The only parts of the car that can protrude from a parking space

The size of cars has experienced notable growth in recent years.

Oliver Thansan
Oliver Thansan
23 April 2024 Tuesday 18:23
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The only parts of the car that can protrude from a parking space

The size of cars has experienced notable growth in recent years. Technological advances and changes in consumer preferences have led to a transformation in vehicle design and features, resulting in larger, more spacious models. Without going any further, the Volkswagen Golf, one of the most iconic compact cars of the last 50 years, is now 40% larger than when it was released in 1974.

This reality contrasts with the situation of parking spaces, whose size has not increased in the same proportion as cars. This mismatch between the growth of vehicles and the size of parking spaces creates a problematic scenario in urban environments, especially in community parking lots, where it is common to see how some vehicles protrude the lines that limit their parking space.

The Horizontal Property Law establishes that in every community of neighbors, both the common areas, shared by all residents, and those for private use, intended for the exclusive enjoyment of each owner, must be respected and adequately maintained. Within the latter are the parking spaces, duly delimited by lines marked on the ground.

The owner of a parking space can use said space as he sees fit without altering the use of the common elements, since his right to property ends where his own surface ends. This is reflected in article 3 a) of the Horizontal Property Law. In other words, each car must remain in its parking space, since, otherwise, it would be invading common areas and preventing the rest of the neighbors from using them.

The regulations establish that the dividing line between squares cannot be invaded either except to open the doors. Only the moving parts of the vehicle can protrude from the seat. That is, the mirrors and doors, which can protrude from the space defined to enter or exit the vehicle.

Some owners take advantage of the space in their parking space to turn it into a small storage room. It is common to see how they store tool boxes, motor oil or even belongings that fit in the home in a corner of the area reserved for parking.

This practice is not legal, since parking spaces have the sole function of storing motor vehicles. However, there are jurists who do not see it that way and consider that since it is private property, the owner of the square can store whatever he wants as long as it does not invade common spaces or disturb other users, and that it is not flammable.

The Horizontal Property Law does not make an implicit reference to this circumstance. Therefore, it does not allow or prohibit parking more than one vehicle in the same parking space. If, for example, you want to park a car and a motorcycle, you will have to consult the Community Statutes to see if they say anything about it. In the event that there are no specific provisions, you can park as many vehicles as you want in your space, always respecting the space designated for your space.