05 Jul Barbecues in Barcelona

Barbecues in Barcelona: What Many Neighbours Think They Know and What Really Needs to Be Checked

With the arrival of good weather and, especially, during the spring and summer months, one question repeatedly arises in many homeowners’ associations: are barbecues allowed in Barcelona?

The question seems simple, but the answer is not quite so straightforward.

Can you have a barbecue on the balcony of a home? What about on a private terrace? What happens in inner courtyards or backyards of apartment buildings? Can a communal rooftop terrace be used to organise a barbecue? What if we live in a detached house with a garden? Are there differences between charcoal, gas and electric barbecues?

To all these questions, we must add others that are often at the root of many neighbourhood disputes: what happens when smoke enters other neighbours’ homes? Can a homeowners’ association prohibit barbecues? Is it possible to regulate their use through the association’s bylaws or internal regulations?

Very different and, at times, excessively categorical answers can be found on the Internet. For this reason, before stating that barbecues are permitted or prohibited in Barcelona, it is advisable to analyse each specific situation.

Are barbecues prohibited in Barcelona?

The first issue we need to clarify is probably the most important.

It is not correct to state, as a general rule and without further qualification, that there is an absolute prohibition in the city of Barcelona on having barbecues on all balconies, terraces, patios or private spaces.

However, it would also be incorrect to claim the opposite and assume that simply because we are on private property, we can have a barbecue without taking any restrictions into account.

The legal reality is considerably more complex.

To determine whether a barbecue is permitted, different circumstances must be analysed: the place where it is held, the characteristics of the property, the type of barbecue used, the risk of fire, proximity to a forest area, the rules of the homeowners’ association and, in particular, the nuisance that smoke, odours or noise may cause to other people.

Therefore, the correct question should not simply be:

“Are barbecues allowed in Barcelona?”

The question should be:

“Can I have this barbecue, in this specific place, using this type of equipment, without breaching the regulations or causing harm to my neighbours?”

And the answer will depend on the circumstances of each case.

Barbecues on apartment balconies in Barcelona

Having a barbecue on the balcony of a home is probably one of the situations that can cause the most problems.

Balconies are usually located very close to other homes. Smoke can easily rise to the upper floors, enter through windows and doors, affect clothes hanging out to dry or cause nuisance to people on other terraces or balconies.

The risk arising from fire, embers and the proximity of awnings, furniture, plants, flammable materials or other elements of the building must also be assessed.

For this reason, although we cannot generally state that any barbecue on a balcony is automatically prohibited, having one can cause significant problems from the point of view of coexistence, safety and relations between neighbours.

Charcoal or wood barbecues can be particularly problematic due to the production of smoke, ash, sparks and odours.

Can you have a barbecue on a private terrace?

Private terraces present a similar situation, although circumstances can vary considerably depending on their size and location.

A small terrace surrounded by other homes is not the same as a large terrace located in a penthouse and away from nearby windows.

Nor is having an occasional barbecue the same as using one regularly every weekend throughout the summer.

For this reason, in the event of a dispute, issues such as the distance from other homes, the intensity and frequency of smoke, the type of fuel used, the existence of risks to the building and the rules approved by the homeowners’ association must be analysed.

The fact that a terrace is for private use does not necessarily mean that it can be used in any way whatsoever.

The right to use private property must be balanced with the rights of the other owners and residents of the building.

Barbecues in inner courtyards and backyards of apartment buildings

Inner courtyards and backyards are another common source of neighbourhood disputes.

In many buildings in Barcelona, homes located on the ground floor or first floors have courtyards for private use.

In these spaces, the main problem is usually the spread of smoke to the homes above.

The configuration of inner courtyards can cause smoke to rise and enter directly through the windows, balconies or galleries of other neighbours.

One person may consider that they are legitimately using their private courtyard while, several floors above, another family may be experiencing smoke and odours inside their home.

These types of situations require an analysis of the intensity, frequency and duration of the nuisance.

An exceptional barbecue is not the same as an activity repeated several times a week.

Nor is a small electric barbecue the same as a large installation fuelled by charcoal or wood.

For this reason, disputes related to barbecues in inner courtyards must be analysed on a case-by-case basis.

Can barbecues be held on communal rooftop terraces?

In Barcelona, many buildings have communal rooftops or rooftop terraces.

In these cases, we must bear in mind a fundamental issue: we are using a common element of the property.

Therefore, no owner should assume that they can freely use the rooftop terrace for any activity without taking into account the rules and agreements of the homeowners’ association.

Before organising a barbecue on a communal rooftop terrace, it is advisable to check the association’s bylaws, internal regulations and the agreements adopted by the owners’ meeting.

Safety conditions, fire risk, the presence of communal installations and possible nuisance to neighbours must also be assessed.

A homeowners’ association may establish rules governing the use of its common elements.

It is precisely for this reason that associations with communal terraces, gardens, swimming pools, courtyards or rooftops should have clear rules regarding their use.

Barbecues in communal areas

Some homeowners’ associations have gardens, courtyards or shared outdoor spaces.

In these cases, the association may regulate the use of these spaces.

Good regulations may determine, for example, whether or not barbecues are permitted, what types of equipment may be used, in which locations, during what hours, with what safety measures and under what conditions.

Regulating these matters before problems arise is usually much more effective than trying to solve them once a dispute between neighbours has already developed.

Barbecues in detached houses with gardens or patios

Detached houses with their own garden or patio generally present a different situation.

There is usually greater separation from other homes and, therefore, the likelihood of causing nuisance may be lower.

However, living in a detached house does not mean that fires can be lit without any restrictions.

Possible effects on neighbours, fire risk, proximity to forest land and restrictions that may be imposed by the competent authorities during certain periods of the year or situations of high risk must all be taken into account.

Special attention to Collserola and areas close to forest land

This is a particularly important issue in Barcelona.

Homes located near Collserola or other forest areas must take into account Catalan regulations on forest fire prevention.

The use of fire on forest land and in certain nearby areas is subject to significant restrictions, particularly during periods of higher fire risk.

Therefore, before organising a barbecue at a home near a forest area, it is essential to check the regulations in force, existing temporary restrictions and the instructions issued by the competent authorities.

In these cases, the analysis must be particularly cautious.

Is a charcoal, gas or electric barbecue the same?

Not all barbecues have the same characteristics or generate the same risks and nuisance.

Charcoal and wood barbecues generally produce more smoke, ash, sparks and odours.

Gas barbecues may reduce some of these problems, although they still require appropriate conditions of use and safety.

Electric barbecues generally produce less smoke and eliminate certain risks related to embers or flames produced by solid fuels.

However, this does not mean that any electric barbecue can be used in any place or circumstance.

The type of equipment is only one of the factors that must be analysed.

Smoke and odours: the source of many disputes between neighbours

In my professional experience as a mediator in Barcelona, one of the main problems related to barbecues is not necessarily the existence of the barbecue itself, but the consequences of its use.

Smoke enters a neighbour’s home.

Clothes hanging out to dry become impregnated with odours.

Windows cannot be opened.

Barbecues are held every weekend.

Large gatherings are organised until late at night.

Conversations and celebrations generate noise.

A situation that may initially have seemed like a simple nuisance ends up seriously damaging relations between neighbours.

And when the conflict continues for months or years, the problem is no longer simply the barbecue.

Arguments, reproaches, confrontations at homeowners’ association meetings, unpleasant messages, complaints and, in some cases, legal proceedings begin to appear.

What do Catalan regulations say about nuisance activities?

In homeowners’ associations in Catalonia, particular attention must be paid to the horizontal property regime regulated by the Civil Code of Catalonia.

The law allows action to be taken against activities that are contrary to normal coexistence within the association, that damage or endanger the property or that are prohibited by the bylaws, urban planning regulations or the law.

This means that the analysis of a dispute related to a barbecue should not be limited solely to searching for a rule containing the word “barbecue”.

The circumstances as a whole must be analysed.

Is there a nuisance?

Is it occasional or repeated?

Does smoke enter other homes?

Is there a risk to the building?

Are the bylaws being breached?

Are there internal regulations?

Has the homeowners’ association adopted any agreement on this matter?

All these questions may be relevant.

Can a homeowners’ association prohibit barbecues?

This is another common question.

Homeowners’ associations may establish rules intended to regulate coexistence and the use of common elements.

There may also be provisions in the bylaws relating to certain activities.

However, before approving a prohibition or amending the bylaws, it is advisable to legally examine the specific situation and determine which instrument is most appropriate.

Not all matters necessarily require the bylaws to be amended.

In some cases, it may be sufficient to approve or update internal regulations.

In others, depending on the content and scope of the regulation, an amendment to the bylaws may be advisable.

For this reason, before adopting an agreement, it is important to analyse what is to be regulated, what majorities are required and which legal instrument is the most appropriate.

Bylaws and internal regulations: preventing disputes before they arise

Many homeowners’ associations have old bylaws that have not been updated for decades.

Other associations do not even have internal regulations.

However, the reality of neighbourhood coexistence has changed considerably.

Nowadays, disputes may arise in relation to barbecues, the use of terraces and courtyards, swimming pools, parties, noise, pets, bicycles, electric scooters, the use of communal areas, tourist rentals and many other issues.

Having clear rules can help prevent many problems.

As a lawyer and mediator, I can help homeowners’ associations examine their specific situation and draft, review or update their bylaws and internal regulations.

The aim should not be to fill homeowners’ associations with prohibitions.

The aim should be to establish clear, reasonable rules adapted to the characteristics of each property in order to facilitate coexistence and prevent future disputes.

What can a neighbour affected by barbecue smoke do?

When a neighbour believes that they are suffering nuisance from barbecues held at another property, it is advisable to act progressively and proportionately.

The first step may be to try to speak to the other person.

Sometimes, the person having the barbecue is unaware of the extent of the nuisance they are causing.

If direct dialogue does not work, it may be advisable to inform the president of the homeowners’ association and the property manager.

The bylaws, internal regulations and agreements adopted by the association should also be reviewed.

Depending on the seriousness and persistence of the nuisance, other actions may be considered.

However, before starting an escalation of complaints, formal notices and legal proceedings, it may be advisable to consider mediation.

Mediation in neighbourhood disputes involving barbecues

Disputes related to barbecues are a good example of situations in which mediation can be particularly useful.

On many occasions, the initial positions are very simple.

One neighbour says:

“I am in my own home and I can do whatever I want.”

The other replies:

“I cannot live with smoke constantly coming through my windows.”

If the dispute continues to escalate, each party tries to prove that they are completely right and that the other is completely wrong.

Mediation allows the situation to be approached differently.

The frequency of the barbecues, the times at which they are held, the location of the equipment, the type of barbecue used, the direction of the smoke, the proximity of other homes and possible alternatives can all be analysed.

Sometimes relatively simple agreements can be reached.

Changing the location of the barbecue.

Limiting its frequency.

Establishing certain times.

Using a different type of equipment.

Giving prior notice on certain occasions.

Taking measures to reduce smoke and nuisance.

Every dispute is different and every solution must be adapted to the needs of the people involved.

Why may it be advisable to consult a mediator before taking legal action?

Disputes between neighbours have one particular characteristic: the people involved will continue to live in the same building after the proceedings have ended.

For this reason, winning an argument or even obtaining a favourable ruling does not always mean solving the coexistence problem.

Mediation allows people to explain how they experience the situation, identify the real problems and seek practical solutions.

In addition, appropriate dispute resolution methods have now acquired particular importance within the Spanish legal system.

For this reason, before initiating certain legal actions, it is advisable to seek advice on the different possibilities available to try to resolve the dispute.

What can I do as a mediator and lawyer in disputes involving barbecues?

As a conflict mediator and lawyer in Barcelona, I can intervene at different stages.

I can help a neighbour who is suffering nuisance and does not know how to proceed.

I can advise a person who has received complaints from their neighbours or the homeowners’ association.

I can intervene as a mediator between the people involved.

I can help a homeowners’ association manage a neighbourhood dispute.

I can also examine, draft, review or update the bylaws and internal regulations of homeowners’ associations.

In these cases, the objective is twofold.

On the one hand, to try to resolve existing disputes.

On the other hand, to help prevent new problems through clear rules adapted to the reality of each homeowners’ association.

Barbecues in Barcelona: each case must be analysed individually

After everything explained above, we can return to the initial question.

Are barbecues allowed in Barcelona?

The most prudent answer is that we should avoid general statements.

Not all barbecues are the same.

Not all buildings are the same.

A small balcony is not the same as a large terrace.

An inner courtyard in an apartment building is not the same as the garden of a detached house.

An occasional barbecue is not the same as having barbecues every weekend.

An electric barbecue is not the same as a charcoal or wood barbecue.

Nor is living in an urban area away from forest land the same as being located near Collserola.

For this reason, before stating that a barbecue is permitted or prohibited, it is advisable to analyse the applicable regulations, the characteristics of the property, the rules of the homeowners’ association, the specific circumstances and the nuisance that may be caused.

Do you have a neighbourhood dispute related to a barbecue?

If you are experiencing problems with a neighbour due to smoke, odours, noise or the use of a barbecue, I can help you examine the situation and assess the different options available in order to try to find a solution.

As a conflict mediator in Barcelona, I work with neighbourhood disputes and homeowners’ associations.

And as a lawyer, I can also help homeowners’ associations draft, review and update their bylaws and internal regulations, not only in relation to barbecues, but also to regulate other issues related to coexistence and the use of common areas.

 

Daniel Sererols Villalón

Lawyer and conflict mediator in Barcelona

Telephone: 661 463 306

Email: daniel@mediadorconflictos.com