Claim small parking space

In order to claim for a small square, the first thing to do is to verify whether or not the square does not comply with the minimum urbanistic measures, or if it is suitable for the use that has been given to it; Because a parking space is not just a parking space, but enough space to park comfortably, without the need for cumbersome back and forth manoeuvres, plus adequate access to the premises;

Thus, Law 38/1999, of 5 November 1999, on Building Regulations, as a continuation and broadly developing the guarantees covered by Article 1591 of the Civil Code, included this extension of functional ruin due to construction defects to cases of functional defects when it refers, specifically in its Article 17.1 b), to the reduced guarantee period of three years for the defects which imply a breach of the habitability and functionality requirements of the building, that is to say, which prevent a satisfactory use of its elements and installations, in such a way that they make it useless for the purpose for which it is intended;

In order to claim against those responsible, an expert report or even a professional driver repeating the manoeuvres necessary to park a normal sized vehicle in the parking space can be provided; If you want to check it out, contact us .

Dimensions of legal parking spaces

According to the courts it is not so important whether or not the car park complies with the administrative urban planning regulations of the time, as it is not a question of reviewing this legality, but, from a civil point of view, what is important is the suitability of the parking space for the purpose for which it was intended in order to determine whether the seller has satisfactorily complied with the performance to which it was obliged under the contract;

Parking spaces with illegal minimum measurements

However, the measurements vary depending on the type of square, the municipality where it is located or the age of the town planning regulations; They can vary in width from 2.20 metres to 2.50 metres and in length from 4.50 metres to 5 metres;

Also, in some regulations, there are some tolerances for fixed obstacles that may enter a square, but only allowing for example a reduction due to the existence of pillars or other obstacles of at least (10%) of the width by at least (20%) of the length of the square;

It all depends on the Plan General de Ordenación Urbana, or the applicable urban planning regulations; If the measured square is already in breach of current regulations it is an important symptom of its inadequacy, but even if it complies with the minimum urbanistic requirements it can be declared unfit for use by a court;