Fireplaces in a community of owners: Regulations and responsibilities

Fireplaces in a community of owners: Regulations and responsibilities.

With the arrival of cold weather, many people consider using fireplaces in their homes to enjoy a warm and cosy atmosphere. However, in the context of a community of neighbours, it is essential to understand the regulations and responsibilities related to fireplaces in terms of maintenance. In this article, we will address the key issues that need to be considered in this regard.

Is the chimney a common element?

According to article 396 of the Civil Code, on which the Horizontal Property Law is based, chimneys are considered common elements in a community of owners. This means that, although a fireplace may be located inside a dwelling and used privately by one owner, its ownership and responsibility for maintenance and repair rests with the community of owners as a whole. This regulation applies regardless of whether the chimney is used or not.

Who is responsible for the maintenance, cleaning and repair of the chimney?

The responsibility for maintenance and cleaning of the chimney falls as mentioned above on the community of owners in the case of single branch chimneys, where flues from different dwellings are joined into a common system. In this scenario, the costs associated with cleaning and maintenance are shared among all owners in the community.

However, if a dwelling has an individual branch chimney, where the flue is unique to that unit, the homeowner is responsible for the maintenance and cleaning costs of their chimney.

Who carries out the work for the maintenance of a chimney cleaning?

Maintenance and cleaning of a chimney should be carried out by qualified professionals, known as chimney sweeps. These experts are responsible for removing the residues and soot deposits that accumulate in the chimney flue over time. Regular cleaning is essential to prevent fires and ensure the proper functioning of the chimney.

Regulations for the installation of chimneys in communities and smoke vents.

The installation of fireplaces in homeowners’ associations is subject to local and regional regulations that vary according to geographical location. These regulations regulate aspects such as the location of smoke vents, safety distances and the aesthetics of the building. It is important to check with your local council and know the specific regulations in your area before proceeding with the installation of a fireplace.

▷ At the end of this article, we provide you with the contact details of our Property Administration on the Costa del Sol … Málaga, Marbella, Mijas Costa, Benalmádena, Torremolinos and Fuengirola from where we can inform you, if you wish, more extensively about this article and without obligation.

Safety distances from chimneys and smoke vents.

To ensure safety and compliance with regulations, it is essential to respect certain safety distances:

– The chimney must be at least one metre above the base of the building.

– A distance of at least 2.5 metres must be maintained from any obstructions on the roof.

– The chimney must protrude at least one metre above any window.

– In buildings less than 20 metres, the chimney must be installed above the termination of the building.

For smoke vents, it is necessary to maintain specific distances from the ground, windows and other ventilation elements, as well as to ensure that they do not alter the aesthetics of the building.

Regulations for smoke vents.

Royal Decree 919/2006 of 28 July 2006 stipulates that all dwellings in Spain must have smoke vents. This technical regulation on the distribution and use of gaseous fuel provides precise instructions that must be strictly followed. This includes conditions for the evacuation of combustion products through the roof of the dwelling, whether single-family or multi-family.

In summary, chimneys in condominiums are common elements subject to specific regulations. Responsibility for their maintenance and cleaning varies depending on whether they are single or single flue. It is essential to know and comply with local and regional regulations to guarantee the safety and correct functioning of these heating systems, avoiding legal problems and ensuring the comfort of all residents.

Other questions and answers:

Are you satisfied with the administration in your community, Do you want to apply for a grant for your community’s projects, Is there delinquency in your community, Do you pay too much community for the services you get, How to save without affecting good service…?

More information:

If you need more information or a personalised legal report, contact us, click here to access the form or call us at 952582950 without any obligation we will advise you and clarify any possible questions you need to know.

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