Error: This article was written with the intention of correcting information previously published in this magazine, in which we erroneously stated that people were being fined for “tomar la fresca” in Barcelona. The interpretation was not correct, and we sincerely regret the confusion it may have generated. We assume the error and work so that this does not happen again.
In the last few days a news has gone viral that assured that the Barcelona City Council will start fining up to 500 euros to those who take chairs out on the street to chat with neighbors. The classic gesture of “taking the cool”, unusual, certainly, in Barcelona, but very rooted in the popular imagination, especially now that it is summer, would be banned. But the truth is that the news is false.
The Ordinance of Civility currently in force since 20026 -and also the one under revision- does not prohibit at any time to sit on the sidewalk to talk. The Barcelona City Council itself denies it and even, given the virality of the news, Mayor Jaume Collboni has published a story on Instagram denying the hoax.
What the regulation really says
The confusion arises from a misinterpretation of various articles of the ordinance, which actually speaks generically about “promoting citizen coexistence”. The most related article is article 58, which prohibits “improper use of public space”, such as camping, sleeping in the street or showering in fountains. The fines for these behaviors do reach 500€.
In the same way, in article 35, it prohibits “the realization in public space of activities of any kind when they obstruct or may obstruct the traffic on the public road…“, which could be interpreted as an open way to fine the installation of chairs in the street. The city council denies this point and, in addition, the ordinance states that, “the behaviors listed in paragraph 4 of the preceding article shall be considered minor offenses, and shall be punishable by a fine of up to 200 euros”, so they would not apply the 500 euros mentioned.
In short, “sitting in the cool” or derived activities is not contemplated in the Ordinance of Civility (nor in debate).
And what about barbecues on the balcony?
Along with the hoax of fines for “tomar la fresca”, the idea has also circulated that barbecues, calçotades or costellades on balconies and terraces is prohibited in Barcelona. And no, it is not true at all. Currently, no municipal ordinance explicitly prohibits cooking in private outdoor spaces, such as balconies or terraces. However, there are several nuances to take into account.
There is a decree on fire prevention measures (Decree 64/1995 of March 7), on which many articles have been based, which establishes the prohibition of making fires in areas not permitted for this purpose within 500 meters of a wooded area or in situations of special danger. But this only applies to those specific cases, so it does not affect the majority of terraces and balconies inside the city.
A barbecue can be fined… but with nuances
The same Ordinance of Civility states in Article 3.5 that, despite applying to public space, “shall also apply to spaces, buildings, facilities and privately owned property when conduct or activities are carried out that affect or may adversely affect coexistence”. That is, if a private activity (such as cooking) is carried out on a balcony (or other space of the house) and affects coexistence, the City Council can intervene.
In line with municipal ordinances, the Ordenança de Paisatge Urbà states that “no object or element may be installed or stored on the surfaces of terraces or balconies, except those expressly provided for in this Ordinance”. The mentions, however, refer to flowerpots or advertising issues. No mention is made of fires or barbecues, but the fact is that if they are not “installed or stored”, there should be no problem.
On the other hand, the communities of neighbors can establish internal restrictions, based on the Horizontal Property Law, if they consider that it represents a risk for the building or a constant nuisance. This law, it should be noted, is state, and not municipal.
Finally, it is true that, if the smoke, noise or odors generated affect other people, it can be denounced: the Civil Code of Catalonia prohibits, by means of the “llei d’immisions”, the “illegitimate” intrusion -as excessive smoke or noise- in other people’s homes.
In short: it is not forbidden to have a barbecue, but it can be prohibited or fined if it is considered that it is causing a nuisance to other neighbors.