Christmas is synonymous with family gatherings, business dinners, celebrations, gifts or Christmas carols. Although if there is something that completely represents these important dates, it is the traditional themed decoration of lights and ornaments that, from mid-November to January, run through every corner of the Spanish cities. Lighting in the busiest areas has become the main tourist attraction for businesses. Christmas decorations attract customers like bees to honey and that creates an incentive to use it more frequently. But be careful with turning the streets into a Christmas fair, as it triggers some legal problems. It is normal that on these dates you want to decorate the streets and establishments with curtains of lights, garlands or Christmas trees. The problem comes when this decoration is placed near communities of neighbors who live in especially tourist areas, such as the Plaza Mayor in Madrid. When Christmas lighting is installed, it is normal for it to be accompanied by music, Christmas carols and some other themed attractions. The massive concentration of people and the noise it generates cause a lot of discomfort to the neighborhood and residents of the area question whether there are legal measures to put a stop to it. This practice is, a priori, completely legal. Spanish regulations, specifically the royal decree on energy efficiency in outdoor lighting installations, which came into force in 2008, specify the type of lighting that must be used. However, it does not make clear the total number of lights that can be placed on public roads. That is to say, it is possible for the streets to be full of light as long as they comply with the standard of installing low consumption and high energy efficiency light bulbs. Although it is legal to turn the streets into a festival of lights, the truth is that there are nuances. Shops and town halls do not have the freedom to decorate freely if the well-being of the neighbors comes into play. In fact, in the middle of December, the controversy is served. The residents of the towns of Toledo or Vigo have recently protested against the fair of lights, music and attractions in their downtown streets. In the case of Toledo, the residents of the Plaza de Zocodover, one of the busiest areas of the town of La Mancha, expressed their dissatisfaction with a giant ball of lights with music that disturbs their tranquility: “It can't be tolerated” or “it's a suffering” are some of the public complaints that neighbors uploaded to social networks. In Vigo, some residents complained after the Galician city council decided to build, like every year, a huge Ferris wheel with lights that occupies a good part of one of its parks: “It is unbearable”, “we have the right to rest”, they denounced.
Complain in court
How to solve the problem then? If residents consider that the decoration is disruptive to their daily lives, they can take their complaints to the courts and demonstrate the damage caused by the Christmas space. Ignacio de la Riva, partner at De la Riva & Pastor Abogados, explains that, if the lights bother the neighbors adjacent to the premises, it may affect the real property right. “If the effects of the lights are of such intensity that your home cannot be used for resting, it is evident that it affects the right of property and the right to peaceful enjoyment of a home,” he explains. José María Monedero, partner in the law area public and regulatory representative of Dikei Abogados, also believes that neighbors can sue for these reasons, but recognizes that it is not easy to win the lawsuit: “If the lighting complies with the technical standards on the issue, it will be very difficult to force a withdrawal of the installed lighting for a mere nuisance to the most affected neighbors.” Residents can also complain if, apart from excessive lighting, there is unbearable noise. If Christmas music sneaks into the home throughout the day and prevents rest, it can affect health and violate personal and family privacy. Municipalities usually set a time when noise is allowed, usually from 8 a.m. until 9 or 10 p.m. However, on special dates, such as Christmas Eve or New Year's Eve, some cities, such as Seville, raise their hands until four in the morning. If the neighbor is upset, it's not enough to just complain. Those affected have a wide range of possibilities to claim, both through administrative and judicial channels (civil, criminal, environmental…). As Antonio García, director of the Lawyer of Noise firm, comments, “the noise indices must be proven and demonstrate if there is a health condition, this will allow the sound levels to be corrected with the right to be compensated for damages in each case. «To satisfy both parties, it is best to find an intermediate solution. If lighting 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 reconcile the celebration of a tradition with the enjoyment of the home.” A Solomonic measure, Antonio García proposes, would be to move the Christmas venues to a place further away from the homes located in the urban center. In this way, consumption benefits, on the one hand, and the right to rest is guaranteed on the other.
Ocaña moves its celebration
The complaints of two residents of Ocaña (Toledo) about the noise of the Christmas events have reached a contentious-administrative court, which has recently suspended the events scheduled in the municipality's Plaza Mayor. These included musical events, shows or the celebration of the chimes on December 31. Given this decision, the city council has decided to move some of the events to a space where they will not disturb the neighborhood.
The resolution of this municipal body can be a starting point for residents of other municipalities, such as Vigo or León, to demand measures like these that guarantee the right to celebrate Christmas, and in turn, the right to rest, to privacy or family conciliation. Follow all the information about Economy and Business on Facebook and xor in our weekly newsletter