Modification of the book V of the Civil Code

Law 5/2015, of 13 May, amending Book V of the Civil Code of Catalonia, concerning the real rights

Last day June 22, 2015 the Law 5/2015, of 13 May, amending Book V of the Civil Code of Catalonia, concerning the real rights entered into force. The main new-changes introduced regarding Law 5/2006, of May 10, Book V of the Civil Code of Catalonia, the regulations applicable on Horizontal Property in Catalonia, the following highlights:



  • derechos realesCompliance with the obligation to notify the change of ownership of proprietary element with the establishment of joint liability of the transferor for the debts accrued until the effective notification of transmission to the community is encouraged.
  • The actual condition on expands private elements. The actual elements are affected with real character and liable to pay the amounts owed by the owners, and previous owners, because of the common, ordinary and extraordinary expenses and the reserve fund, which correspond to the losing party the current year and the immediately preceding counted four years from 1 January until 31 December.
  • The purpose and application of the reserve fund expands. Will be available for unforeseen urgent, or with the authorization of the board of owners, to deal with the extraordinary works of conservation, rehabilitation, repair, installation of new common services and security as well as for those who are enforceable in accordance with special regulations.
  • The reserve fund happens to be integrative cumulative. Ie in the budget of the community, each year, shall contain an amount not less than 5% of the common expenses.
  • When an external professional, who must meet the legally required professional conditions, assume management functions also exercise, on a mandatory basis, the secretariat.
  • The joint owners must meet when deemed appropriate by the president and when requested by at least a quarter of the owners or representing a quarter of the participation fees. Before it was necessary that requested by a quarter of owners and those who represent a quarter of the participation fees.
    the obligation to make a first and a second call is deleted.
  • It provides for the possibility that sending a call to General Meeting and the record can be sent emanating email, provided that such a possibility has been forwarded by the owner to the secretariat.
  • The vote of the people to refrain shall be calculated in the same direction as that of the majority achieved.
  • The agreements contrary to law, the statutes and that may involve abuse of rights expire within 1 year. The agreements contrary to the interests of the community or are seriously detrimental to one of the owners expire within 3 months. The deadlines are counted from the notification of the act or annexed to the minutes, as appropriate.