Regulations for parking wheel clamps. Can I install a barrier?

Respect for private property and the exclusive use of a garage space by its owners or tenants often lead to disagreements and disputes in residential communities and public parking lots where a parking space can be rented. The improper use of a parking space can cause disturbances and complaints that may lead to the decision to install a parking lock to ensure the exclusive use of the parking space.

However, there are many doubts about whether there is a clear and specific regulation for the installation of parking locks, parking barriers and other ground-anchored devices within the limits of legally accredited property, such as wheel stops.

Beyond the obvious common sense that guides those seeking to preserve their usage rights and the convenience of having their parking space without delays, calls, arguments, or confrontations with neighbors and other users who, with various excuses, improperly use it even for a short period of time. After all, the owner or tenant pays their taxes, community expenses, and usage rights in a regulated manner.

In response to these common doubts from our clients, both individuals and professionals, at Grupo Divetis, we offer a wide range of devices known by different names such as parking locks, garage parking locks, parking guards, deterrent parking locks, retractable and collapsible parking barriers, post-type garage locks or foldable bollards, automatic barriers with remote control, or garage barriers with padlocks, which comply with usage regulations.

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Installing Devices Inside a Parking Space, What Does the Regulation Say?

We have consulted some concepts regarding the regulations of parking locks installed in garage spaces, which are based on the conclusions of the Seminar on Horizontal Property - Practical Issues and Jurisprudential Updates, held in Madrid on March 23, 24, and 25, 2011, published by the ICAM – Madrid Bar Association, which specifies that a parking space is, by definition, a space intended for the parking of vehicles - with or without engines - trailers, or similar items; therefore, it is common sense that all residents using the garage area must comply with the Community of Neighbors rules and civic behavior regarding duties and rights, which is why the legitimate owner has the right to use their parking space.

However, many people are confused when it comes to distinguishing between the regulatory rules for urban modifications and installations that are not allowed in parking spaces, such as enclosures and certain types of "overhang" use between the ceiling and the vehicle, and the installation of ground-anchored devices that delimit, signal, and restrict the use of parking space, over which full usage rights are held.

According to Article 7.1 of the Horizontal Property Law, considering the owner of a parking space as the owner of a "floor or premises," they are allowed to make modifications to architectural elements, installations, or services of their property as long as it does not harm the external structure. The H.P.L. also states that the owner of a parking space, just like a homeowner, can sell, rent, or lend it, similar to how a homeowner installs access doors to prevent third-party intrusion, the owner of the parking space can prohibit its use to third parties by installing barriers, locks, chains... unless the installation prevents access to adjacent spaces or invades common maneuvering areas. This means that as an owner, you have exclusive use of your parking space within the garage, and you can install garage locks without requesting authorization or permits, as long as it is within the boundaries of your parking space (inside the lines). The parking guard barrier should never exceed the lines that define it. However, before installing the lock or barrier in your parking space, you should review the community's statutes. Make sure there are no laws or regulations prohibiting its installation.

Garage Locks, Parking Barriers

According to the sources consulted, the clearest response supporting the use of a parking space by its owner or legitimate possessor lies in the right recognized by the law to claim damages for the deprivation of the right to use, which in case of repeated non-compliance by the defendant, may constitute a crime of disobedience to the judicial authority.

All this indicates that parking locks, garage parking locks, parking guards, deterrent parking locks, retractable and collapsible parking barriers, post-type garage locks or foldable bollards, automatic barriers with remote control, or garage barriers with padlocks, installed by ground anchoring within the boundaries of the parking space, can be placed without harming the rights of other users of the area, without violating community rules (often specifically agreed upon in neighborhood meetings), safeguarding the comfort and availability of those authorized for its use.

If you have neighbors who take advantage of your property, your parking space, unattended and easily accessible in a communal parking lot? Every day we hear from people tired of dealing with this problem, which sometimes leads to serious disputes. Since it is private property, the police cannot initiate any procedures to remove the vehicle. The solution is to report it by having a notary present at the location, which is an expensive and complicated solution. Installing a deterrent element in your parking space, such as a parking barrier like the APCA14 (robust and resistant parking guard), can help solve this problem. It is an economical way to protect against abusive invasions of your parking space. There are many models that cater to different tastes, needs, and budgets. For those looking for a more robust, wide, better-anchored to the ground, and aesthetically pleasing product, we recommend the parking barrier with 3 anchoring bases.