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Monday, 19 August 2024, 17:24
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When the heat cranks up many households in Spain feel that it is high time they installed air-conditioning for their homes. This process often includes work on the outside of the building to hang the exterior units. And a certain doubt creeps in that is raised repeatedly by so many homeowners: is it necessary to consult the rest of my neighbours in my community about this installation? According to Spain's Horizontal Property Law, it is necessary to have their approval, as with any modification to be carried out in common areas, including the property's façade or other external walls.
"The owner of each flat or premises may modify the architectural elements, installations or services of that flat or premises when it does not impair or alter the safety of the building, its general structure, its external configuration or state, or prejudice the rights of another owner, and must give prior notice of such works to the person representing the community", as stated in the law.
In this regard, the first step would be to check what the community of owners' statutes or internal regulations say about the installation of this equipment. The homeowner may install the device without being prevented from doing so as long as it does not affect the safety of the building and there are other air-conditioning devices already in place. This amounts to being case law because aircon installations already exist - a precedent has been set. Similarly, if the community of owners has already envisaged in its statutes the possibility of installing air-conditioners and has considered where they would be hung on a given wall, then there is no need for communal approval.
It is important to remember that the installation of air-conditioning should not affect the safety of the building, nor the stability of the façade or other communal areas. Neither should it cause any nuisance to neighbours, such as noise, vibrations or odours. Lastly, its installation should not alter the aesthetics of the building.
In all other cases bar the aforementioned you will need the consent of the community of owners to install the device. Such approval is always necessary in cases where the façade is affected because hanging such a unit upsets or alters the aesthetics of the building. The request must have a favourable vote from three-fifths of the owners who, in turn, represent three-fifths of the quorum permitted to vote. However, some rulings have even required a unanimous vote on the grounds that the installation affects the aesthetics and structure of the building.
In the event that this work is carried out without the permission of the neighbours, the law also clarifies that the president of the community may require that work stops on the installation, "under penalty of initiating the appropriate legal action".
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