Summer and good weather drive social gatherings. In swimming pools, bars or in the countryside, one of the most repeated acts these months are barbecues. Generally in very open spaces, to protect themselves from fire, smoke or strong odors, however there are also many in interior patios, terraces or balconies. But are these legal? What do the different regulations say about it?
Who has a garden, has a treasure. It could well be true, when it comes to barbecues, there is no doubt that a good open space, with the precise location for cooking, is the best possible place to gather friends or family and prepare a very typical summer barbecue.
But for those who cannot so easily enjoy this little luxury, the question arises as to whether they can cook on their roof terrace, on a balcony or in the interior patio of which they have the usufruct of the community of neighbors. All places that depend on these small institutions and that the possibility of enabling or not a barbecue falls on them.
And it is that the state and municipal regulations hardly say anything about whether these types of cooking are allowed in places where they could facilitate fires or bother other citizens. Therefore, it is necessary to go to the Horizontal Property Law, which can refer to this type of activity.
Given the uncertainty of the Horizontal Property Law, the most advisable thing is to ask the neighbors for permission beforehand
“The owner and the occupant of the apartment or premises are not allowed to carry out activities in it or in the rest of the property that are prohibited in the statutes, that are harmful to the property or that contravene the general provisions on annoying, unhealthy, harmful, dangerous activities. or illicit”. That is, can a barbecue be annoying, unhealthy, harmful, dangerous or illegal because of its fire, smoke and smell? Therein lies the key.
So and seeing that the key is in the community of neighbors without the Horizontal Property Law being clearly pronounced, the most advisable thing is to ask for permission from it. In this way, once you have the yes, you could have a barbecue in any of the indicated places and as long as no major inconvenience is generated.
In any case, and with the boom of this activity, the different ones already provide devices that avoid problems such as smoke or bad smells. In charcoal or electric formats, there are modalities whereby different systems prevent the fat from coming into contact with the heat, which ends up generating the unpleasant smoke of these kitchens.
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