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Professional Advice

Pregunta al Administrador de Fincas: Barbacoa en un ático

I live in a penthouse on the outskirts of Murcia, and I want to buy a barbecue to meet me on my terrace with my friends and make meals in the exterior, but I don’t know if this is allowed and is legal. Thank you.

Luis Alberto M.

Administrator:  Juan López

Firstly notice, that it in any case it must be movible barbacue, not involving a work on the terrace (barbecue of stone) that could involve the alteration of the aesthetics of it, because we must not forget that although you have the right to the exclusive use of the same, the terrace is a common element. On the other hand, although in principle you could Cook in these barbacue in the exteriror, we can not forget Article 7.2 of the Horizontal property law: “the owner and the occupant of the apartment or premises are not allowed to develop on it or in the rest of the building activities prohibited in the statutes, which are harmful to the estate or that contravene the General provisions on annoying activities unhealthy, noxious, dangerous or illegal”. And such activity may enter within what is considered as a hazardous activity for the safety of the building and the rest of owners. Therefore in the first place I recommend to check your community statutes and the internal regulations, as it may be the activity in these regulated standards, permitting or not. If not to say anything about it, in principle not norm that expressly forbid you this activity, however there are irrigation which may involve (that will depend on different factors, like the type of barbecue that is, the dimension of the terrace, the smoke generated by…), that the realization of it, is not recommended more if a neighbor can annoy you , although it is true, that there is any legal consequence this activity the inconvenience caused must be intense and repeated. All this without prejudice to whatever municipal ordinances, pro that we recommend that you contact the office of the City Hall to meet also the relevant legislation.

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