Can I have barbecues on my balcony in Spain?

Now that the weather is getting warmer, many people are getting out their aprons, tongs, and barbecues to enjoy their patios or gardens. However, if you live in an apartment building, before lighting the fire you should check whether or not barbecues are allowed in your building.

While there are no laws in Spain that explicitly prohibit barbecues in private homes, there may be local and regional regulations that limit this practice. At Fotocasa, we analyze what you should know about using your barbecue on terraces located in apartment buildings.

10 things you should do when you arrive at your second home if it has been empty

Is it legal to barbecue on a terrace? What the law says

The truth is that there is no national law that prohibits barbecues in private spaces. However, municipalities and apartment buildings may establish prohibitions on the use of barbecues on private property, with limitations depending on the type of barbecue used.

How do you know if you can barbecue at home?

To find out if you can have a barbecue at your home, you should consult the municipal regulations and the bylaws of your homeowners’ association:

• Check the regulations in your city. Visit your homeowners’ association’s website and your city hall’s website to see if there are ordinances regulating the use of barbecues. You can also call Civil Protection to ask or go to the city hall in person. Keep in mind that each community has its own decree or plan regarding fire prevention and suppression during the summer months.
• Check if there are any restrictions in the bylaws of your homeowners’ association, as barbecues may be limited or prohibited in the building’s common areas, such as the rooftop or ground floor. Otherwise, if the bylaws do not prohibit it, you can have a barbecue on your balcony, terrace, or garden, always complying with safety regulations.

It’s important to remember that, although barbecues aren’t prohibited at either the municipal or neighborhood level, having a barbecue on your balcony must comply with the Horizontal Property Law. Article 7.2 states that “The owner and occupant of the apartment or premises are not permitted to carry out activities on it or in the rest of the building that are prohibited in the bylaws, that are harmful to the property, or that contravene the general provisions regarding annoying, unhealthy, harmful, dangerous, or illegal activities.”

Therefore, to have a barbecue on your terrace, balcony, or garden, it must not be prohibited by municipal regulations, it must not be prohibited in the community bylaws, and the barbecue itself must not be dangerous, annoying, or harmful.

The costs to consider when maintaining a home in Spain as a non-resident foreign buyer

Can neighbors complain about the use of barbecues if it’s not prohibited in the bylaws?

The Horizontal Property Law clarifies that for an activity to be considered a nuisance, it must be continuous and excessive. For example, if the smoke is abundant, damages the building’s facade, or enters a neighbor’s home directly, that neighbor may be able to complain, request that it be prohibited in the bylaws, or even file a complaint.

Furthermore, if you want to build a permanent barbecue instead of using a portable one, since terraces or balconies are considered part of the facade, you will need to request a permit from the City Hall and notify the residents’ association.

Measures to consider when having barbecues at home

Barbecuing is considered a “socially acceptable” activity, like playing music, so neighbors should accept each other’s enjoyment of their private property, as long as it doesn’t disrupt the normal coexistence of the community.

However, it’s important to avoid disturbing neighbors as much as possible, using barbecues only occasionally and complying with safety measures to prevent fires and excessive smoke.

• There is no state law prohibiting barbecues on private property, so you should check if municipal regulations or the residents’ association bylaws expressly prohibit it.
• If there is no restriction, remember not to disturb your neighbors, for example, by letting smoke into their homes. To avoid this, you can use gas barbecues.
• If it’s a regular and recurring activity, it can disrupt normal coexistence with your neighbors, who may request a ban on barbecues in the bylaws.
• Before having a barbecue in a common area, ask the president of the homeowners’ association if it’s allowed or consult the bylaws.
• If you want to build a permanent barbecue at home, you may need to apply for a minor works permit from the local council (check directly with your local council).

How is the housing market in Andalusia if I want to buy as a foreigner?

Fines for having barbecues on apartment terraces

If you have barbecues on terraces or balconies where there is an explicit prohibition in the community bylaws, you will most likely receive warnings or reprimands from your neighbors first, and if you continue, they can seek legal recourse to file a complaint.

Fines for having barbecues on the terraces or balconies of apartment buildings will depend on each autonomous community and the severity of the infraction. It should be remembered that, in addition, the autonomous communities establish sanctions for making fires on public or forest land that range between 100 and 1,000,000 euros, as is the case in the Community of Madrid.