We have bought a Spanish apartment and the balcony is in need of repair. We have been told that according to Spanish law, balconies and terraces are communal elements and so the Community of owners should pay for their repair. Is that the case or do we have to pay ourselves?
Balconies or terraces have a communal element unless stated otherwise in the community regulations. Therefore repairs need to be organised by the Community of property owners if damage has occurred on any external part of them. Most communities wait until the majority of balconies need work on them and then hire someone to repair or repaint all of them in one go.
However, You need to remember that terraces and balconies serve both as part of an individual flat and part of the facade of the building. The interior area of a balcony, where you may have a table and chairs, counts as the individual private space of each property owner, whereas the external elements, eg. railings, form part of the building’s facade which is a communal element.