A homeowners’ association on the Costa del Sol has lost a legal battle to force the removal of a jacuzzi from the terrace of a holiday flat after judges ruled there was no evidence it posed a risk to the building.

The case centred on a tourist apartment in a residential development where the property’s owner had installed a two-person jacuzzi on a private terrace, reports Idealista.

Neighbours objected to the installation and took the matter to court, arguing that the weight of the jacuzzi could damage the structure of the building and potentially cause problems for other residents.

However, both a court in Fuengirola and later the Provincial Court of Malaga rejected the claim, finding that the community had failed to provide technical evidence showing the jacuzzi endangered the building or infringed on the rights of other owners.

Judges noted that the terrace was a private part of the property and that the jacuzzi had been installed without any construction work, drilling or structural alterations.

The court also highlighted that the unit was not visible from outside the building and did not alter its appearance.

A key factor in the ruling was the lack of evidence supporting the community’s claims about structural risks.

While neighbours argued that the weight of the jacuzzi could overload the terrace, court documents showed that even when completely full and occupied, it exerted a load of around 465kg per square metre.

That was well below the terrace’s reported maximum load capacity of 800kg per square metre, meaning it used only around 58% of the structure’s permitted limit.

The community also attempted to link the jacuzzi to alleged leaks and water damage affecting lower-floor properties.

However, the court found that video footage submitted as evidence failed to prove where the water originated, and no expert reports were provided to establish a direct connection between the jacuzzi and the alleged damage.

As a result, judges concluded that the installation could not be considered dangerous simply because it was a jacuzzi.

The ruling states that restrictions on a homeowner’s use of their property must be based on proven harm or risk rather than assumptions or hypothetical concerns.

Interestingly, the court suggested the real dispute may have had less to do with the jacuzzi itself and more to do with the property’s use as a tourist rental.

According to the judgment, many of the complaints centred on noise and disturbances associated with short-term holiday guests rather than the jacuzzi.

The court noted that Spanish property law provides a specific legal route for communities to challenge nuisance behaviour from residents or holidaymakers.

However, the homeowners’ association chose instead to focus its case on the legality of the jacuzzi installation.

Because it failed to prove the jacuzzi breached building safety rules, altered the property’s appearance or caused damage, the court dismissed the claim and ordered the community to pay the legal costs.

Read more Andalucia news at the Spanish Eye.