valid only if they respect both the LPH and the Statutes.
For example, if your Internal Rules state that owners can build a small balcony without permission, but the Statutes prohibit any structural alteration to private units, the Statutes prevail and the Internal Rule is unenforceable.
Key Practical Differences Between Statutes and Internal Rules
| Feature | Statutes (Estatutos) | Internal Rules (Normas Internas) |
|---|---|---|
| Content | Legal structure, ownership rights, expense distribution, use of private units | Daily coexistence, use of pool/garden, courtesy rules, noise, pets |
| How to change | Unanimity (100% of owners) usually required | Simple majority of owners at a meeting |
| Where registered | Property Registry | No registry required; kept in community records |
Why This Matters to You
Because changing the Statutes is very difficult (it normally requires unanimous agreement), most communities manage everyday issues through the Internal Rules, which can be updated more easily with a simple majority. If you have a dispute over pool hours or pet rules, you should check the Normas de Régimen Interno. If the issue relates to ownership percentages, expense distribution, or structural changes, you will need to consult the Estatutos. And in all cases, the Horizontal Law acts as the final safeguard: nothing can override it.