National and Municipal Regulations
At the national level, there is no law explicitly prohibiting the use of barbecues in private spaces such as gardens or terraces of single-family homes. However, local councils and homeowners’ associations have the authority to establish rules and restrictions for this activity.
It is advisable to review municipal ordinances to verify if there are specific restrictions on the use of barbecues. Although it is uncommon for local councils to impose such limitations, it is important to confirm.
The statutes of the homeowners' association
Horizontal Property Law
Nonetheless, it is important to consider the provisions of the Horizontal Property Law (Law 49/1960 of July 21), specifically Article 7.2: owners and occupants of the property are not permitted to carry out activities prohibited in the statutes, activities that could be damaging to the property, or activities that contravene general provisions regarding disturbing, unhealthy, harmful, dangerous, or illegal activities.
Therefore, even if the use of barbecues is not explicitly prohibited, it is essential to ensure that this activity does not cause significant disturbances to neighbors, such as excessive smoke or fire hazards. Otherwise, the president of the homeowners' association, either on their own initiative or at the request of any of the neighbors, may initiate appropriate legal actions if the disruptive activity does not cease.
Recommendations to Avoid Problems
- Consult the Municipal Ordinances: Check if there are specific restrictions in your municipality.
- Check the statutes of the homeowners' association Make sure that there are no explicit prohibitions on the use of barbecues.
- Avoid Discomfort: Use the barbecue in a way that does not generate excessive smoke or fire hazards.
- Communication with Neighbours: Inform your neighbours of your intentions and seek their consent in order to maintain a good coexistence.