Whoever has a terrace has a treasure. It is a source of joy to share with friends and family ... but how to do it without getting into trouble with neighbors? A) Yes.
The houses with terrace are the envy of those who do not have. But they are also generators of problems between neighbors because they often generate noise, smells etc.
What are the limits that a user of a terrace must respect?
tenants on terrace apartment for rent
Naturally, there is a limit to common sense and respect for good coexistence. At the legal level, lease agreements usually include a clause that allows the contract to be terminated in those cases where the tenant generates noise or disturbs. And if the person who generates them is the owner of the home, they should also refrain from carrying out activities that could bother their neighbors.
Likewise, it will be necessary to check which are the provisions that indicate the statutes of the community of owners in order to determine which activities are prohibited and which are not.
How much noise can be made?
food on the terrace of the apartment for rent
In case of causing inconvenience, neighbors or other owners, may report the facts to the president of the community to ask the author of these noises, to stop provoking them. Article 7.2 of the horizontal property law, establishes that neither the owner nor the occupant of the flat or premises is not allowed to develop in it or in the rest of the property activities prohibited in the statutes, that are harmful to the property or that contravene the general provisions on annoying, unhealthy, harmful, dangerous or illicit activities.
It is the task of the president of the community to ask whoever is doing those annoying activities or generating noise, so that he stops doing them. In case it persists, the community of owners may initiate the pertinent legal actions to force the offender to cease these annoying activities.
On the other hand, the municipal ordinances also establish limits regarding the level of noise that can be generated in a terrace and that as a consequence may cause inconvenience to neighbors. In this case, it will be necessary to demonstrate through expert evidence that these noises exceed what is legally permitted.
Can you make barbecues?
barbecue on terrace
Holding a barbecue on my terrace can be more or less dangerous depending on the circumstances of that terrace, on which floor it is, whether it is covered or not, etc.
In this regard, we must comply with Article 7.2 of the Law on horizontal property, discussed above, in that it is not possible to generate annoying or dangerous activities. So it is not the same that who celebrates a barbecue is the one of the penthouse that the one of the first one. In this case, the smoke and odors can cause discomfort to the neighbors of the upper floors, who can initiate the actions already commented so that the author of these activities stops causing them.
You can read more about the legal aspects of barbecues on the terraces here.
Can there be dogs?
dog on terrace apartment rent
It is common for some people to leave the dog on the terrace during the day, go to work and the dog will bark all day, causing obvious discomfort to the neighbors. In this case, not only will it assume that the provisions of article 7.2 LPH are activated, but it can also be the cause of the imposition of administrative sanctions.
In addition, article 1905 Civil Code establishes that the possessor of an animal, or the one who uses it, is responsible for the damages it causes, even if it is lost or lost. Therefore, the damage that may cause the dog, its barking, etc., may be claimed by the courts to the owner thereof, within the framework of neighborly relations.
It will also be necessary to observe, in the case that the owner of the animal, was a tenant, if the lease allows the possession of dogs in the house, because if it does not allow it, it would be cause for contract termination.