Claiming access to parking spaces

The Ley 38/1999 de Ordenación de la Edificación, in its article 3 establishes that buildings must be constructed in such a way that the disposition and dimension of the spaces, facilitate the adequate realisation of the functions foreseen in the building; And this layout and size of the spaces obviously includes the parking spaces whose function is to adequately house the vehicles; So if you have any problems with your garages, please contact us to see if you can make a claim;

There will be a clear breach of the functionality requirements of article 3.1.a) of the LOE, given that the layout of the dimensions and spaces must facilitate the use of the functions foreseen in the building, allowing the square to fulfil the function for which it was acquired; As well as the habitability requirements provided for in point 3.1.c.4) and other functional aspects of the constructive elements or installations allowing a satisfactory use of the building;

Illegal garage access ramps

Access ramps to garages must be of a minimum size, facilitating their use and easy access; Depending on the size of the basement floors intended for garages, they must meet different requirements; If they are larger than 2,000 m2 they are required to have two lanes – they shall have entry and exit directions – with a minimum width in each lane of 3 metres;

The entrance of vehicles in a garage of a community of owners, in which car traffic is constant, must be wide, very easy to access, not having to make any kind of manoeuvre in reverse;

The case law of the Supreme Court is well known, which states that the deficient dimensions and inadequate access to parking spaces are due to an unfeasible design or planning and prevent the construction from achieving its intended purpose, as they entail a lack of safety and efficiency in their “normal” or reasonable use, which is seriously hindered

If you have doubts about the legality of the access ramp to the garage of your building, consult us and an expert can evaluate it to see if it complies or not;

Illegal garage bending radius

Another common problem in garages is often that the radius of curvature in the driveway is too large; Very sharp bends in an underground car park cannot be tolerated because it makes vehicle access very difficult;

The radius of curvature must be greater than 6 metres; That is to say, at garage entrances, the curved sections must have been designed flat from their epicentre with a “compass” so that they are at least 6 metres in radius, and are not too sharp; It is best to have a specialist architect carry out a survey report to check the suitability and curvature of the garages to see if they are compliant or not;

The proposed solution may vary from case to case; Sometimes the technical solution is simple: just “limit” some columns, or make a readjustment in the distribution of seats to comply with legal requirements. But at others, the solution becomes more complicated; Either because it is necessary to remove a column, for which the building structure has to be shored up, and the load distribution of the different floors has to be recalculated; This solution is usually costly, but feasible; Or because, directly, the technical solution is unenforceable, since it is no longer possible to redo or modify the access ramp to bring it into line with the legal provision; In the latter case, the only possible solution is to compensate each owner for the serious breach with which he has been sold his parking space;

Very steep slope;

Some garage entrance slopes are too steep, even causing the underside of the car to rub against the ground, or even a wheel to lose traction at some point; Normally according to town planning regulations (although it depends on where the property is located) the maximum slope should be 18% on a straight section, and 12% on a curve; In order to prevent the ramp from being too steep, appropriate slopes or plateaus should be designed to avoid too long a slope;

Some garage entrance slopes are too steep, even causing the underside of the car to rub against the ground, or even a wheel to lose traction at some point; Normally according to town planning regulations (although it depends on where the property is located) the maximum slope should be 18% on a straight section, and 12% on a curve; In order to prevent the ramp from being too steep, appropriate slopes or plateaus should be designed to avoid too long a slope;

Scratches on cars due to pillars

A very clear symptom of the illegality of parking spaces is the constant rubbing of vehicles against pillars and fixed elements; This is not a driving problem or a neighbour’s absent-mindedness, but repeated damage to cars caused by daily parking in their parking spaces;

Even making some owners give up and no longer park in their own garage; To check if you can claim for difficulty in manoeuvring your seats, please contact us;