Disabled (wheelchair) access to communal areas (pools)

[Anonymous]

Hello,
I am searching for information re: spanish government laws concerning disabled access to communal areas. In particular, how would this effect the purchase (signing of contract) of an off plan property with shared pool, and (so far) no communal lifts in the main residential building (3 floors)? Is this access the responsibility of the developer or the comunidad de proprietarios?
My apologies if I have asked too many questions in this my first post.
Thank you,
Carol

[mariadecastro]

Dear Carol:

I would say it is the responsability of developers (or technical direction? ( plans) , or builders? ( execution of plans) as the building has been planned and it is being built under the effect of the accesibility legal requirements:

REAL DECRETO 556/ 1989, de 9 de mayo, por el que se arbitra medidas mínimas sobre accesibilidad e los edificios. (B.O.E. º 22 de 23 de mayo de 1989). This is a legal minimum which can have been implemented by a Comunidad Autónoma regulation. SO the specific legislation for your case depends o where your building is located in Spain.

I need to say too, that those responsabilities are not easy to determine by a Lawyer. I know the Law and can check the specific details of that construction but… the final responsability is determined by a Judge or an arbitrator.

If the building is still under construction I would encourage you to write a certified letter to the developers by which you ask for the information regarding the suitable conditions of the building under the regulation I have mentioned above. Best regards,

Maria de Castro

[Anonymous]

Thank you, Maria de Castro, for your reply to my question.

[Author]

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