Living in a community in Spain: What you can (and cannot) do

Unlike single-family homes, properties located in buildings with a neighborhood community require compliance with a series of coexistence rules to maintain harmony and the well-being of all residents.

At Fotocasa, we review what the Horizontal Property Law says and what the main rules are that you must follow regarding noise, special assessments for building improvements, or pet ownership, among others.

Did you know that in some cities it is forbidden to hang laundry on the balcony?

What are the 5 main rules when living in a community in Spain? Noise, assessments, pets…

1- Can I hang laundry on the balcony in Spain?

The answer is that it depends on the city. Although it is usually taken for granted that hanging laundry on the balcony is legal everywhere in Spain, the truth is that there are some towns where it is prohibited.

For example, municipal regulations in Barcelona, Madrid, and Valencia regulate this practice, which is incorporated into the Horizontal Property Law (LPH). In fact, fines of up to €750 are provided for citizens who break this regulation. This is because hanging clothes or displaying flags on balconies is a practice that can affect the aesthetics of the building or the success of selling or renting properties.

Regulations for hanging laundry according to the type of balcony in Spain

Source: Municipal Ordinances and Horizontal Property Law

*Fines are issued because it affects the visual aesthetics of the neighborhood’s facade.

**It is a domestic use, as long as the internal statutes of the building do not state otherwise.

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2- Can the neighborhood community forbid me from having pets?

According to the Horizontal Property Law, neighbors in a community cannot ban pets on the property, meaning any owner can have a pet at home. However, certain coexistence rules must be respected.

In the statutes of the community of owners, neighbors can establish limitations regarding pets in common areas, such as banning dogs from entering community spaces like gardens or elevators.

Things change when the resident of the property is renting. The tenant must comply with what is signed in the rental contract, meaning if it states that pets are not allowed, they cannot have them in their home. In case of breaching this contract clause, they would risk its termination and the loss of the security deposit.

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3- What are the fines and permitted hours for making noise at home?

Each locality is free to establish the amount of penalties for noise in homes in its municipal ordinances, with fines potentially reaching up to €3,000.

Neighbors in a community of owners can file complaints if noise is caused at inappropriate hours due to the use of household appliances, such as washing machines, dryers, or dishwashers, or noise that exceeds the maximum decibels.

Decibel limits allowed for making noise at home

Source: Own elaboration based on different Municipal Noise Protection ordinances

It is important to keep in mind that rules and penalties regarding noise depend on each municipality, so we will have to consult the specific municipal regulations in each case.

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4- Can I refuse to pay a special assessment?

It is not always mandatory to pay a special assessment. Paying special assessments approved by the owners’ board is mandatory as long as they aim to carry out maintenance works to improve safety, the building’s habitability, or to remove architectural barriers for people with disabilities.

Special assessments are extraordinary expenses of neighborhood communities approved in meetings. An owner can legally refuse to pay a special assessment when it has purely aesthetic or luxury purposes, meaning when it concerns improvements in appearance rather than the structure or accessibility of the property, provided that they voted against it at the owners’ meeting.

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5- Is it legal to install security cameras outside the home?

Yes, installing cameras outside your house is legal as long as you comply with certain rules. These are the rules established by the LOPD (Organic Law on Personal Data Protection) to install a video security system outside the home:

• Register the camera installation with the General Registry of the Spanish Data Protection Agency (AEPD).
• Inform the community of owners or passersby that the space is under video surveillance by using a sign.
• Only the contract holder of the installation can have access to the images.
• The holder must keep the images for at least one month.

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If we live in a neighborhood community, before starting disruptive activities or renovations in our home, it is important to consult the community statutes to avoid nuisances, penalties, and litigation.

This is especially important nowadays, as there has been an increase in municipal inspections and fine amounts can reach up to €3,000.

What about you? Have you ever had a conflict with your neighborhood community due to noise or pets? Tell us about your experience in the comments section.