Can I install air conditioning in a rented flat or a community building in Spain?
It depends on where the outdoor unit goes and whether you own the home. Here's what Spanish law says and what you can do if you can't get permission.
By the ClimaEasy team. Updated
This guide is for information only and covers the general rules in Spain. It doesn't replace advice from a lawyer or your property administrator.
The short answer
- A portable air conditioner, which only vents a hose through the window, usually needs no permission.
- A split with its outdoor unit on the facade or another common area almost always needs your community of owners' permission.
- If you rent, any installation that involves building work also needs your landlord's written consent.
If you live in a community of owners
The facade, roof and courtyards are common elements of the building. Article 7 of Spain's Horizontal Property Law (Ley de Propiedad Horizontal) prevents an owner from altering them on their own, and fitting an outdoor unit on the facade counts as an alteration. So, in general, you need an agreement from the owners' meeting (junta de propietarios).
- If the community statutes (estatutos) expressly allow units on the facade, you don't need a specific agreement.
- If the statutes forbid it, you can't install one, even with your landlord's permission.
- If they say nothing, you need the meeting's authorisation.
Sources disagree on the majority required. Some guides say unanimity and others three fifths of the owners and of the shares. It depends on the type of alteration and on the statutes. Ask your property administrator (administrador de fincas) before raising it at the meeting.
The fact that other neighbours already have units on the facade doesn't mean they're authorised, nor does it give you the right to install yours without an agreement. The meeting can also decide where units must go (for example, in a courtyard or on the roof) and set conditions on noise or dripping.
If you rent
Article 23 of Spain's Urban Tenancy Law (Ley de Arrendamientos Urbanos) says a tenant can't carry out, without the landlord's consent given in writing, works that change the layout of the home. Installing a split, which means drilling the wall and fixing an outdoor unit, falls into that category.
- Ask for permission in writing and agree who pays for the unit and whether it stays when the contract ends.
- Even if your landlord agrees, if the unit goes on the facade, the community has the final say.
- A portable air conditioner or a fan involves no building work, so you usually don't need permission. Avoid damaging frames or windows when fitting the hose.
The town hall
Some municipal by-laws regulate where outdoor units can go, how far they can stick out from the facade or how condensation water must be collected, and in some cases they require a notification or a minor works licence (licencia de obra menor). Check your town's rules or ask the installer, who usually knows them.
Steps before installing a split
Check the statutes
Ask the property administrator for a copy and look for anything about facades or air conditioning units.
Get your landlord's written permission
Only if you rent. Make clear who pays and what happens when you leave.
Ask for it to go on the meeting agenda
If the statutes don't expressly allow it, ask for it to be included in the next owners' meeting.
Check the municipal by-law
See whether your town hall requires any paperwork or placement conditions.
Hire a certified installer
With the F-gas certificate. We explain it in the split guide.
If you can't get permission
You can still cool your home with a portable air conditioner or a portable split, whose outdoor unit hangs from the window without drilling. If your building is strict about the look of the facade, ask first, because the unit is visible from outside. You'll find every option in cooling without building work.
Frequently asked questions
Do I need my community's permission to install air conditioning?
If the outdoor unit goes on the facade or another common area, usually yes, unless the statutes expressly allow it. A portable air conditioner doesn't usually need it.
Can my landlord refuse a split?
Yes. Under Article 23 of Spain's Urban Tenancy Law, works that change the layout of the home need the landlord's written consent.
Can I use a portable air conditioner in a rented flat?
Usually yes, because it involves no building work. You just need to vent the hose through a window without damaging the property.
If my neighbours already have units on the facade, can I install mine?
Not automatically. Other units being there doesn't mean they're authorised. Check the statutes or ask for an agreement from the owners' meeting.