Yes: your community of owners can make you remove or relocate an air conditioning unit, but only in specific circumstances. It mainly happens when the outdoor unit is installed without permission on the façade, the roof terrace or another common element, when the community statutes forbid it, when the building already had a pre-installation, or when the unit causes objective nuisance to neighbours.
On the Costa del Sol this is no minor issue: 81% of the flats for sale in our catalogue advertise air conditioning. A recent ruling by the Provincial Court of Tarragona has reopened the debate, so we review what the law says, what the courts have decided and how to install a system without risking having to take it down.
When can you be forced to remove your air conditioning?
A neighbour simply disliking the unit is not enough. The community, or in some cases the town hall, can require you to remove or relocate it in these situations:
- It was installed without authorisation on a common element, such as the façade, the roof terrace or a light well, and alters the building's appearance.
- The statutes expressly prohibit units on the façade or the roof.
- It breaches municipal rules, which are stricter in historic centres and listed buildings.
- It causes objective nuisance: excessive noise, vibration, dripping or hot air blown towards another home.
- It is poorly anchored or puts the building's safety at risk.
- The building already had a pre-installation, yet units were hung on the façade.
What does Spain's Horizontal Property Act say about air conditioning?
The Act does not mention air conditioning, but its Article 7 settles most cases. Section 1 allows each owner to modify the installations in their home if this does not affect the building's safety, structure or exterior appearance or harm other neighbours, provided they notify the community beforehand. On common elements, however, owners cannot make alterations on their own.
Section 2 prohibits activities that are a nuisance, unhealthy, harmful or dangerous, as well as those banned by the statutes. If the neighbour ignores a formal request from the president, the general meeting can authorise a cease-and-desist action in court, which may include compensation.
What majority is needed at the general meeting?
Placing a unit on the façade or roof terrace means modifying common elements and, as a general rule, Article 17.4 requires a favourable vote by three-fifths of the owners, who must also represent three-fifths of the ownership shares. Even so, the Supreme Court has been flexible with air conditioning and does not always require everyone's consent, especially in buildings constructed before these systems were common and where the unit does not damage the structure or appearance.
What if the building has an AC pre-installation?
That is where the flexibility ends. In 2016, the Supreme Court ordered several neighbours to remove units hung on the façade of an inner courtyard because the homes already had a pre-installation: putting them outside was unnecessary. Bear this in mind when buying, as around 7% of the flats for sale in our catalogue advertise a pre-installation, and in Estepona, Fuengirola or Benahavís the figure is close to 9%.
Do I need the community's permission to install air conditioning?
It depends above all on where the outdoor unit goes. This table summarises the most common situations:
| Location of the unit | Is general meeting approval needed? | Risk of having to remove it |
|---|---|---|
| Inside the home, with ducts or indoor units | No, but the works must be notified first | Low, unless there is noise or vibration |
| Private terrace, not visible from outside | In principle no, if the façade is untouched and the statutes allow it | Medium: watch the noise and hot air |
| Visible façade or light well | Yes, because it is a common element | High if installed without permission |
| Shared roof or roof terrace | Yes, with the exact location set out in the resolution | High if installed without permission |
| Building with an air conditioning pre-installation | You should use the pre-installation | Very high, as in the 2016 Supreme Court case |
Does having permission protect you if the unit bothers neighbours?
The Tarragona ruling says no. Some owners installed their outdoor unit on their terrace, and it blew hot air onto the adjoining terrace. At an extraordinary general meeting, the community agreed to require its removal or relocation, and the owners challenged the resolution, arguing that the installation was correct and complied with the community's rules.
Both Court of First Instance No. 7 in El Vendrell and the Provincial Court sided with the community: the issue was not the right to have air conditioning, but the harm the unit caused in that spot. A correctly installed unit may still have to be moved if it causes demonstrable nuisance.
What can you do if a neighbour's air conditioning bothers you?
- Talk to your neighbour and, if nothing changes, complain in writing with a copy to the community president or property administrator.
- Document the problem with photos, videos and times and, if possible, a professional noise measurement.
- If the limits are exceeded, report it to the town hall: in Andalusia, Decree 50/2025 and municipal by-laws apply.
- Ask for it to be raised at the general meeting: the community can send the neighbour a formal request and, if nothing changes, go to court.
How many flats for sale on the Costa del Sol have air conditioning?
The vast majority: 81% of the flats, penthouses, duplexes and studios for sale in our catalogue advertise air conditioning. In the city of Malaga the figure drops to 61%, probably because older buildings carry more weight there.
| Municipality | Flats for sale analysed | Advertise air conditioning | Advertise pre-installation |
|---|---|---|---|
| Marbella | 1,174 | 83% | 5% |
| Estepona | 815 | 86% | 9% |
| Mijas | 580 | 82% | 5% |
| Fuengirola | 559 | 84% | 9% |
| Benahavís | 305 | 87% | 9% |
| Benalmádena | 238 | 76% | 8% |
| Malaga | 236 | 61% | 2% |
| Manilva | 213 | 79% | 8% |
| EVS catalogue total | 4,573 | 81% | 7% |
Source: EVS PROPERTY GROUP catalogue as of 16 September 2026, municipalities with more than 200 flats for sale; the total covers the whole catalogue. It counts what each listing declares: if it is not mentioned, that does not mean the home lacks it.
What should a buyer check before signing?
If you are buying a flat in Marbella, Mijas or Málaga, check the following before signing:
- Where the outdoor units are and whether the community authorised their installation.
- The statutes and internal rules, in case they restrict units.
- The minutes of recent general meetings, in case of complaints or resolutions about air conditioning.
- Whether the building has a pre-installation and whether the current system uses it.
- The invoice and the installer's certificate.
An irregular unit is not regularised by the sale: the community will pursue whoever owns the home at the time. Ask the seller to confirm in writing that there are no outstanding requests.
And if the home is rented out?
If your tenant wants to install a unit, they need your written consent for works that alter the home (Article 23 of the Urban Leases Act) and, if the unit goes on a common element, the community's permission. And if the system causes nuisance, a cease-and-desist action can be brought against both you and the tenant.
How do you install air conditioning without problems with neighbours?
- Read the statutes and ask the town hall whether there are restrictions, especially in historic centres such as those of Málaga or Marbella.
- Tell the president or property administrator in writing about the planned model, location, noise level and drainage.
- If the unit is going on the façade, roof terrace or a courtyard, ask for a vote at the next general meeting and keep the resolution.
- Choose a quiet system and a location that does not direct noise, hot air or drips towards other homes.
- Hire an authorised company, which is mandatory for systems with fluorinated gases, and keep the invoice and certificate.
In short: can you be forced to remove your air conditioning?
Your community cannot make you remove your air conditioning on a whim, but it can if the unit alters a common element without permission, conflicts with the statutes or municipal rules, ignores a pre-installation or causes demonstrable nuisance. Notifying the installation, getting approval when needed and choosing the location carefully avoids almost every problem.
If you are buying or selling on the Costa del Sol and want to check the installations and community rules before signing, EVS PROPERTY GROUP can help.
This article is for general information only and is not a substitute for a lawyer’s advice on your specific case.
Frequently asked questions
Can I be made to remove an air conditioning unit installed years ago?
They can try, but tolerance works in your favour: if the community knew about the unit and did not object for years, or similar units exist on the façade, the courts may find tacit consent. That will not protect you if the system causes nuisance.
Do I need permission to put an air conditioning unit on my terrace?
If it cannot be seen from outside, the façade is not drilled and the statutes do not forbid it, notifying the community is in principle enough. Just make sure noise and hot air do not reach the neighbours.
How much noise can a neighbour's air conditioning make?
It depends on regional noise regulations and the municipal by-law, with stricter limits at night. In Andalusia, Decree 50/2025 applies; if you think the limits are exceeded, ask the town hall for a measurement.
What majority is needed to authorise a unit on the façade?
As a general rule, three-fifths of the owners and of the ownership shares (Article 17.4 of the Horizontal Property Act), although the courts have been flexible with air conditioning in older buildings. The statutes may add conditions.
What next? The most useful thing after reading is to look at the real market: browse properties by city or tell us on WhatsApp what you are looking for — area, budget, timing — and we will prepare a tailored selection, with no obligation.
You may also find useful: sell your property invest on the Costa del Sol free valuation monthly price report
