Shared telecom infrastructure and antennas in Spanish buildings

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1. The rule creates the legal framework for shared infrastructure that gives buildings access to telecom services, such as terrestrial and satellite TV, basic telephone and cable. It recognizes the right of co-owners and tenants to install it, connect to it or adapt existing installations.
2. It applies to buildings under horizontal property regimes, residential or not, and to buildings rented for more than one year, except those with a single dwelling.
3. For new buildings, no permit will be granted for construction or full renovation unless the project includes this shared infrastructure. Its cost must be included in the total construction cost.
4. In existing buildings, the owners' association can agree to install or adapt the infrastructure with one third of owners representing one third of the shares. If someone does not consent, the cost cannot be passed on to them, though they may join later by paying their share with legal interest.
5. Installing the infrastructure is mandatory when there are more individual or collective antennas than one third of the dwellings and premises, or when the authorities deem individual antennas dangerous or unsightly. It is not required if the building cannot support it.
6. Failure by developers or builders in new buildings is a very serious offense, with fines from 5,000,001 to 50,000,000 pesetas. Failure by co-owners or tenants to install it is a minor offense, with fines up to 5,000,000 pesetas.

Who it affects

• Developers and builders: They must include the shared infrastructure in projects for new or fully renovated buildings; otherwise they face very serious fines.
• Owners' associations: They can agree to install or adapt the infrastructure with one third of votes and shares, and must maintain it as a common element.
• Co-owners of apartments and premises: They have the right to install, use or adapt the infrastructure and can be fined if they fail to install it when required.
• Tenants: They can access the services or request the installation; if they request it, they pay the cost.
• Owners of rented buildings: They can pass the cost of the works on to tenants under the Urban Leases Law.

Words worth knowing

Propiedad horizontal (horizontal property)

A regime where each person owns their apartment or premises and shares the building's common elements with the others.

Infraestructura común (shared infrastructure)

Building installation, such as antennas and wiring, that serves all dwellings and premises for telecom services.

Cuotas de participación (participation shares)

The proportion each owner owes toward the building's common expenses.

Repercutir (pass on costs)

To charge the cost of a work or expense to someone else, for example to tenants.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries