No, you cannot simply turn your parking space into a storage room: Spain's Horizontal Property Law gives some clues, but the real answer lies in your community's bylaws (estatutos). If they state the space is for parking, it cannot be used for anything else; if they say nothing, it depends on whether the use causes a nuisance or risk to your neighbours.
What the Horizontal Property Law says
Article 7.2 of the Horizontal Property Law (Ley de Propiedad Horizontal, LPH) is the starting point. It states that neither the owner nor the occupant of a home or premises may carry out activities there, or elsewhere in the building, that are prohibited by the bylaws, that damage the property, or that breach rules on nuisance, unhealthy, harmful, dangerous or unlawful activities. In practice, this clearly covers things like noise, smells and fumes, but leaves uses such as storing boxes or furniture in a parking space in a grey area: not expressly banned by law, but potentially at odds with each community's own internal rules.
The key lies in your community's bylaws
According to property managers quoted by specialist outlets, "the key to all this lies in the bylaws." If they describe the space as a "parking space," it should not be used for anything other than parking a vehicle. If the bylaws say nothing on the matter, the owner has some room in their favour: in that case, it is up to the community to prove in court that the use is a nuisance, unhealthy or dangerous, a much harder case to make than simply pointing to the bylaws.
Two rulings that show where the line is drawn
Spain's Supreme Court has already ruled on the reverse scenario: a neighbour who knocked down the wall between his storage room and his parking space to create one larger space for two cars. After three rulings and 17 years of litigation, the court concluded that the work altered the building's structure and amounted to an unauthorised use, even though fitting two cars into one space without touching the structure is allowed in many communities. In the opposite direction, the Provincial Court of Guipúzcoa sided with neighbours who had turned their parking spaces into storage rooms, finding no proof that the use caused harm to the community. Both rulings point to the same conclusion: there is no single answer, each case is judged on its own bylaws and circumstances.
Here is what usually makes the difference between a tolerated use and a sanctionable one:
| Situation | What the rules say |
|---|---|
| Bylaws define the space as a parking space | Only parking is allowed; any other use breaches the bylaws |
| Bylaws say nothing about the use | The community must prove the use is a nuisance, unhealthy or dangerous |
| Storing non-flammable items without blocking access | More likely to be tolerated, unless expressly banned |
| Structural work (knocking down walls, enlarging the space) | Prohibited, as confirmed by the Supreme Court |
What buyers on the Costa del Sol should check before signing
For anyone buying a home with a parking space in Marbella, Málaga city or elsewhere on the Costa del Sol, this has a very practical takeaway: before signing, ask for the community's bylaws and check how they describe the space, rather than relying only on the title deed or what the seller says. If you plan to use the space to store bikes, surfboards or suitcases alongside the car, it's best to confirm it in writing with the property manager or check the meeting minutes for past complaints about similar uses.
Conclusion
At EVS Property we review a community's documentation (bylaws, minutes and internal rules) as part of the due diligence on any purchase on the Costa del Sol, so you know exactly what you can do with your parking space from day one. If you're considering buying a home with a garage space in the area, we can help you check it before you sign.
Frequently asked questions
Can I store bikes or suitcases in my parking space?
If the bylaws only allow parking, you shouldn't do it without the community's authorisation. If they say nothing, it's more likely to be tolerated as long as it doesn't block access or pose a risk, but it's worth confirming with the property manager.
What does the Horizontal Property Law say about using a parking space?
Article 7.2 of the LPH prohibits activities that damage the property or breach rules on nuisance, unhealthy, harmful or dangerous activities, but it does not expressly mention using the space as storage: the specific rule is usually found in each community's bylaws.
What happens if my community's bylaws say nothing about using the space?
Then the community has to prove in court that the use is a nuisance, unhealthy or dangerous in order to stop it, which is harder to prove than if the bylaws already banned it outright.
Can the community take legal action against me for using my space as storage?
Yes. If the bylaws prohibit any use other than parking, or if it's shown that storing items creates a risk or nuisance, the community can take legal action to make you stop.
Should I check the bylaws before buying a home with a garage on the Costa del Sol?
Yes: before signing, ask for the community's bylaws and check how they describe the parking space, and review the meeting minutes for any past conflicts over similar uses.
