Keeping a car and a motorbike in the same garage space is legal in Spain as long as both vehicles fit within the painted lines and don't get in the way of anyone else's manoeuvres. The community of owners can only impose a general ban if the building's statutes provide for it, although the garage licence or the insurance policy can also set limits. If none of those apply, the decision is yours.
On the Costa del Sol motorbikes are ridden almost all year round and parking on the street in summer is hard work, so many owners end up leaving theirs next to the car. Here is what the law says, what the courts have decided (including a recent ruling in Málaga) and what to check before buying a home with a garage space.
What does the Horizontal Property Act say about two vehicles in one space?
Nothing specific. Law 49/1960 on Horizontal Property (LPH) does not say how many vehicles a garage space may hold. What it does set are the general limits on how any privately owned unit can be used: article 7.2 bans activities prohibited by the statutes, activities that damage the building and those that are a nuisance, unhealthy, harmful, dangerous or unlawful.
The Civil Code fills that gap: its article 348 defines ownership as the right to enjoy and dispose of something with no limits other than those set by law. So if your space is big enough, using it for a car and a motorbike is not a prohibited activity in itself.
What have the courts decided?
Spain's provincial courts have followed the same line. In a judgment of 24 June 2002, the Provincial Court of Zaragoza held that banning two vehicles from a space with enough room was an unjustified restriction on ownership. On 28 July 2003, the Provincial Court of Almería added that parking two vehicles in one space is not, in itself, a nuisance or a prohibited activity.
The decisive nuance comes from Málaga. In judgment 314/2025 of 15 April, the Provincial Court upheld the ruling against an owner who parked up to three vehicles, a motorbike among them, encroaching on the shared driveway and hampering the manoeuvres of the owner of the adjoining space, who was the one who took her to court. She argued that her space was 1.32 m² smaller than its registered size; the court replied that this gave her no right to occupy common areas and ordered her to park within her lines.
The practical takeaway is simple: what matters is not how many vehicles you own but where they end. Whatever stays within your lines is your space; whatever sticks out belongs to everyone.
When can the community ban parking a car and a motorbike in the same space?
Three situations change the answer, and it is worth telling them apart because not all of them depend on a vote:
- When the statutes say so. The building's founding deed and its statutes can regulate how each part of the building is used (article 5 LPH), including a one-vehicle-per-space rule. If that restriction was validly approved, it binds every owner, and future buyers too if it is recorded in the Land Registry.
- When the licence or local regulations limit it. A garage licence is granted for a set number of spaces, and ventilation, smoke extraction and fire protection are designed around that capacity; some municipal bylaws also set limits. Here it makes no difference how the neighbours vote.
- When the use harms others. Even if the statutes are silent, if the motorbike or the car sticks out of the space, makes manoeuvring difficult or blocks the way, the community or the affected neighbour can demand that it stops.
Insurance plays a more indirect role. Some garage policies are taken out for a set number of vehicles; exceeding it does not justify a ban on its own, but it can complicate cover after a fire, so it is worth asking the property manager to check.
Is a vote at the owners' meeting enough to ban it?
This is where most of the confusion lies. The owners' meeting can approve internal rules by simple majority (articles 6 and 17.7 LPH), but they exist to organise day-to-day living and the common areas: traffic inside the garage or what cannot be left in the aisles. They cannot restrict the use of your space beyond the law and the statutes, and courts have struck down internal rules that tried to.
A general ban on two vehicles per space affects the use of privately owned units, so its natural home is the statutes, and amending them requires unanimity (article 17.6 LPH). One important detail: owners who did not attend and, once notified of the decision, do not object within 30 calendar days are counted as voting in favour (article 17.8 LPH). If you missed the meeting, read the minutes as soon as they arrive.
If you voted against or were absent and the meeting approves a decision you believe breaches the law or the statutes, you have one year to challenge it in court; for any other decision the deadline is three months (article 18 LPH). To do so you must be up to date with your community fees or pay the outstanding amount into court.
What can the community do if a neighbour ignores the rules?
Article 7.2 LPH sets out the route: the president formally requires the offender to stop and, if the behaviour continues, the owners' meeting can authorise a court action for cessation. The judge can order it to end, award damages and, in serious cases, deprive the offender of the use of their property for up to three years. As the Málaga ruling shows, the affected owner can also go to court on their own.
Can you park a car and a motorbike in one space? Situation by situation
| Situation | Can the community stop it? | What to check |
|---|---|---|
| Both vehicles fit in the space and the statutes are silent | No, it cannot | The actual size of the space |
| The statutes limit each space to one vehicle | Yes, it can | Statutes and Land Registry extract |
| The owners' meeting bans it by simple majority in the internal rules | Doubtful: the decision can be challenged | Meeting minutes and the article 18 LPH deadlines |
| A vehicle sticks out into the shared driveway | Yes, it can | The painted lines of the space |
| The licence or a municipal bylaw limits vehicles | Yes, it can | The garage licence at the town hall |
| The garage insurance sets a number of vehicles | Not on its own, but it affects cover | Terms of the community insurance |
What should you check before buying a home with a garage space on the Costa del Sol?
If you are buying in Málaga, Marbella or Estepona and ride a motorbike every day, settle this question before you sign, not afterwards. These documents answer it:
- Land Registry extract for the space. It shows whether the space is a separate property, an annex to the home or an undivided share of the garage with the right to use a specific space; in the latter case the garage may also have its own rules.
- Community statutes. Look for any rule on how spaces are used, how many vehicles are allowed or which types of vehicle are permitted.
- Internal rules and recent minutes. They will tell you whether the owners have already discussed the issue or whether there are ongoing disputes in the garage.
- The actual size of the space. Compare the area stated in the title deed with the area marked out by the painted lines: the Málaga case arose from exactly that discrepancy.
- Garage licence and insurance policy. The property manager can confirm whether there is a vehicle limit.
- Motorbike spaces. Ask whether the garage has dedicated motorbike spaces or whether one is for sale or rent: it is usually the cleanest solution.
With new builds the key moment comes earlier. The developer drafts the statutes when the building is formally divided into units and, once they are registered, changing them requires unanimity. If how you use the garage matters to you, ask for the draft statutes before signing the purchase contract.
Conclusion
Parking a car and a motorbike together is not illegal, but it is not an unlimited right either. As long as everything stays within your lines and neither the statutes, the licence nor the insurance say otherwise, the community cannot stop you with a simple vote; once a vehicle spills into the shared driveway, things change. At EVS PROPERTY GROUP we review the statutes, the Land Registry extract and the garage conditions before you sign: if you are looking for a home with a parking space on the Costa del Sol, tell us what you need and we will help you find it.
Frequently asked questions
Can I park my motorbike in front of my car in my garage space?
Yes, as long as the motorbike stays within the lines of your space, does not spill into the shared driveway and the statutes do not forbid it. If it sticks out or hampers other neighbours' manoeuvres, the community or the affected neighbour can require you to move it.
What majority is needed to ban two vehicles per space?
If the ban is written into the statutes, unanimity is required, although absent owners who do not object within 30 calendar days count as votes in favour. Internal rules are approved by simple majority, but they cannot restrict the use of a privately owned space beyond what the law and the statutes allow.
Can I install a charger for my electric car or motorbike in my space?
Yes. If the space is an individual one, the law only requires you to notify the community beforehand, with no vote needed (article 17.5 LPH). You pay for the installation and for the electricity you use.
How do I find out whether my community's statutes limit vehicles per space?
Ask the property manager or the community president for a copy; if they are registered, they are also on file at the Land Registry. If you are buying, request them before signing, together with the Land Registry extract for the space and the minutes of recent meetings.
