Anti-pigeon spikes: what you need to know if you plan to install them on your apartment in Spain
The presence of these birds - and other species - and the mess they can cause is not only a problem of cleanliness or aesthetics, but also a risk to health
Cornices, windowsills, signs, gutters, roofs and courtyards are some of the surfaces where pigeons often perch or nest. Their presence and the dirt they cause is not only a problem of cleanliness or aesthetics, or of deterioration of the façade or nuisance to neighbours, but also to health.
Many homeowners' associations in Spain have to deal with them and end up resorting to an increasingly widespread, but also controversial (due to the legal and environmental implications), system of prevention known as anti-pigeon spikes. These are generally metal rows of pointed spikes that dissuade these birds from perching.
The Colegio Profesional de Administradores de Fincas de Madrid (professional association of property administrators of Madrid) indicates that their installation must be carried out professionally and always ensuring that it does not alter the façade or affect rainwater drainage. "From an environmental point of view, the measure is considered preventive, non-damaging, and compatible with the protection of wildlife, as long as it does not interfere with breeding or nesting periods".
From a legal point of view, the professional association clarifies that in the horizontal property regime regulated by Law 49/1960, of 21 July, decisions on alterations to common areas must be adopted by the community in accordance with article 17. "The installation of spikes on the façade, being a modification of the common element not necessary for conservation, habitability or accessibility, requires the agreement of three-fifths (3/5) of the total number of owners and participation quotas, according to article 17.4 LPH", explains Miguel Fernández, property administrator of the Madrid association.
It also warns that if the cost of installation exceeds the amount of three ordinary monthly payments of community fees, the dissenting owners are not obliged to pay. However, they cannot be deprived of the use or advantage of the improvement. "Consequently, in order to be legally valid, it is essential that the installation is agreed at the meeting, with the corresponding agreement and the aesthetics and uniformity of the building must be respected, except with the express agreement of the community or urban planning authorisation."
The professional association says that case law confirms that there is no impediment to placing deterrent spikes, as long as the formal procedures are respected.
Municipal competences
In addition, municipalities are responsible for urban hygiene, public health and pest control. For this reason, many municipal by-laws regulate the placement of deterrents on facades and the management of bird pests.
In October Malaga city hall formalised a contract to carry out the population control of certain birds in the city in order to achieve an adequate level, according to criteria of public health, animal health and animal welfare. The provision of this service, which has been awarded to Total Animal Services Paraíso, S. L. with a budget of 53,114.16 euros (IVA sales tax included) and a completion period of one year.
As stated in the specifications, this contract will be used for the prevention and control of pigeons, Argentinean parakeets and gulls, as well as any other species or subspecies that may constitute or become a risk to public health and sanitation; its scope of application includes public roads (including parks and gardens), municipal buildings (including schools, nursery schools and markets) and private spaces.
