Air conditioning in a residents' community: permits

Do I need the community's permission to install it?

There is a notice and an agreement, and the agreement depends on where the outdoor unit goes.

1. Prior notice. Anyone planning works in their home must first notify the chair or the management of the community.¹
2. Board agreement, if the work involves altering common elements.¹ As the façade and roof are common elements,¹ placing the outdoor unit there is the option most likely to require it.

Majorities depend on what is voted. The rule is that, unless a different majority applies, agreements are adopted by simple majority: the votes and shares in favour of those who take part must exceed the votes and shares against.¹ But other cases require more:

• Assigning exclusive use of courtyards, terraces, roofs or other common elements to a dwelling requires the favourable vote of all owners entitled to vote.¹
• Physical innovations affecting the structure or external configuration require, except for the exceptions set out in the article itself, four fifths of the owners and of the shares.¹

Which majority applies to your case depends on how the installation is proposed and on the by-laws; ask the management or a legal professional before voting.

The risk of bypassing the board is real. The community can require you to restore the original state of the common elements altered without its consent.¹ The community is considered to have consented only if the work is notorious, does not reduce the building's solidity, does not occupy common elements or create new easements, and the community has not objected within the four-year limitation period from the end of the work.¹ Do not treat this as a strategy: if the work occupies common elements, that route will not protect you.

Where can the outdoor unit go in Barcelona?

According to the Ajuntament de Barcelona's criteria, air conditioning must preferably be placed on the roof of the building and, if that is not possible, on the façade depending on the building type. In major refurbishments it must go on the roof.² These criteria are a municipal document we have not been able to check against a more recent version: confirm with the Ajuntament that they remain in force.

In unprotected buildings whose façade is composed in one plane, the criteria distinguish:

• They accept the unit on the balcony slab, behind the railing and below its upper edge, with no visible ducts on the façade.²
• They accept placing it inside the building, behind the window frames, with an integration project.²
• They do not accept placing it on the façade, on window sills or in front of the window frames.²

If your building is listed in the Catalogue of Architectural Heritage, placement is assessed individually according to the building's characteristics and its catalogue entry.² Do not accept a general rule without checking it.

On the internal courtyard: the official sources we have read do not set a specific rule for it, so we cannot tell you whether it is a valid option in your block. Ask the management.

Each location has its cost: the roof is preferred, but it is a common element and requires the board's agreement;¹ the balcony is more accessible, but it limits the height of the unit and requires hiding the ducts.²

Is a city council licence required?

According to the Ajuntament's criteria, installing air conditioning units and the overall integration projects for the units are subject to a planning permit (licencia urbanística).² This is the only official reference we have found on this procedure: we have not located it in the electronic office, so this guide does not link to one. Ask the Ajuntament or the installer which procedure applies to your case before you start.

And the noise from the outdoor unit?

The official texts we have read do not set a decibel limit for outdoor units. The Ajuntament's criteria only require compliance at all times with the Environmental Ordinance.² That is why we give no figure.

Noise can still cause problems with the community and neighbours, especially if the unit is near other people's windows. Before choosing the location, consider who the unit will affect and ask the installer for the equipment's noise figure in its technical data sheet.

Who can install it?

Installations subject to the RITE must be carried out by an authorised installer company, and their maintenance by an authorised maintenance company.³ Ask the company to also handle the paperwork with the community and to check the licence question, and to put this in writing in the quote.