Sometimes, in claims for unusable parking spaces that cannot be repaired (because it is technically impossible to change the layout of the garage, as this would mean altering structural elements of the building or encroaching on other co-owners’ property), the affected owners must be compensated.
But how is that compensation calculated?
It must be borne in mind that the parking space will remain the property of the affected owner, in other words the owner will keep it, and although they cannot park their car in it, they may be able to park motorcycles, a particularly small car, or store bicycles, etc.
Case law has no unanimous criterion, but one of the most widely followed is the following, and it is the one our experts use:
The market value of those parking spaces is obtained by carrying out a comparative study (using various “market comparables”) of similar parking spaces in the same area, to obtain an average price for a car parking space. The market value of a motorcycle space in the same area of the same town is also obtained. The difference between the price of a car space and that of a motorcycle space will be the corresponding compensation, taking into account the residual value of the space for the injured party.
The market value makes it possible to quantify the value of a parking space as at the date of the court ruling, a criterion preferable to the purchase price of the space, because with that price it is not possible to buy another space of similar characteristics at that date. The residual value of any use that can be made of the spaces that will remain the property of the claimants is deducted from that price (so that there is no unjust enrichment).
On the other hand, a compensatory amount for the loss in value of the property and the inconvenience this entails must be added, since acquiring another parking space in a building, even one close to where they have their home, causes the claimants obvious harm through the inconvenience and disruption of travelling there every day, as well as a loss in value from not having a usable parking space in the same building.
Therefore, compensation should be paid for the loss in value of a new-build property which, under the regulations, must have a parking space in the same building and which, owing to design defects and defective works management, does not have one, so the owner will have to acquire a space in another building, which obviously has a different market value from having it in the same building; a figure of 20% of the price of the parking space is considered moderate.
If you have a serious problem with your parking space and would like to calculate how much compensation you could obtain, contact us. DPcon S.L. Reclamación Daños Constructivos.
Any questions?