With the arrival of heat in the summer season, it also comes in many cases, the rush of users to adapt your home with the appropriate air conditioning systems. Apart from waiting for some installers who are saturated (I’m experiencing it with a ceiling fan), there are some issues that can always remain in the air.
And in the case of air conditioners, although we have already answered some of them, there is one that can be basic and that we must also take into account when buying and installing an air conditioning system at home. Is about be clear about the regulations that regulate it and if we must have the permission of the community of neighbors to be able to install it.
With the law as a flag
And it is that due to the characteristics of the device, when installing an air conditioning system with air conditioning, We must be attentive in the first place to the legal regulations that exist in this regard and at the same time not neglect the opinion of the rest of the neighbors. But let’s go in parts.
And the first thing is to go to the Horizontal Property Law and look at its articles. is the standard that regulates the organization and operation of buildings under the horizontal property regime, that is, those in which several independent owners of homes, commercial premises or other private units coexist within the same property. The Horizontal Property Law in Spain establishes the rights and obligations of the owners and here we have a first answer.
According to Horizontal Property Lawfrom now on, LPH, makes it clear in article 7 that the prior approval of the rest of the owners of the neighborhood community is required to install these devices.
The reason is that said article prohibits the owners to make modifications or changes both in the private elements as in the common elements that may affect the structure, configuration or external state of the building.
The owner of each floor or premises may modify the architectural elements, facilities or services of the former when it does not impair or alter the safety of the building, its general structure, its external configuration or condition, or harms the rights of another owner, and must account for any such works previously to whoever represents the community.
In the rest of the property you may not make any alterations and if you notice the need for urgent repairs you must notify the administrator without delay.
This means that the permit will be necessary in those cases, but it will not be if you want to install the air conditioning system and it is notor affects common elements or is placed in such a way that it affects the exteriors. This can happen if, for example, the air conditioning is going to be placed in a false ceiling inside the apartment, and in this way it does not affect any common element.
At this point it must be taken into account that, even if we install it in a private area and not in a common area, we must ensure that it does not cause any harm to the rest of the neighborssuch as noise or vibrations.
But also, you have to be in accordance with the statute of the community of owners… if they have it, because it is something that does not always exist. It is a question of speaking with the president of the community or with the administrator of the same, so that he informs you about the existence of the statute and the agreements that are embodied in it.
And it is that the authorization of the rest of the neighbors will not be necessary if they have previously agreed in the Community Statutes or in a prior agreement that air conditioners can be installed or have determined the place where they can be placed.
Let’s imagine that the statutes reflect that air conditioners cannot be placed on the façade and have to be installed on a roof terrace on a common terrace of the building. In this case it will not be necessary to ask for authorization as long as they are placed in the authorized place.
But what if there are no statutes?
If there are no statutes or they do not provide for the placement of air conditioning units in common areas of the building, be they roof terraces, facades, balconies… there will be no other choice but to request authorization from the Community of Owners.
To make it possible, it will be necessary to contact first with the President of the Community or the Administrator informing him of the situation and that we want to install an air conditioning system. He will be in charge of convening the pertinent meeting informing in the agenda of the matter to be discussed.
Once the owners who are up to date with the payment of quotas have met, a vote will be necessary and in order to approve the installation of the air conditioning. In some common area it will be necessary the favorable vote of 3/5 of the total number of owners who, in turn, represent 3/5 of the total participation fees All this is typified in article 10.3 b of the LPH
In these cases, the consent of the affected owners must be recorded and it will correspond to the Owners’ Meeting, in common agreement with those, and by a majority of three-fifths of the total number of owners, to determine the corresponding compensation for damages. The setting of the new participation fees, as well as the determination of the nature of the works to be carried out, in case of discrepancy on them, will require the adoption of the appropriate agreement of the Board of Owners, by the same majority. In this regard, interested parties may also request arbitration or technical opinion in the terms established in the Law.
Having said all this, and although permission is not required because it comes in the statutes, It is always convenient to discuss our intentions with the Administrator or with the President of the Community of Owners so that you take it into account for the next Meeting of Owners and incidentally avoid possible problems with other neighbors.
Cover image | Athena
In Xataka SmartHome | I want to install air conditioning at home: what do I have to prepare for when the technician comes