Given the current heat waves, air conditioning has become essential. Controlling consumption allows you to reduce the electricity bill, but you have to install it - I suggest you solve a previous question: Is it possible to legally locate within a community of owners?
In this article we review the applicable regulations, It is possible to locate the appliance and the engine, and how to act when solving conflicts by sorolling or installations without permission.…
Is it possible to have air conditioning at home?
As a general rule, It is not possible to set the air conditioning to the factory. This option is restricted to ancient buildings that do not have sufficient space on the terrace or patio.
Per I will understand why I conèixer the exceptions, I will attend to two documents clau; the Statutes of the community and the Ordenança d'Usos del Paisatge Urbà.
The regulatory framework to legalize the installation
These rules determine whether you can install air conditioning. The starting rule is that Statutes may contradict a valid municipal ordinance.
The Statutes of the Community
The first step is to review què diuen els Estatuts:
- If the Statutes deny permission, the process is blocked.
- If they do not oppose the installation, the Board may vote and approve the action.
How many votes do you have to install the air conditioning?
The necessary majority is la meitat més un (simple majority). Article 553-25 of the Catalan Civil Code requires:
«"A simple majority of affirmative votes of the owners who have participated in the Board, which must represent, at this time, the simple majority of the total of the six participation votes.".
Please note that the Catalan Civil Code does not expressly establish air conditioning, which fits into the’heading f), which reserves the simple majority per als «"agreed that no different majority had been established to adopt them.".
Consell Housfy:
Do you have doubts about presenting the proposal to the Board? Grup Housfy's Property Administrators can assess during the entire process.
L'Ordenança d'Usos del Paisatge Urbà
L'Ordenança establex on es pot emplaçar l'aire condicionat:
- At edificis no protegits pel Catalog of Architectural Heritage; to the terrace of the building.
- To the factory, only when he has not gone to the terrace and always it is not trenqui with the design of the building.
- At buildings included in the Catàleg del Patrimoni Arquitectònic Historicoartístic of Barcelona, the col·locació requires obligatory municipal licensing (art. 63.3).
They articles that regulate these col·locations son els següents:
- Art. 46.1: At new floor and comprehensive rehabilitation buildings, the devices have to prioritize the terraces.
- Art. 63.2: Is left over It is prohibited to place technical elements on façade walls, viewpoints and balconies. In this case they can overcome the tanking of the architectural buildings and have to harmonize with the solution of the tank in their location.
- Art. 40.1: The owners must Vetllar pel maintenance of the architectural composition of the façana. Barans, shutters and tendals of a constructive unit material must maintain the’homogeneity planned for the project.
- Art. 40.3: It is not possible to place installations or pipelines on the façanes, except express authorizations (basic services, telephone, electricity and gas).
How to set the air conditioning to your engine?
A cop clarifies the legal framework, this is the hierarchy of locations, from the most recommendable to the menys:
1. The terrace
És l'’emplaçament prioritari. In new buildings or comprehensive renovations it is mandatory to reserve space: article 76.1 of the Ordenança provides that these projects «"They must provide a space reserve for the particular air conditioning installations.".
2. The patio of lights
Hiding the motor from the light rail avoids visual impact. Això yes, It is important to have a cure that does not bother your veïns with heat or excess heat.
3. The façana (last option)
Només quan no hi ha alternativa. Various situations are admitted as long as it is respecting the conditions of the Ordinance:
On the balcony slab, provided that:
- It remains to be seen of the bar and of its upper limit.
- I didn't mess up the job and they separated.
- No hi hagi behaviors seen by the factory.
A l'interior, per darrere de la fusteria, provided that:
- It formed part of an integration project that respects the original composition of the factory.
- There is no change in the composition of the finishes or the original materials, without malmetre fusteries or solar protections.
- The appliance was hidden and the installations passed inside the building.
On the ground floors: No s'admet sobre la façana, els ampits ni per davant de la fusteria. Porxos and private spaces of the public take the matter into consideration that qualsevol altre espai visible from the street.
Soroll and immissions between veïns
What is the regulation on air conditioning?
Article 546-14 of the Catalan Civil Code introduces the legal concept of immunity, defined as «"annoyance caused by the owner of a property who has exercised the faculties of property and security derived from his own right of ownership.".
Consell Housfy:
The usual solution is that the vehicle reduces the power of your air conditioning. Since this is vital in the summer, certain flexibility is essential. If the dialogue does not progress, consult the Property Administrator to act as a mediator.
What is the cause of the impairment caused by air conditioning?
L'actuació depèn de la intensity of the discomfort:
- Whether the immissio is slight or not substantial, the owners have to tolerate it. In this case, the best option is to explain the problem when talking.
- If it causes substantial harm, the law obliges to tolerate - the only thing that is a consequence of the normal use of the farm - the cessation would imply a disproportionate despesa.
- If substantial immissions come from installations and administrative authorities, the affected owner may require the adoption of technically possible and economically reasonable measures to avoid damage.
What is the minimum distance from the vehicle's air conditioning?
It doesn't exist Cap minimum distance established. The Ordenança d'Usos del Paisatge Urbà focuses on three aspects:
- Prevent visual impact of the installation.
- Ensure the cure of the farm.
- Let it be clear that The terrace is the lloc on emplaçar-lo.
Furthermore, according to the document «Criteris de col·locació dels aire conditionats a la ciutat de Barcelona», install the appliance on the balcony of the community It should not be the priority option.
What if a vehicle has air conditioning without permission?
When you install an appliance without authorization, please Anar gradually increasing the measures in order to achieve the withdrawal or legalization. These are the steps, in order:
1. Friendly phase
Sovint el veí disconnected the regulations and contracted an installation company that installed the engine without studying it. Convé inform it, both to be and in understandable terms, of the contingut of the Ordenança and the Statutes, I will demand that you relocate or remove the device.
2. Requeriment per burofax
If the dialogue doesn't work, The president of the community (or the property administrator in his name) must send a burofax with proof of receipt to the owner. If the removal or modification of the installation is formally required within a certain period (for example, 15 days), it indicates an incomplete rule.
3. Complaint from the City Council
If the vei does not respond to the burofax dins of the termini, whoever sees harm by reporting the installation to the Consistori for failing to comply with the Ordenança d'Usos del Paisatge Urbà. The complaint may have this following:
- A municipal inspector will visit the property and, if the violation is confirmed, the City Council will file a disciplinary file.
- The owner will be fined and will be forced to remove or legalize the device under the threat of financial sanctions.
4. Judicial route: L'acció de cessació
If the device continues without removing or relocating, It is possible to go to a court because the action of cessation was decreed, according to article 553-40 of the Catalan Civil Code:
- Theart. 553-40.1 It is established that the owners and occupants cannot last for a term, neither in the private elements nor in the rest of the property, activities contrary to the normal coexistence of the community.
- Theart. 553-40.2 allows the presidency of the community—on its own initiative or at the request of a fourth party of the owners—to exercise the action of injunction. Once the lawsuit is presented, accompanied by the request and the certificate of agreement of the Board, the judicial authority can adopt precautionary measures, including the immediate cessation of the prohibited activity.
