Balcony and terrace rules for laundry, plants, barbecues and smells

Key rules

• Statutes: Your community's statutes can be stricter than the law, so read them before using your balcony.
• Facade changes: Closing in a balcony or adding an awning usually needs the owners' approval first.
• Barbecues: Balcony barbecues are commonly banned by statutes or city rules, so assume no until checked.
• Warnings: Act on the president's first formal warning, because ignoring it can lead to court.

City ordinances on laundry and barbecues differ widely, so confirm the current rule with your town hall and your community's statutes.

Four layers of rules limit your balcony

Your balcony habits are limited by national law on shared buildings (the Ley de Propiedad Horizontal), your community's statutes, your city's ordinances, and in practice by what your neighbours put up with. The strictest layer wins. Something allowed by the law can still be banned by your building's statutes.

Start by asking your landlord or the administrator for a copy of the statutes. Read them before you hang, build or light anything outside.

Laundry

The statutes can restrict hanging laundry on balconies or facades. Some courts have upheld bans on visible laundry when the statutes include them. Rules the community has voted in bind every owner and tenant unless they were challenged in time.

Several cities also limit laundry visible from the street through ordinances on civic behaviour or the look of buildings. Many cities leave it to the statutes. Check with your town hall, as the wording differs by city.

Awnings, closing in a balcony, railings

Changing how the facade looks needs the owners' approval. That includes closing in a balcony, fitting an awning or changing the railings. Do not start work first. Ask the president or administrator how the community votes on it. Changing the statutes themselves usually needs every owner to agree, while other decisions usually need a majority. The exact majority depends on the decision.

Catalonia has its own rules on shared buildings, so check locally there.

Barbecues

No national rule bans balcony barbecues, but they are commonly banned by community statutes or city rules because of fire and smoke. Assume you cannot use one until you have checked both. Gas or electric grills may fall under the same wording.

Smells, smoke and dangerous activities

You may not carry out activities in your flat or the building that the statutes forbid, that damage the property, or that are harmful, unhealthy, noxious, dangerous or illegal. Heavy smoke, persistent smells and fire risks can fall under this. How much cooking smell, plant dripping or watering runoff neighbours accept has no fixed rule. Keep watering and drips from reaching the floor below, and talk to a neighbour early if they complain.

How a dispute escalates

1. The president, on their own or at a neighbour's request, formally tells you to stop.
2. If you carry on, the owners' meeting can authorise the president to go to court.
3. The court can order you to stop and to pay damages. In serious cases it can remove your right to use the flat for up to three years. If you are a tenant, it can end your lease.

Fix problems at the first warning. The warning and FAQ below cover the risks and common questions.

What to watch out for

• Smelly, smoky or dangerous activities can end up in court: You cannot carry out activities in your flat or the building that the statutes forbid, or that are harmful, unhealthy, noxious, dangerous or illegal. Smoky barbecues and strong smells are typical complaints. The president can formally warn you to stop. If you carry on, the owners can authorise a court case to stop the activity and claim damages. Stop as soon as you get a formal warning from the president, and talk to the neighbour who complained.

• Serious cases can cost you the use of your flat or your lease: In serious cases a court can take away your right to use the flat for up to three years. If you are a tenant, it can also end your lease. Treat a formal warning as urgent. If you rent, tell your landlord, since they may be affected too.

Frequently asked questions

Can my community ban me from hanging laundry on the balcony?

Yes, if the community statutes include a ban or limit on visible laundry, it binds every owner and tenant. Rules agreed by the owners' meeting also bind everyone if nobody challenges them within the legal period. Read the statutes first, and ask the administrator for a copy if you don't have one.

Do I need approval to close in my balcony or add an awning?

Yes, changing the look of the facade, for example by closing in a balcony, adding an awning or fitting different railings, usually needs the owners' meeting to approve it. Ask the president to put it on the agenda before you spend money.

Is there a national rule against balcony barbecues?

No, there is no national rule, but barbecues on balconies are commonly banned for fire and smoke reasons. The ban comes from either city rules or community statutes. Check both with your town hall and your administrator before you light anything.