The rule
The law on smoke and grills
There is no statute called a ley sobre parrilla, a law of the grill. The ley sobre el humo — the law on smoke — in Argentina is article 1973 of the Civil and Commercial Code: smoke, heat, and odours between neighbours must not exceed normal tolerance, even with an administrative permit. In Spain, article 7.2 of the Horizontal Property Act stops what the statutes forbid and what counts as an annoying, unhealthy, noxious, dangerous, or illicit activity. Lume is not that law, and it does not amend it.
Argentina: article 1973
Article 1973, headed Inmisiones, says: “Las molestias que ocasionan el humo, calor, olores, luminosidad, ruidos, vibraciones o inmisiones similares por el ejercicio de actividades en inmuebles vecinos, no deben exceder la normal tolerancia teniendo en cuenta las condiciones del lugar y aunque medie autorización administrativa para aquéllas.”
In English: nuisances of smoke, heat, odours, light, noise, vibration, and similar immissions from activity in a neighbouring property must not exceed normal tolerance, given the conditions of the place, even if an administrative authorisation exists for those activities. A judge may order the cause removed or the nuisance stopped, and may award damages. To order it stopped, the judge weighs ordinary use of property, who was there first, the general interest, and the needs of production. Normal tolerance is not a published percentage.
The building rules are the other door
Horizontal property comes with a reglamento, the building’s own rules. They may forbid a grill, charcoal, or fire on balconies. That clause binds even if the smoke would have been tolerable. Two questions, kept apart: does the building allow the fire, and does the smoke that leaves stay inside tolerance?
An administrative permit, if one existed, would still not excuse too much smoke. Article 1973 says tolerance is judged even when that permit is there.
Spain: article 7.2
Article 7.2 of Act 49/1960 says: “Al propietario y al ocupante del piso o local no les está permitido desarrollar en él o en el resto del inmueble actividades prohibidas en los estatutos, que resulten dañosas para la finca o que contravengan las disposiciones generales sobre actividades molestas, insalubres, nocivas, peligrosas o ilícitas.”
The owner and the occupant may not carry out activities the statutes forbid, activities that damage the building, or activities that break the general rules on annoying, unhealthy, noxious, dangerous, or illicit uses. The president can require them to stop. If they continue, the owners’ meeting can authorise a court action to stop them. A city ordinance may add rules on terrace fires. It is not the same in every city.
What the law does not say
It does not say an extractor makes charcoal legal. It does not say balcony barbecue is always forbidden, or always allowed. It does not publish an acceptable smoke percentage. If you need an answer for your building, read your rules and, if there is already a dispute, ask a lawyer.
Questions
Is there a law about balcony grills?
Not under that name. There is the rule on smoke between neighbours, and there are the rules of each building. In Argentina, article 1973 of the Civil and Commercial Code. In Spain, article 7.2 of the Horizontal Property Act and the statutes.
What is normal tolerance?
It is the limit in article 1973: the nuisance is judged for that place. It is not a percentage. Hour, frequency, intensity, and whether smoke enters the next home all sit inside that judgment.
Does silence from the city mean I may light the grill?
Not always. City silence does not repeal the building rules. And even an administrative permit would not let smoke exceed normal tolerance.
Does Lume comply with the law for me?
No. It is a courtesy that reduces plume and odour when fire is allowed. Lighting the fire stays the cook’s responsibility.
Official texts
General information, not legal advice. Your building’s rules decide the case. We do not draft complaints or say who wins.