One of Spain’s biggest attractions is without a doubt its beloved terraces and balconies, perfect for enjoying a morning coffee, sunshine – or even a quick cigarette. But if you’re a smoker, you might not have the final say on what you can do in what is, basically, your own space. In most cases, your neighbours can restrict or even ban smoking on private balconies if the smoke bothers others.

Spanish Horizontal Property Law: The key rule

The answer lies in Spain’s Ley de Propiedad Horizontal (Horizontal Property Act), specifically Article 7.2. This article prohibits owners or occupants from carrying out activities in their property or common areas that:

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  • Are banned by the community statutes
  • Damage the building
  • Are considered “molestas, insalubres, nocivas, peligrosas o ilícitas” (nuisance, unhealthy, harmful, dangerous or illegal)

A long list of what might me deemed as “anti-social” behaviour, from walking around in one’s underwear, or singing, to hanging wind chimes, lighting barbecues, or keeping noisy pets, can and often do cause friction between neighbours. In most cases, the local police will be called who will pay a visit, roll their eyes (with a look of ‘this isn’t what I signed up for’), and tend to seek an amicable compromise when language is not a barrier. The trouble is, language often is a barrier.

The full text of the law is available on the official Boletín Oficial del Estado website.

Courts have repeatedly interpreted tobacco smoke drifting into neighbouring homes or common areas as a potential “molestia” (nuisance) or “insalubre” (unhealthy) activity, especially when it happens regularly.

When can a community of neighbours ban balcony smoking?

Spanish judges have ruled in several high-profile cases that persistent cigarette smoke affecting neighbours can justify a ban. The community does not need unanimous agreement. All they require is a simple majority vote at a homeowners’ meeting is usually enough to add the restriction to the list of community rules.

If a smoker ignores the new rule, the community president can formally demand cessation. Refusal can lead to legal action, and courts have already ordered smokers to stop and even pay damages or legal costs in the past.

Occasional puff vs persistent problem

An occasional cigarette on your balcony is unlikely to lead to any action. Spanish jurisprudence focuses on repeated and significant disturbance. One or two smokes a day rarely meet the threshold, but continual smoking that sends clouds of smoke into neighbouring windows or shared airflow areas often does. It was once very normal to see Spaniards puffing on cigars. Today, it tends to be rare, precisely due to this law.

What smokers can do

  • Check your community statutes first – some already include total smoking bans. Make sure when you move in to a flat or other shared property, such as an urbanisation, that you receive a copy of this.
  • Attend homeowners’ meetings: If the thought of attending a homeowners’ meeting (junta de vecinos) fills you with absolute dread (some can last 4 hours), make sure you get someone such as a sympathetic bilingual neighbour, or pay your gestor (accountant) enough to attend on your behalf.

While Spain relaxed some outdoor smoking rules during the pandemic, private balconies inside a community of owners remain subject to the Horizontal Property Law. For most Spanish smokers, lighting up on your own terrace is technically allowed – until your neighbours decide otherwise, and more and more often, they do.

Recent 2025 escalations: Ashes and broader bans

As of December 2025, conflicts have intensified with rising awareness of secondhand smoke risks. A high-profile Madrid ruling in August 2025 involved a neighbour flicking cigarette ashes that landed on another’s terrace, and as well the cigarette butts onto a common ground-floor terrace below, deemed “dañina” (harmful). The court mandated immediate cessation, €1,200 in damages, and a potential three-year eviction if non-compliant.