27/05/2024
Courtesy of Villas Fox... Read the rules on bbq's before Summer hits us....
As the temperatures rise, thoughts turn to the ever-popular summer activities of swimming and having lots of fun in the sun! That often includes having a barbecue of course! If you´re lucky enough to have a private villa then you can have your own barbecue whenever you want (almost), but if you live in an apartment with a balcony or terrace, it´s not always obvious if you´re allowed to have a barbecue or not. Well our friends at Fotocasa have just published an informative article on just that subject, which we have translated for you here:
"Can barbecues be held on the terrace or garden of my house?
From Fotocasa we explain what the regulations say about the possibility of having barbecues on your terrace or in your garden and what to take into account.
Now that the good weather is finally here, many people take out their aprons, tongs and barbecues to take advantage of the porch, terrace or garden at home . However, if you live in a neighborhood community, before lighting the fire you may have questions about whether or not barbecues are allowed in your home, whether neighbors might complain or whether you might have to pay a fine.
Although there are no laws that explicitly prevent barbecues in a private place , such as a home, there may be regulations that may restrict its use. At Fotocasa, we analyze the current measures and tell you what you should know if you have a house with a garden or terrace and whether or not you can use your barbecue.
What can and cannot be done when living in a community?
What does the law say about having barbecues on your terrace?
The truth is that there is no law that, at the national level, prohibits barbecues in private spaces . However, localities and neighborhood communities could establish prohibitions on the use of barbecues on private properties, with limitations depending on the types of barbecues we use .
How do you know if you can barbecue at home?
To know whether or not you can have barbecues at home, you should consult the municipal regulations and the statutes of your neighborhood association:
Go to the town hall's electronic headquarters to check if there are municipal ordinances that regulate the use of barbecues or call by phone. Also, you can go in person to the town hall. Please note that it is unusual for municipalities to limit the use of barbecues in private spaces .
Check if restrictions are indicated in the bylaws of the neighborhood community . Although it is not common for the use of barbecues to be explicitly prohibited in private areas , it is more common for it to be limited or prohibited in community areas, such as the roof of the building. Therefore, if the statutes do not prohibit it, you can have a barbecue on your balcony, terrace or garden.
Generally, if your community statutes do not prohibit it, you can have a barbecue on your terrace
However, although it is not prohibited either at the municipal or neighborhood level, it will be essential that when having a barbecue on the balcony you do not violate the Horizontal Property Law. The Horizontal Property Law , in its Article 7.2, indicates that “The owner and occupant of the apartment or premises are not allowed to carry out in it or the rest of the property activities prohibited in the statutes , that are harmful to the property or that contravene “the general provisions on annoying, unhealthy, harmful, dangerous or illicit activities.”
Therefore, to be able to have barbecues on your terrace, balcony or garden, it must not be prohibited by municipal regulations, not be prohibited in the community statutes and that, when making the barbecue, it must not be dangerous, annoying or harmful.
Can neighbors complain about the use of barbecues if it is not prohibited in the statutes?
The Horizontal Property Law clarifies that, for an activity to be considered annoying, it must be continuous and excessive . For example, if the smoke is abundant, damages the façade of the building, or enters a neighbor's home directly, it is possible that this neighbor could complain, request that it be prohibited in the statutes , or even file a complaint.
If the use of the barbecue is continuous and annoying, the neighbors can complain or prohibit it in the statutes
Furthermore, if what we want is to build a built-in barbecue instead of using a portable one, as the terraces or balconies are considered part of the façade, a permit must be requested from the City Council and the community of neighbors must be notified .
What happens if I do a work without the permission of the neighborhood community?
Measures to take into account when making barbecues at home
Barbecuing is considered a “socially accepted” activity, such as playing music, so neighbors should accept each other's enjoyment of their private property as long as it does not disturb the normal coexistence of the community of neighbors.
However, it is important to avoid disturbing neighbors as much as possible, using barbecues as something specific, complying with safety parameters to avoid fires and using measures to avoid excess smoke.
There is no state law that prohibits barbecues on private property, so you should check to see if municipal regulations or neighborhood association bylaws expressly prohibit it.
If there is no limitation, remember not to bother your neighbors with, for example, smoke entering their homes . To avoid this, you can use gas barbecues.
If it is a habitual and recurring activity, it can disrupt normal coexistence with your neighbors, who can request a ban on the use of barbecues in the statutes.
Before having a barbecue in a common area, ask if it is allowed or check the bylaws.
If you want to build a barbecue at home, you must request a building license from the City Council . It will not be necessary to ask permission from the community for portable barbecues as long as the statutes do not indicate otherwise.
Fines for having barbecues on the terrace of an apartment
If barbecues are held on terraces or balconies when there is an express prohibition in the community statutes, the most common thing is to receive, first of all, warnings or reprimands from the neighbors and, if it continues, they can resort to judicial protection. to file a complaint.
The fines for having barbecues on the terraces or balconies of a collective home will depend on each autonomous community and the seriousness of the infraction. It should be remembered that, in addition, the autonomous communities establish penalties for lighting fires on public or forest lands that range between 100 and 1,000,000 euros, as is the case of the Community of Madrid. - (c) 2024 Adevinta, en caso de que redistribuyas o difundas nuestro contenido protegido, recuerda que debes citarnos. You can see the original article at https://www.fotocasa.es/fotocasa-life/consultorio/se-pueden-hacer-barbacoas-en-la-terraza-o-el-jardin-de-mi-casa"