With summer comes the desire to get together with friends to have a good barbecue, which is an issue that often causes conflicts between owners of a community. This is a complex issue due to the fact that there is no specific legislation that regulates it directly, as in this case, the legislation prohibiting fires in mountain recreational areas and forest land cannot be applied, which can give rise to doubts as to whether it is legal to barbecue in communities of owners. Disputes often arise from relations between neighbours and limitations on ownership.
Horizontal Property Law and Barbecues
It is important to note that there is no specific law prohibiting the use of barbecues, except in the Community of Madrid, unless it is regulated in the Community Statutes. However, Article 7.2 of the Horizontal Property Law, prohibits the use of annoying or unhealthy activities, which may include barbecues. The article reads as follows:
"The owner and the occupant of the flat or premises are not allowed to carry out in it or in the rest of the building activities prohibited in the bylaws, which are harmful to the property or which contravene the general provisions on annoying, unhealthy, harmful, dangerous or illegal activities".
In case of nuisance and if warnings are ignored, the president of the community will be responsible for putting an end to such activity, either by neighbour complaints or by his own decision. If the neighbour does not cease, legal action may be taken by the community and the courts will determine the consequences.
Are barbecues allowed in common areas or in private areas?
Barbecues in common areas
At the level of residents' associations, the use of barbecues in communal areas can lead to conflicts, especially in the absence of specific legislation directly regulating it. The following is a formal guide on how to deal with this issue.
Prohibitions and Permissions in the Statutes
If the community statutes contain an article expressly prohibiting the use of portable barbecues, residents may not use them in the common areas. However, it is more common that there is no explicit prohibition. In these cases, it is difficult to prove that a neighbour is causing problems to the community when using a barbecue in an occasional and moderate manner.
Nuisance and Complaints
Some neighbours may complain about the smoke or odours generated by the barbecues, invoking article 7.2 of the Horizontal Property Law, which prohibits annoying or dangerous activities in a community of neighbours. Despite this, case law tends to be permissive of the use of individual barbecues on estates, on the understanding that they are widely used and that most owners accept the occasional nuisance they may cause. The courts generally do not consider this practice as annoying or dangerous, as it is used sporadically and the inconvenience is temporary and must be tolerated by the other owners.
Internal Regulations and Common Sense
Experts recommend regulating the use of barbecues by means of internal regulations (Community Bylaws) that balance tolerance and respect for other neighbours with the freedom to use common areas. Applying common sense and cooperation between neighbours is key to drawing up rules that everyone can respect.
For example, neighbours wishing to use a barbecue could give several days' notice, allowing other residents to take precautions, such as not hanging out the washing on that day, and to accept the possibility of more smoke and odours than usual. This reciprocity could encourage harmonious coexistence, where everyone accepts the potential discomforts and benefits of living in a community.
In some cases, bylaws may include specific rules on the use of barbecues, such as prohibiting certain types of fuels or limiting permitted hours.
There are situations where the community may decide to establish temporary rules, such as limiting the number of times barbecues can be used or requiring prior reservation.
In a nutshell:
Barbecues in common areas:
- If the community statutes do not expressly prohibit the use of barbecues, neighbours can enjoy them without any problem.
- Some communities may set specific rules, such as limiting permitted hours or banning certain types of fuels.
- In any case, it is important to respect the regulations and ensure that barbecues do not cause damage to the property or disturb the coexistence.
It should be remembered that, ultimately, the best way to regulate the use of barbecues is through internal regulations (the Community Statutes) that balance tolerance, respect for other neighbours and freedom of use of the common areas.
If your community does not yet have these statutes, Meridional's legal team can advise your drafting taking into account all national, regional and municipal regulations.
Adapting Community Common Areas for Barbecues
If the community has common areas suitable for the use of barbecues, but no built-in barbecues, it is possible to modify these common elements. However, any changes must be approved by a meeting of owners organised by the president of the community. In case of approval, specific rules could be drawn up for the use of the installed barbecues, thus eliminating any controversy between neighbours regarding their use.
It is not common to find built-in barbecues already installed, nor are they installed later by agreement of the Board of Owners. It is more common to allow the use of portable electric or gas barbecues by neighbours who wish to use them.
Barbecues on private terraces or patios
The use of barbecues on private terraces and interior patios can be an enjoyable and social activity for residents, but may be subject to certain limitations and regulations. For this it is important to check the Specific Norms, verify if there are rules restricting the type of fuel or the hours allowed for its use.
Our advice is to consult the Community Bylaws and ensure that existing regulations permit this activity before planning any barbecue event.
Smoke Considerations
The smoke generated by a barbecue, especially on a terrace or interior patio, can be a source of nuisance to neighbours due to its difficulty to disperse. To minimise this nuisance, it is crucial to keep the barbecue away from common areas and other residents' windows.
Use of Barbecues on Private Terraces
We know that the use of barbecues on the private terraces of the neighbours can be a controversial issue within the communities of owners, generating more controversy than their use in common areas. Generally, this aspect is not contemplated in the Community Statutes, and if it is mentioned, it is rarely explicitly prohibited for reasons of aesthetics or security of the property.
Regulation and Neighbourhood Complaints
In situations where there are numerous complaints from neighbours opposing the use of barbecues on private terraces, it is possible to establish internal rules that more strictly regulate this practice. These rules must be approved by a majority vote and should balance the interests of those who wish to barbecue and those who oppose it.
Complaints and Municipal Ordinances
For neighbours who object to the use of barbecues on terraces, article 7.2 of the LPH could apply. However, the perception of what is a nuisance varies between people, and not all complaints about barbecues on terraces that reach the courts are successful, especially when the use is sporadic.
In addition, it is important to consider municipal by-laws, as some may prohibit the use of barbecues on terraces for fire prevention reasons.
What does the law say about the location of barbecues in a community?
Barbecues in Chalets
If you live in a detached house that is not part of a community of neighbours, there are no specific regulations governing the use of barbecues. However, if your villa is in a community, you should consider the internal regulations and the Horizontal Property Law.
Barbecues in Bajos
Ground floors with interior courtyards are often problematic when it comes to barbecues. Although there are no specific regulations for their use, they can cause nuisance to many neighbours. It is essential to apply common sense and review the community bylaws on the use of barbecues.
To install a fixed barbecue, you will need the support of the community, as this involves a modification of the building. In addition, it will be necessary to install a suitable smoke evacuation system.
Balcony and Terrace Barbecues
If you have a flat with a terrace or a large balcony where you want to barbecue, the barbecue you use must be portable. In addition, it is essential to take into account the Horizontal Property Law as we have mentioned throughout the article, as it regulates activities that can cause nuisance to neighbours, such as the smells and fumes that a barbecue can generate.
You should also check the community's bylaws for specific regulations, such as time limits or prohibitions on fires at certain times of the year.
Barbecues in Gardens
In the case of communal gardens, it is important to observe the internal regulations of the community, which generally regulate the use of barbecues and may restrict their use to certain times and seasons of the year.
Recommendations before having a barbecue
We know that a barbecue can be a very enjoyable activity if you take common sense into account and follow some essential advice. Here are some recommendations to ensure a harmonious coexistence and avoid conflicts with your neighbours:
1.Review the Community's Internal Rules of Procedure
- Although there is no law prohibiting barbecues, your community's bylaws may limit their use during certain times of the year. Make sure you know and respect these rules to avoid problems.
2.Consider the Weather Conditions
- Windy days: Barbecue smoke can disturb your neighbours on windy days. It is best to avoid barbecues in these conditions.
- Hot days: On very hot days, you should take extra precautions, especially if there is vegetation nearby. Check your community's internal regulations to find out if there are specific restrictions for these days.
3. Choose the Right Barbecue Type
- Smokeless models: Opting for smokeless barbecues can minimise disturbance to neighbours.
- Portable Barbecues: They are ideal for both indoor and outdoor use and allow you to barbecue if your regulations do not allow the use of fire.
4.Communicate to your Neighbours
- Inform your neighbours in advance of your intention to have a barbecue. This will allow them to be prepared and avoid possible conflicts.
5. Location and Security
- Place the barbecue in a location where the smoke will cause as little disturbance as possible. Always keep a fire extinguisher or water hose nearby in case of an incident.
6. Respect Schedules
- Although not always regulated, it is good practice not to barbecue at inappropriate times, such as very early in the morning or late at night. If you are interested in finding out more about what activities are permitted at certain times, there is a full article on this on our website.
By following these tips, you will be able to enjoy a barbecue in your homeowners' association without generating conflicts and maintaining a respectful and harmonious coexistence.
Barbecues and the community: Coexistence is possible
In conclusion, coexistence in neighbourhood communities can be harmonious even when it comes to the use of barbecues in common areas. To achieve this, it is essential that residents communicate, respect internal regulations and look for collaborative solutions. Establishing specific schedules, using electric or gas barbecues instead of traditional charcoal barbecues, and encouraging dialogue between neighbours are some of the alternatives that can contribute to a peaceful and satisfactory coexistence for all.
If you need more information or have any other questions, don't hesitate to ask.
Thank you very much for making it this far and let's hope it has been helpful.
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