Neighborhood barbecues can become a touchy subject. We address your rights and responsibilities when your neighbor from the same community decides to have a barbecue, focusing on issues such as nuisance, permitted hours and local regulations.
When the temperatures rise, nothing is more pleasant than a good barbecue in the open air. However, if you are one of those who suffers from the neighbor’s barbecues, it is important to know your rights and local regulations. According to the Horizontal Property Law and municipal ordinances, there are measures to take if smoke, noise or smell bother you.
What does the Horizontal Property Law say?
The Spanish Horizontal Property Law establishes that no owner can carry out activities in his home that are harmful to the property or that cause inconvenience to other residents. This can include smoke, noise and odors emanating from a barbecue. However, determining what constitutes a ‘nuisance’ can be subjective and will vary from community to community.
What are the time restrictions for barbecues?
Barbecue hours in residential areas may vary depending on local ordinances. Barbecues are generally allowed during the day, but are limited at night to avoid disturbance. Be sure to check with your local council for specific restrictions in your area.
What should I do if my neighbor’s barbecue bothers me?
If the smoke, noise or smell of your neighbor’s barbecue bothers you, the first step should be to try to talk to him in a friendly way. In many cases, this simple act of communication can resolve the issue. If this doesn’t work, you can file a formal complaint with the neighborhood community or your town hall.
What can local authorities do about it?
Local authorities have the power to impose fines or bans on residents who violate municipal ordinances. In extreme cases, if barbecues are a persistent problem and create an unbearable environment for neighbors, the homeowners’ association may sue the offending neighbor.
In summary, although barbecues can be a nice way to enjoy the good weather, it is important to be aware of the rights of others and ensure that our activities do not cause unnecessary disturbance. Remember, it is always better to resolve these issues through friendly communication and mutual respect.
