When I bought my apartment a few months ago, one of the first ideas that came to mind was to move the washing machine to the patio to save space, concentrate the washing and hanging of clothes in a single point outside the house and while we’re at it, avoid the noise. Having to pull the water intake there and ask the community for permission was enough to dissuade me.
However, it is still an idea that is on my mind in the medium term because of the advantages it brings if you do it well. If not, you can finish paying up to 3,000 euros in violations and other associated costs.
The risk of having a washing machine on the balcony. Let’s get one thing straight: putting a washing machine on the balcony, terrace or patio is not a risk nor does it have to be a problem. But there are two potentially dangerous factors: the noise or vibration of the appliance and how it is installed.
Because connecting a washing machine on a private balcony that has an existing outlet is not the same as occupying a common patio, modifying a downspout or fixing the pipes to the façade. And as an example, a button: when some owners They turned a community patio into their personal laundry room and justice forced them to remove the elements they had left there and return the patio to its initial state.
Why you can be fined. The legal basis for noise is twofold: state and municipal. The Law 37/2003 Noise defines noise pollution including noise and vibrations and the Royal Decree 1367/2007 The developer also applies the acoustic quality objectives of the homes to vibrations as well. From here on, each town council sets its own limits and schedules. An example: the Ordinance for Protection against Acoustic and Thermal Pollution of Madrid of 2011 provides for fines of up to 3,000 euros for very serious violations if you exceed the nighttime limits by more than 7 dBA or the daytime or evening limits by more than 10 dBA.
Regarding the installation, article 7.1 of Horizontal Property Law establishes that the “The owner of each apartment or premises may modify the architectural elements, facilities or services of the former when it does not undermine or alter the security of the building, its general structure, its external configuration or state, or harm the rights of another owner, and must previously report such works to whoever represents the community.“
Who can act against you. The community and the city council, two different and non-exclusive paths. He article 7.2 of the Horizontal Property Law stipulates that the presidency of the community, on its own initiative or that of any of the owners or occupants, will require anyone who carries out the activities prohibited by this section to immediately cease them, under warning of initiating appropriate legal actions. In that case, the judge can force you to dismantle the installation, pay the repair and the court costs. And it reserves one of the most severe mechanisms: depriving the use of the home for up to three years, depending on the severity of the infraction and the damage caused to the community.
The city council, for its part, acts through administrative means with a regulated procedure: Law 39/2015 requires that all sanctioning procedures be initiated ex officio and that the initiation agreement be notified to the affected person, identifying the facts, their possible classification, the sanction that could correspond and the right to formulate allegations, with a hearing process of between ten and fifteen days to allege and present documents (article 82). Just because a neighbor reports you does not automatically make you fined: a noise measurement, opening of a file are necessary first and you have the opportunity to defend yourself before the sanction is final.
How to do things right. Before installing anything, review the community bylaws and check if there is already a water intake and drainage. If there is, it is enough to communicate it to the presidency or the administrator. If there is not one, you will have to request express authorization from the board to connect to the community downspout. It is a permission, not a notice. To avoid disappointment, leave the installation in the hands of a qualified professional, minimizing the risk of leaks.
Next, control the noise: check your town council’s ordinance (limits and hours vary greatly between municipalities) and install the washing machine on an anti-vibration base to reduce transmitted noise. Keep evidence of all the steps you follow, from communication to the community to the installer’s invoice, because in case of problems or complaints this documentation protects you from an inspection.
What to do if it’s your turn. If you receive a warning, the first thing is to identify the origin: is it a noise problem with the city council or an installation conflict with the community? Prepare the evidence that you can provide and be careful because the technical sheet of the washing machine is not very useful: that a washing machine emits 70 dB when spinning is not a relevant fact in itself, it depends on the time and the municipality. If the problem is noise, the city council will carry out an inspection; If a notification of a sanctioning file arrives, stick to the indicated deadline and provide documentation and allegations within that process.
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