Euroresiuk

Right to install a barbecue in a Spanish property

Installation of Barbecues in Spain

I live on the third floor of a 6 storey block of flats in the city centre and I would like to know whether I am allowed to have a barbecue on my balcony or not. My balcony is small and the barbecue is also very small. So far I haven’t used it as I am afraid that the neighbours might complain and I’m also worried that someone might report me. I’d like to know my rights in case this happens (there’s hardly anyone here at the weekend as most people go to their second homes).

I think that its best not to have a barbecue on your balcony given that your neighbours could complain and report you. It would almost certainly be against municipal regulations and the regulations of the block of flats where you live. In my opinion having a barbecue on the balcony of a third floor flat infringes article 7.2 of the Shared Property Law which states that neighbours must not carry out any activities that are against the law and that could be damaging to the community, dangerous or antisocial.

In addition, the government usually bans all types of fires during certain times of the year.

I’ve got a barbecue in my small garden and my neighbour above has complained about the smoke. The barbecue is 4 metres from my facade and 6 from the neighbour’s. My flat is a duplex and the part upstairs belongs to me. I’d like to know if I’m breaking any rules and if I’d lose the case if my neighbour takes me to court. My neighbour also has a barbecue on his terrace but says that its not a problem as the smoke from his barbecue rises and therefore doesn’t affect my property.

Yes having a barbecue could be against municipal regulations. It also infringes article 7.2 of the Shared Property Law (see above). Therefore your neighbour would be within his rights to report you.

However, the rules for whether barbecues are allowed or not would apply equally to your neighbour.

I live in an attic flat with a 60 m2 terrace. Am I allowed to have a barbecue? At the town hall they told me to ask the fire brigade who said that they had no objections.

You need to consult the regulations governing your area. As I stated above the government usually bans all types of fires during certain times of the year. You also need to consider whether the smoke would bother any neighbours as this could infringe article 7.2 of the Shared Property Law (see above).