The Provincial Court of Barcelona has considered that a community of neighbors could prohibit a neighbor from installing the outdoor air conditioning machine on the roof even though he did not have a balcony on which to put it. And, in this case, the refusal was justified because the roof was used by the rest of the neighbors for hanging clothes and the air and noise could bother another neighbor who lived next to it.
According to the ruling of April 24, 2026, after purchasing the home, the owner asked the community for permission to put the air conditioning compressor on the roof of the buildingbut they were denied it at the owners’ meeting. To do so, they argued that the roof that other neighbors used had to be kept free. to hang clothes; that the fact of putting it up could bother the neighbor who lived next to the roof; and that they didn’t want to set precedents for other owners to put their machines there too.
The owner, considering that the community was violating his rights, decided to sue, because as he alleged, the installation neither affected the structure nor the aesthetics of the building nor did it prevent the use of the roof. However, the Court of First Instance number 49 of Barcelona dismissed his claim, something that was later confirmed by the Provincial Court.
The community could prevent the installation to preserve the use of the roof and avoid disturbing other neighbors.
Although article 553-36 of the Civil Code of Catalonia allows owners to carry out works in their homes, they must have the authorization of the community of neighbors when they modify the common elements of the building.
In this case, the owner claimed that he had no other alternative to place the device because his home did not have a balcony and municipal regulations did not allow it to be installed on the facade.
However, according to the Court, the community’s refusal was not unjustified or discriminatory, since there were legitimate reasons to keep the roof clear and protect the neighbor whose home was next to it.
Furthermore, although according to the owner his air conditioning would not cause a nuisance, allowing him to put it on could mean that other neighbors would also want to do it and that would increase the risk of disturbing the owner who lived next to the roof.
There were other alternatives to install air conditioning
Another point that was taken into account was that the compressor could be installed on another roof of the building, located at a higher level of the community terrace, although it was a more complex solution, as explained by the technicians, because more meters and pipes had to be used.
Despite this, for the Court, the fact that there was an alternative that would avoid inconvenience to other neighbors and allow the roof to continue being used as up to now meant that the community was not obliged to accept that it could be used on the roof.
On the other hand, it was also recalled that, according to the doctrine of the Superior Court of Justice of Catalonia on the abuse of rights in communities of owners, a community may oppose modifications of common elements that exclusively benefit one of its owners, as long as its refusal responds to a legitimate interest and is not intended to harm it.
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Despite this, the sentence (SAP B 4426/2026) was not final and could be appealed in cassation.