The light well isn't just a space between walls; for many buildings in Spain, it's like a silent escape route that allows air to circulate, light to enter, and gases to escape without disturbing anyone. Therefore, it's not uncommon for the question to arise: can a light well be covered?
Sometimes the idea comes from wanting to protect it from the weather, other times from trying to make the most of the space, but before taking the plunge, it's important to understand that not everything is worth it. Legal and technical issues, and of course, the neighbors' decisions, come into play here.
Basic rules to keep in mind
The first thing you need to know is that the light wells don't belong to the owner of the apartment overlooking them, even if you see them every day through your window. According to the Civil Code, they are part of the building's common areas, so any changes must be approved by the other owners.
Furthermore, the Technical Building Code (CTE) imposes minimum standards that must be respected: adequate ventilation, natural light, and healthy conditions for everyone who lives there.
The (fundamental) role of the community
There's no room for shortcuts here: if you're thinking about covering a light well, the first step is to discuss it with the homeowners' association. It's not enough to just announce it in a WhatsApp group or mention it on the stairs: it must be formally approved.
The Horizontal Property Law requires that any significant change to a common space be supported by at least three-fifths of the owners and shareholders. And if the change affects the use of the space, such as converting it into a private property, then unanimity is required. Failure to do so could result in the project being taken to court or even demolished.
Licenses, permits… and paperwork
Beyond the "yes" from the neighbors, the green light from the city council is also needed. In almost all cities, covering a patio is considered a major project, which requires submitting a technical project prepared by an architect and obtaining a municipal permit.
Be careful not to skip this step: if you do the work without a permit, you could face fines, stoppage orders, or even having to tear down the entire project.
What the Technical Code says, clearly
The CTE, in its HS3 document, makes clear a point that many overlook: gases and smoke must escape through the roof, never through an enclosed patio. Therefore, if it is covered, it is necessary to ensure that the extraction from kitchens, bathrooms, and other exits continues to function properly.
Furthermore, a minimum amount of natural ventilation must be maintained, and sufficient light must enter interior spaces. Failure to do so could result in the enclosure being illegal... and also a problem for living conditions.
And what solutions exist?
Despite all this, there are legal and safe ways to cover a patio without getting into trouble. The most common option is to install a recessed skylight, which is like a lightweight covering that lets in light and air but protects from the rain.
There are also movable roof systems (sliding or folding) that, if built with a technical project and prior permission, can be a good solution. However, it is generally prohibited to enclose the patio to convert it into part of a home: this is considered appropriation of a common property.
What can happen if you do it without permission
Many people consider covering their patio "discreetly," hoping no one will notice. But the reality is different. Doing so without warning or seeking permission can end badly: with financial penalties, legal problems, and, in extreme cases, the obligation to tear everything down.
And it's not just a legal issue. If that enclosure is impairing ventilation or light for other neighbors, the situation becomes even more complicated. Because then it's not just an administrative error; it's a direct nuisance to the rest of the building.
And does it vary by city?
Yes, quite a bit. Each municipality has its own rules, although they share some key points. For example:
- In Madrid, the Urban Planning Licensing Ordinance requires a major construction permit.
- In Barcelona, the entire process is done online, and each case is studied in detail.
- In Valencia, there is also a specific ordinance with its conditions.
In general, what everyone asks for is that the enclosure not affect ventilation, light, or access to common facilities. And, of course, that it have the community's approval.
Beyond the rules: coexistence and health
We sometimes forget that these courtyards have a basic function: to allow the building to "breathe." If they are closed improperly or without considering the overall structure, problems such as dampness, odors, or poor ventilation can arise.
And this goes beyond the legal aspect. It affects the coexistence, the well-being of everyone who lives there. Is it worth the risk to gain a small space?
How to do it right from the start?
If you're considering covering a light well, it's best to take it step by step, calmly, and with advice. Here's a summary of the safest path:
- Contact an architect who will assess the technical feasibility, according to the CTE (Cultural Code of Technology) and local regulations.
- Present the idea to the neighborhood community and obtain the necessary quorum.
- Process the municipal license, with a certified project.
- Carry out the work with a company that knows what it's doing, under technical direction.
- Keep all paperwork safe in case of future inspections or questions.
At Tecnic Project, we are specialists in community renovations in Mallorca.
If you're wondering, "Can you cover a light well?", it's best not to improvise. This type of project requires planning, permits, and advice from the very beginning.
At Tecnic Project, we've been working on residential renovations in Mallorca for years, and we're fully aware of the regulations. We help you ensure that your project is not only legal, but also useful, safe, and built to last. We're with you every step of the way, from the initial consultation to the completion of the project.
Do you want to improve your building without complications? We're here to help, without beating around the bush or making empty promises.
