Enclosing the balcony: majorities, precedents and the problem of old enclosures

It is one of the most repeated questions — and one of the biggest generators of litigation.

Enclosing a private balcony

The enclosure (glazing, frameless glass curtains, building work) alters the common facade and, depending on the case, the configuration of the building:

• Strictly: a resolution of the meeting (3/5 in general; unanimity if it alters the constituting deed or the structure).
• The council also requires its own permit — and in many municipalities an enclosure counts for planning purposes.

The classic: "but half the stairwell already has one"

Historic enclosures that were tolerated create a delicate situation: a community that turned a blind eye for years can hardly refuse the next owner arbitrarily (the doctrine of one own acts), but nor do they become "legalised" by themselves.

The orderly solution (the one that works)

A general resolution of the meeting that:

1. Sets a single technical and aesthetic model for enclosures (frameless glass curtain, for instance).
2. Regularises the existing ones that fit it (or gives a period to adapt).
3. Authorises future ones that comply with the model, with the municipal permit at each owner expense.

That resolution, properly drafted and minuted (legal advice recommended here), turns a powder keg into a procedure.

What never to do

Enclose first and ask later: you expose yourself to demolition at your own cost, with years of conflict. The cheapest enclosed balcony is the one approved before buying the glass.