The First Chamber of the Supreme Court, in judgment 1745/2025, of 1 December (ROJ STS 5363/2025), has resolved a dispute between a property owner and his local community over the installation of a charging point in an individual square. The proceedings arose from a challenge to a board agreement that required the removal of the installation .
The court of first instance dismissed the owner’s claim, the Provincial Court upheld his appeal and the Supreme Court dismissed the community’s appeal, confirming the criterion favorable to the neighbor.
The key is in article 17.5 of the Horizontal Property Law , which expressly regulates this case. The installation of a charging point for private use in the building’s parking lot, if located in an individual space, “ will only require prior communication to the community ” and the cost and consumption are assumed entirely by the interested person .
According to the Supreme Court itself, this prior communication is also sufficient, even if the wiring runs totally or partially through common elements or must be subject to them, without the need for community authorization, unless there is an unnecessary or disproportionate impact on these elements or harm to other co-owners.
