Extinction of horizontal property by building ruin

The TS confirms the extinction of the horizontal property regime of the building due to economic ruin. It is considered that the amount of repair works greatly exceed fifty percent of the value of the building.

The plaintiffs, proprietors of apartments in a horizontal property building, argued that, given the dilapidated state of the building, the reconstruction works exceeded 50% of their real value, so it was appropriate to declare the horizontal property regime extinction building and its replacement by an ordinary co-ownership. His claim was accepted in both instances.

The Chamber dismisses the appeal filed by the defendants, because it understands that in the regime of horizontal property co-owners are required to contribute to the necessary expenses for the proper maintenance and compliance with the duty of conservation of the property. The comparison of the assumption in which the necessary works exceed 50% of the value of the building to the destruction of it, allows the co-owners to end the horizontal property regime and thus avoid the obligation to assume the reconstruction costs. Any of the owners can refuse reconstruction and make cease the special regime of horizontal property.

What is relevant for the application of the precept is the relative cost of the works and the building, regardless of the causes or motives that have motivated the need for the works. The production of an event of force majeure is not required.

To fix the cost limit of the reconstruction, the value of the land must not be included to calculate the value of the building, because it is a question of pondering what the reconstruction cost economically, independently of the fact that, depending on its location, the soil has more or less value. The correct thing is to attend to the current value of the construction.

The regulations on cultural heritage should not be taken into account for the calculation of the real value of the building for the purposes of art. 23 LPH, regardless of whoever owns the building, is bound by the duties imposed by law on the owner of a building that is part of the cultural heritage.

STS Room 1 of April 24, 2019. EDJ 2019/563440