Can I put an air-conditioning unit on the façade?

Question

José Manuel Alburquerque · Accepted Answer

If the outdoor unit is hung on the façade or the façade has to be drilled to run the pipes through, you need a resolution of the owners' general meeting, because the façade is common and the unit changes its appearance. Where it alters the external image of the building, that resolution requires four-fifths of the owners and of the participation shares. If the unit goes inside your flat or on a terrace that forms part of it, without being visible from outside or affecting common parts, it is enough to notify the president or the managing agent beforehand. If the owners' association (the “comunidad de propietarios”) has allowed identical units for other neighbours, in principle it cannot refuse yours. In addition, you must comply with the town council's rules, which are a different check. When a resolution is needed and when notice is enough The Catalan Civil Code allows owners to carry out works in their own flat if they do not alter common parts or the external appearance of the building, provided they notify the president or the managing agent beforehand. The façade is common, including the parts facing the inner courtyards. So, as a general rule: You need a resolution of the general meeting if the unit goes on the façade, on a balcony railing or on the roof, or if holes have to be made in a common wall for the pipes or the drain. Notice is enough if the unit goes inside the flat or on a terrace that forms part of it, provided it cannot be seen from outside and does not affect common parts. If the unit changes the external image of the building, the resolution requires the votes of four-fifths of the owners, that is, 80 %, who must also hold four-fifths of the participation shares, the percentage each flat holds in the building. Those who do not attend the meeting count in favour if they do not object in writing within the month following notification of the resolution. To avoid disputes, many owners' associations approve conditions for everyone, such as a designated place for the units or a requirement that they cannot be seen from the street. In the rest of Spain, the Horizontal Property Act (“Ley de Propiedad Horizontal”) does not allow the façade to be altered without authorisation either, which is given by three-fifths of the owners and of the shares. Units already on the façade If the owners' association has allowed other neighbours identical units on the same façade, in principle it cannot refuse you. The Catalan courts have said that a neighbour cannot be refused what has been allowed to others. If the other units are different or there is no resolution covering them, that argument does not work. The “Audiencia Provincial” of Barcelona, the provincial appeal court, ordered a unit to be removed even though there were others on the façade. If a unit has been installed for years in full view of everyone, it may be deemed to have been consented to, but only if several conditions are met, including that the owners' association has not objected within the four years following its installation. Even if it is authorised, the unit must not cause the neighbours nuisance such as noise, vibration, heat or dripping. If it does, the neighbours affected and the owners' association can demand that the nuisance stop and that they be compensated for the damage. What the town council requires The owners' association's permission and the town council's rules are two different checks. One does not replace the other. Municipal ordinances usually restrict units that can be seen from the street and the noise they can make. In Barcelona, the installation is also subject to its own processing rules. Before installing it, it is advisable to have the installer or a building professional check what the town council requires.