With the arrival of summer, many people in Spain want to install air conditioning in their homes, even if they’re not the owners but just renting. However, to do so, they must take into account two fundamental aspects, that their landlord allows them to do so, and that this installation is done in accordance with the rules of the community of owners in which they live.
Talk to the homeowner
The first thing to do is to reread the contract, since it’s possible that something is written about this very matter. If you need it translated, you're best off talking to a lawyer. In the event that nothing is established about this in the contract, the most prudent thing to avoid possible problems in the future is always to communicate to the property owner your desire to install air conditioning, requesting their consent in writing. In addition, it is even advisable to tell them what kind of device it is (make, model, dimensions) and how and where it would be installed.
Article 23 of the Spanish Urban Leasing Law (Ley de Arrendamientos Urbanos or LAU) establishes that the tenant may not carry out works that modify the configuration of the property without the written consent of the landlord. Furthermore, if the lessee acted without the express permission of the lessor, the law allows them to demand things be returned to their previous state at the end of the lease, although the landlord may also choose to keep the modification without the tenant being able to claim any compensation.
That said, it’s always necessary to analyse the specific circumstances of each case, since there are some court judgments that have even pointed out that the installation of an air conditioning unit by a tenant does not imply a change in the house’s configuration nor does it affect the structure. It doesn’t imply an essential change, but merely a change of detail consisting of alterations that don’t affect the property or its disposition.
The rules of the homeowner’s association
Normally, the installation of an AC unit on the outside of a building creates a general feeling doubt and uneasiness among the neighbours of a community. For this reason, once we have the landlord’s permission it is important that we also consult the rules established by the homeowner’s association because sometimes they contain a specific stipulation on where the machine should go.
If the statutes of the community of owners expressly authorise the installation of air conditioning on the building’s façade, you will not need the consent of the community. If the statutes prohibit this, we will not be able to put in any central air system even with the permission of our landlord.
If the statutes don’t say anything about this, we will need the consent of the residents' community to install the air conditioning unit on the exterior of the building. To obtain this consent, it needs to be approved in an Owners' Meeting, with the general understanding that a majority vote would be sufficient to allow it. This will be especially true for the installation of domestic appliances which do not require drilling into the wall, do not alter the aesthetics of the building and do not harm another homeowner.
What does the Town Hall say?
Also, don't forget to check the local council's regulations as they usually regulate both the operation and the installation of air conditioning to protect the environment. This means that if you don’t comply with these laws, the City Council (Ayuntamiento) can fine you or worse.
The particular punishment will depend on the seriousness of the infraction (e.g. location of the appliance or the permitted noise level of the air conditioning) and the municipality of Spain in which the property is located.
If you have any questions, the Spanish law firm Legálitas offers idealista readers the possibility of consulting a lawyer with expertise in real estate law, free of charge. You can ask them your questions and get advice whether you are a landlord or a tenant.
Original article written by Asunción Santos, a lawyer at Legálitas
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