Installation Of Air Conditioning On The Facade Of The Building

Both in summer to try to cope with the heat in the house, and in winter by the good offers of air conditioning that we are, the installation of an air conditioner on the facade of the building creates a widespread doubt among the neighbors of a community Can I install an air conditioner on the facade of the building?

Before this question, we must verify the Ordinances of our City Council, since it is usually regulated both the operation and installation of air conditioning to protect the environment. Also in the General Plans of Ordination, there are specific provisions about the distance that the facility must keep with the neighboring windows or how many centimeters can stand out from the plane of the façade.

There may also be bans on operation at night, to avoid discomfort with their noises and vibrations.

The City can sanction us if our installation does not comply with the regulations. The sanction will depend on the severity of the breach and the municipality in which our home is located.

We must not only make sure that we are not going to have problems with our City Council. The Community of Owners also has a lot to say on this subject.

In the first place, it is advisable to consult the Statutes of the Community of Owners. If the installation of the air conditioning on the façade is expressly authorized, we will not need the consent of the Community. If they prohibit it, we cannot do it.

In case the Statutes do not indicate anything, we need the consent of the Community of Owners to install the air conditioner on the facade of the building.

To obtain the consent, we need it to be approved in the Owners’ Meeting. After the reform that Horizontal Property has suffered by Law 8/2013 of June 26, 2013, a series of majorities are established, in Article 17, which depend on the type of agreement that is intended to be adopted, and a generic one for what is not is expressly contemplated, as is the case with the installation of air conditioning.

Therefore, we would need the Owners’ Meeting to vote in favor of the majority of the total number of owners who, in turn, represent the majority of participation fees. And in the second call, it would be enough for the majority of the attendees, if they serve, in turn, more than half of the value of the fees of those present at the Meeting.

And what happens if we do it without consent?

For any work, we do in a typical element (the façade is a common element) without the corresponding valid agreement of the Board, or without the Statutes permitting it, the Community of Owners can legally demand that we remove it and leave it as it was before to do the work.

The community will have a term of 5 years to make that claim, as provided in art. 1964 of the Civil Code, recently reformed. The time begins when the community is aware of the performance of the work that is not understood.

What if the installation is in an interior courtyard and not in the facade?

In those cases in which the façade is not altered, there is jurisprudence that understands that the consent of the Community of Neighbors would not be necessary since it is necessary to be aware of the social reality and the right of the owner to maintain his home in the best conditions of habitability that are possible.