Christmas is synonymous with family gatherings, business lunches, celebrations, gifts or Christmas carols. However, if there is something that fully represents these important dates, it is the traditional themed decoration of lights and ornaments that can be found in every corner of Spanish cities from mid-November to January. Lighting in the busiest areas has become the main tourist attraction for companies. Christmas decorations attract customers like bees attract honey, creating an incentive to use them more often. However, be careful about turning the streets into a Christmas market as this poses legal problems.
It is normal to want to decorate the streets and bars with curtains of lights, garlands or Christmas trees on these days. The problem arises when this decoration is placed near neighboring communities that live in particularly tourist areas, such as the Plaza Mayor in Madrid. When installing Christmas lights, it is normal for them to be accompanied by music, carols and some other themed attractions. The huge gathering of people and the noise it creates are causing great discomfort in the neighborhood and residents in the area are wondering whether there are legal measures to stop it.
This practice is a priori completely legal. Spanish regulations, in particular the Royal Decree on Energy Efficiency in Outdoor Lighting Installations, which came into force in 2008, specify what type of lighting must be used. However, it is not made clear how many lights in total may be installed on public streets. That is, it is possible for the streets to be full of light as long as they comply with the standard for installing low consumption and high energy efficiency bulbs. While it's legal to turn the streets into a festival of lights, the truth is there are nuances. Shops and town halls don't have the freedom to decorate freely when it comes to the well-being of their neighbors. In fact, the controversy will play out in mid-December.
Residents of the cities of Toledo and Vigo recently protested the fair of lights, music and attractions on their downtown streets. In the case of Toledo, residents of the Plaza de Zocodover, one of the busiest neighborhoods in the city of La Mancha, expressed their dissatisfaction with a huge ball of lights with music that disturbs their peace: “This cannot be tolerated” or “It is a suffering”, are some of the public complaints uploaded by neighbors on social media. In Vigo, some residents complained after the Galician city council decided to build, as it does every year, a huge Ferris wheel with lights that takes up a large part of one of its parks: “It's unbearable”, “we have the right to rest”, they denounced at.
Complain to court
How can the problem be solved then? If residents feel that the decorations disrupt their daily lives, they can file their complaints in court and prove the damage caused by the Christmas room. Ignacio de la Riva, partner at De la Riva & Pastor Abogados, explains that if the lights disturb neighbors next to the property, it can have real estate implications. “If the effects of light are so strong that your home cannot be used for rest, it is obvious that it affects the right of ownership and the right to peaceful enjoyment of a home,” he explains.
José María Monedero, partner in public and regulatory law at Dikei Abogados, also believes that neighbors can sue on these grounds, but recognizes that winning the lawsuit is not easy: “If the lighting meets technical standards. “The problem: “It will be very difficult to force removal of the installed lighting as it will simply be a nuisance to the most affected neighbors.”
Residents may also complain if there is unbearable noise in addition to excessive lighting. If Christmas music creeps into the house throughout the day and prevents you from resting, it can affect your health and violate personal and family privacy.
Municipalities usually set a time when noise is permitted, usually from 8 a.m. to 9 or 10 p.m. However, on special days like Christmas Eve or New Year's Eve, some cities like Seville raise their hands until four in the morning. If your neighbor is upset, it's not enough to just complain. Those affected have a wide range of legal options available to them, both administratively and judicially (civil, criminal, environmental, etc.). Antonio García, head of the “Layer of Noise” law firm, comments: “The noise indices must be proven and prove that a health condition exists. This means that the sound levels can be corrected and in any case there is a claim for compensation.” . “.
To satisfy both parties, it is best to find an interim solution. If light and noise affect daily life, it would be advisable, says Tomás Felipe de Pedraza, lawyer at Legálitas, “to ask the administration to find solutions that balance the celebration of a tradition with the pleasure of home.” A Solomonic one Measure, suggests Antonio García, would be to move the Christmas venues to a place further away from the houses in the city center. This guarantees, on the one hand, consumer benefits and, on the other hand, the right to rest.
Ocaña postpones his celebration
The complaints of two residents of Ocaña (Toledo) about the noise of Christmas events have reached a controversial administrative court, which recently suspended the planned events in the municipality's Plaza Mayor. These included musical events, shows or the celebration of the carillon on December 31st. Because of this decision, the city council has decided to move some of the events to a location where they will not disrupt the neighborhood.
The decision of this municipal body can be a starting point for residents of other municipalities such as Vigo or León to demand measures like these, which guarantee the right to celebrate Christmas and therefore the right to peace and privacy or family reconciliation.
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