What the Horizontal Property Law says and does not say about fans: when their use becomes a problem

With summer just around the corner and part of the country fooling around with 30º, more and more homes in Spain indulge in the 'pre-summer' ritual: the fans are installed, the air conditioners are checked and the compulsive search for tips to make the torrid afternoons more bearable at home begins. With that backdrop, there is a question that has been circulating on the Internet in recent weeks: What does the law say about ventilators? If my neighbor uses a noisy one, can I have him change it? What if it is my device that causes discomfort?

As is usually the case when we talk about blocks of flats, the most advisable thing is to resort to the 'bible' of neighborhood coexistence, the Horizontal Property Law.

What has happened? If you go to Google and search for information about fans and laws, you will find a few recent articles that, with greater or lesser force, warn of "complaints", "displeasures" or even "sanctions" for improper use of these appliances. All supposedly based on the Horizontal Property Law (LPH).

The reality is somewhat more complicated. It is true that the LPH establishes a regulatory framework that can be applied in cases where the use of a fan causes obvious discomfort, but it is equally true that the LPH does not specifically talk about fans (in fact the guidelines it establishes are very general) and the general 'picture' must be completed with other regulations, such as the Noise Law or local ordinances.

What does the LPH say? The article that interests us most here is the seventh. To be more precise, its section two. In it, the Horizontal Property Law clarifies: "The owner and 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 or illicit activities."

The guideline is quite general, but as the Uncibay Abogados firm explains, a persistent, intense noise, perceptible from the rest of the homes and repeated at odd hours, could be considered a "nuisance activity" and, therefore, be affected by article 7.2 of the LPH. As for its source, it can be caused by a party, a dog that doesn't stop barking at night, a neighbor determined to move furniture at dawn... or an old appliance, such as a fan that vibrates and squeaks.

What to do in those cases? In general, the LPH explains to us that when "annoying, unhealthy, harmful, dangerous or illicit activities" occur, it is normal for the president of the community to speak with the problematic neighbor to correct them. The first thing, therefore, is dialogue. If that does not work and the nuisance continues, the homeowners' meeting must meet and approve more severe measures, such as taking the issue to court. After this procedure, the judge can order "as a precautionary measure" the cessation of the annoying activities.

And that would be just the first step.

"If the sentence is upheld, it may provide, in addition to the definitive transfer of the prohibited activity and the compensation for damages that may be appropriate, the deprivation of the right to use the home or premises for a period of no more than three years, depending on the seriousness of the infraction and the damages caused," clarifies the LPH. "If the offender is not the owner, the sentence may declare all rights relating to the home or premises extinguished, as well as its immediate release."

Are there more rules? Yes, there is more legislation that should be taken into account. For example, the Noise Law (37/2003), the Civil Code and local ordinances. That of Madrid, for example, addresses the issue in its article 46: "The owners or users of radio receivers, television, music equipment, household appliances, air conditioning devices or instruments and, in general, any domestic sound source, must install them and adjust their use, in a way that complies with the limitations of this ordinance, in order not to disturb good coexistence."

The same standard details the "sound level limits" and "noise indices" that must be applied in spaces with healthcare, residential, hospitality or educational use, among others. In general, within a home the limit is usually set at 35 decibels during daylight hours, more or less the equivalent of a calm conversation between two people. If we talk about nights, that barrier extends to 30 dB.

If we want to apply it to the use of fans, the conclusion is clear: the law establishes a framework, but it only applies when the device causes obvious and demonstrable discomfort.

Images | Nameofmin (Unsplash) and Jason Anderson (Unsplash)