It happens December after December. As the holidays approach, there are balconies, windows and facades that are invaded by a mixture of led lights, garlands, papanoels Various Christmas-themed pendants and ornaments. Where before there was a simple and nondescript terrace, suddenly there is a confusing mass of colors, lights and shapes that leaves bouncing a tricky question: Do apartment owners have the right to turn their balconies into small theme parks?
To answer it you have to go to the LPH.
Lights, give me (many) lights. The one from Vigo may be the best known casebut there are many cities in Spain that in recent years have begun to fill their streets with thousands (or even millions) of Christmas lights, far surpassing the decorations that could be seen a decade ago.
In the Galician city they boast this year of having nearly 12 million of LEDs spread across 460 neighborhoods, in Madrid they talk about 13 millionin Alcalá de almost fivein the busiest areas of Malaga they will shine 2.7 million…And so on a long list of cities that every Christmas put on a peculiar suit of lights.
And what happens in the buildings? The City Councils are not the only ones that get carried away by this lighting fury. Every year there are people who transfer this display of lights and decorations to their own homes, both inside their homes, with Christmas trees, nativity scenes or garlands, and to balconies and facades.
It comes with taking a walk through most cities to see people who, when December arrives, fill their terraces with colored LEDs or even decorations that stick out from the balcony. The catalog is extensive: papanoels pendants, decorations of wise men climbing stairs or garlands that fall from the façade.
Can they do it? A quick Google search shows that that question reborn each Decembercoinciding with the dates on which people decorate their homes. Can the rest of the neighbors forbid me from giving free rein to my passion for Christmas decorations? Are there limits when we talk about decorating balconies? If I want to decorate a common area of the building, do I need permission from my neighbors?
These are questions frequently enough that platforms specialized in both law and the real estate market have devoted attention to them over the last few years. Two clear cases are Legalites and Photohouse.
The best: communication. These may seem like far-fetched questions, but we must take into account a fundamental fact: the balconies, facades and roofs of a building do not have the same condition as the living room or kitchen of a home.
Terraces, for example, are usually spaces for private use: they are enjoyed exclusively by the owner of the apartment, but in reality they are common elements, so the owner cannot do whatever he wants with them. Without going any further, before carrying out a work, what recommend agencies like Reale is to consult with the board.
The same logic can be transferred to Christmas decorations if what we have in mind is to make a huge display of lights or decorate the facade. The first thing is to confirm if the community statutes regulate the exterior aesthetics of the building. As they remember in LegálitasIf we want to install decoration that invades the sidewalk, public spaces or street furniture, it is also advisable to consult the City Council first. After all, the private use of these spaces may require a permit or even entail the payment of a fee.
LPH Word. When we talk about communities and coexistence, there is a reference standard that is always good to keep in mind: the Horizontal Property Law (LPH). The text does not specifically talk about LED lights, Christmas trees or papanoels pendants, but gives some guidelines that are applicable in these cases. One of its clearest articles on the matter is the seventh, which clarifies what exactly the owner of an apartment or premises can and (cannot) do:
“You may modify the architectural elements, facilities or services of the building when it does not undermine or alter the safety of the building, its general structure, the external configuration or state, or harm the rights of other owners, and must report such works to whoever represents the community.”
“The owner and occupant of the apartment or premises are not allowed to carry out activities in it or in the rest of the property that are prohibited in the statutes, that are harmful to the property or that contravene the general provisions on annoying, unhealthy, harmful, dangerous or illicit activities,” adds the LPH in the same article. In case there were any doubts, the norm (citing in turn the Civil code) remember that there are elements subject to a “co-ownership” regime.
Why is it important? Because although the wording of the LPH may be generic and does not explicitly talk about Christmas decorations, it touches on the key points that can generate conflict between the different neighbors of a block. To be more precise, it emphasizes that no owner can “undermine” the “external configuration and state” of the property or “harm” the rest of the tenants.
So, if we decide to turn our balconies into small tributes to Christmas, we will have to ask ourselves a series of questions first: Do the decorations hang or stick out enough to affect the “exterior configuration” of the property? Is the installation of outlets, wiring and lights safe? If they are very close to another neighbor’s window, can we cause inconvenience?
“Out of prudence”. The most advisable thing is therefore to keep all these issues in mind and above all to be aware of the internal rules of each community. Also communicate with those responsible. So advises it in elDiario.es Patricia Briones, from the College of Property Administrators of Madrid (CAFMadrid).
“Any neighbor who wishes to install decorative elements in a common space on a private basis must, out of prudence and to avoid conflicts, request authorization from the board,” points out the expertwho recalls that “the decision on the decoration of common areas corresponds to the owners’ meeting, which can approve internal regulations on the use and coexistence in common spaces.”
“In the absence of a specific agreement or internal rule, the decoration of common areas is neither automatically permitted nor prohibited. The board has the power to decide whether to authorize, limit or prohibit this type of decoration.”
Images | Gautam Krishnan (Unsplash) and David Álvarez López (Flickr)
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