Christmas decorations on the balcony in Spain: when do you have to ask your neighbours for permission?

With the festive season approaching, many people in Spain are already looking forward to putting up the Nativity scene, Christmas tree and decorating the house. In addition, many are wondering if they can put up lights, wreaths or figures on their balconies without having to consult the residents' association. The answer depends on several factors: you have to take into account the rules of the community where you live, security, the aesthetics of the building and of course, the interpretation of the state horizontal property law (Ley de Propiedad Horizontal, or LPH).

What the law establishes

Article 7.1 of the LPH establishes that an owner can modify their property as long as these modifications do not "impair or alter the safety of the building, its general structure, its configuration or external state, or prejudice the rights of another owner". Although the law does not explicitly mention 'Christmas lights' or 'decorations', balconies are part of the façade, i.e. the exterior of the building, so decorating them could be considered a modification of the exterior.

Furthermore, article 7.2 prohibits "annoying, unhealthy, harmful, dangerous activities" or activities that contravene the community statutes. This rule has been used to justify the removal of decorations when they represent a risk, for example, due to their electrical installation or the risk of falling objects.

Exceptions

Decorating balconies without a permit may be possible, but with nuances. For example, if the decorations are discreet (small garlands, safe lights with CE marking, decorations placed inside the balcony without protruding, plants or figures placed on the balcony floor or window sill) and do not alter the general aesthetics of the building or its safety, it is not usually necessary to ask for permission.

If the decoration obviously changes the façade (hanging lights, cables, protruding elements, heavy objects attached to the railing, intense lighting that disturbs neighbours), the community could demand its removal.

If in the community statutes there is a rule that expressly prohibits exterior decorations or modifications to the façade, since many communities regulate these aspects, then a resolution of the owners' meeting will be necessary in order to be able to decorate.

Recommendations before decorating

To avoid conflicts with neighbours or possible complaints, it is advisable, first of all, to check the community statutes to find out if there is any clause regulating decorations on balconies or façades. If there is no express rule, the president or property administrator should be informed before placing decorations visible from the street. Prior notification can avoid misunderstandings.

Both common sense and risk prevention lead us to use safe decorations, which includes CE marked lights, without excess weight, well installed, without overloading sockets, avoiding overhanging the balcony.

On the other hand, it is good to prioritise discreet decorations, such as wreaths, plants, small ornaments inside or on the balcony floor, rather than flashing installations. Another matter of common sense and respect for neighbours is to avoid obtrusive lights, noise or elements that obstruct passage or compromise security.

The law allows the community to demand the removal of decorations if it considers them to be an alteration of the façade, a risk or a nuisance. If the owner refuses, the community, through the president and with the support of the committee, could take legal action to have them removed.

In some cases, there may even be a financial penalty, especially if the decoration represents a danger or if it breaches clauses approved in previous statutes.