Neighbours’ Cooking, Rubbish and Bad Smells: When Spanish Law Steps In

Unpleasant smells from neighbours are one of the most common problems in apartment buildings. Spanish law provides residents with protection mechanisms in such situations, El Mundo has noted. If you are part of a homeowners’ association (comunidad de propietarios), then under the Horizontal Property Law (Ley de Propiedad Horizontal), if the smells become a constant and serious nuisance to everyday life, you have the right to take the matter to court.

Living in a building with several flats means sharing common spaces and having to follow rules of coexistence. Sometimes the source of conflict is odours from neighbouring flats — for example, due to cooking, improper rubbish storage, or other causes.

If such situations happen only occasionally, they are usually resolved through a simple conversation between neighbours. However, when the smells become regular and significantly worsen living conditions, they may be considered harmful or unsanitary behaviour.

Under Article 7.2 of the Horizontal Property Law, owners and residents of flats are prohibited from carrying out activities that violate the building’s internal rules, cause damage to the property, or are considered unsanitary, harmful or dangerous. Strong unpleasant odours can fall into this category too, if they systematically affect neighbours.

The law offers several possible courses of action if a neighbour’s smell is causing problems.

1. Try to resolve the issue amicably. It is usually recommended to first speak to the neighbour and explain the problem.

2. Contact the president of the residents’ association. The president can officially demand that the activity causing the nuisance be stopped.

3. Warn of legal action. If the situation does not change, the residents’ association has the right to initiate court proceedings. The claim must be filed both against the owner of the property and the tenant.

If the case goes to court and the violation is confirmed, the judge may prohibit the neighbours from continuing the activity causing the problem, and may also award compensation for the damage caused. In serious cases, the offender may be stripped of the right to use the property for up to three years. If the offender is not the owner, they may be evicted immediately.