Horizontal Property

The Supreme Court (TS) has settled a very common issue in residential communities regarding theinstallation of a charging point for an electric car in the garagewithout requesting permission. It all started when a neighbornotified that they were going to install a charging point in their parking space, submitting all thenecessary technical documentation and complying with the current regulations. Theadministrator of the property objected, stating thatnothing from the common areas could be used for this type of private installations without the authorization of all neighbors. Thepresident of the community also insisted that it was necessary to wait and address the issue in a general meeting.

Despite these objections, the neighborinstalled the charging point in their parking space. So, some time later, the community voted in a meeting on therequirement for removal the installation, and if not done, authorized the president to takelegal measures. The affected neighbor appealed this decision, arguing that the law (LPH art. 17, 5) only requiresprior notification to the community and that it is logical for the installation to pass through some common area to carry electricity, but that cannot be a hindrance.

The case went to court and, after an initial ruling against the neighbor, the Provincial Court ruled in their favor. Now, the Supreme Court has ruled that, as long as the charging point isinstalled in an individual parking space, it only needs to be notified to the community beforehand.No permission is required nor agreement, even if the wiring must pass through common elements such as garage ceilings or walls, unless it causes unjustified harm to other neighbors.