Install Air Conditioning in a Rental Apartment

In some Spanish provinces, the summer heat is unbearable, and many tenants choose to install air conditioning to combat it. However, when it comes to a rental property, some questions arise. Is it possible? Who should pay for the installation? Is it the landlord's obligation or the tenant's choice? Below, we answer all these questions.

Before installing air conditioning in a rental apartment, we must take into account some considerations.

1) Review the rental agreement

The rental agreement details the conditions of the property, as well as the obligations of both parties. It may also specify restrictions or limitations on the installation of air conditioning equipment.

Although Articles 1563 and 1565 of the Civil Code state that the landlord must carry out all necessary repairs and work to maintain habitable conditions, if the home did not have this installation, it is understood that it is not a necessary element for living there. Therefore, the landlord is not required to install air conditioning equipment, and if you wish to install it, the cost will be at your expense.

2) Talk to the owner first

If the contract doesn't specify anything about this, the next step is to inform the landlord of your intention to install air conditioning. Article 23 of the Urban Leasing Law establishes that the tenant may not carry out any work that alters the layout of the dwelling without the landlord's consent.

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Additionally, by speaking with the landlord, you can reach an agreement on who will bear the cost of the installation and who will keep the device after the contract ends.

In any case, it is important to have their written consent , as well as the model of air conditioning, where and how it will be installed.

3) The community of owners

Another aspect we must take into account are the bylaws of the homeowners' association, especially when installing the outdoor air conditioning unit or compressor on the facade. These bylaws usually regulate the installation regulations. If installation is permitted, it is not necessary to notify the community. However, if it is prohibited, we will not be able to carry out the installation, even with the owner's or landlord's permission.

However, if the bylaws do not state anything about this, we must communicate it and obtain the consent of the community of neighbors through its approval at the Owners' Meeting.

4) Comply with the City Council Ordinances

The City Council of your town or city usually regulates the operation and installation of air conditioning, in order to respect the environment . This issue generally doesn't cause many problems, and the equipment installer is usually aware of it. However, it's worth keeping in mind, as failure to comply with the regulations could result in fines from the City Council.

5) Hire an authorized installer

Royal Decree 115/2017 states that air conditioning equipment using fluorinated gases (all split, ducted, cassette, etc.) can only be installed by an accredited professional , in order to guarantee personal safety and the environment . Therefore, not only should you not install the unit yourself (or your friend or brother-in-law), but you should also verify that the person installing it is accredited in the handling of fluorinated gases.

Once the air conditioning system is installed, the user must send Annex VI of the Official State Gazette (BOE) with the equipment details and certificates from the installer or company to the company selling the equipment within one year . Failure to do so may result in penalties for the buyer, installer, or seller.

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