Heat in a rented flat in Spain: AC and your rights

Summer in Valencia, Alicante or Murcia in a flat without air conditioning is not an inconvenience but a health issue. Tenants ask the same questions: is the landlord obliged, can I install one myself, who gives permission, who pays. This guide answers from primary sources: the BOE (LAU, Código Civil, Ley de Propiedad Horizontal, RITE, RD 115/2017, RD 897/2017), the press office of the Poder Judicial and the Ministerio de Sanidad. Where the law is silent, we say so. The general rules of renting are in the guide on renting a flat.

In 60 seconds: the essentials

1. The law does not require air conditioning. The LAU and Ley 12/2023 never mention aire acondicionado, calefacción or temperature. If there is none in the flat and none in the contract, you cannot demand installation under the law.
2. The air conditioning was there and broke down — write to the landlord at once (LAU, art. 21.3). Repairing what is part of the rented dwelling is the landlord's duty (art. 21.1); minor wear from ordinary use is yours (art. 21.4).
3. Install it yourself only with the landlord's written consent (art. 23.1). Without it, when you move out: dismantling at your expense, or the installation stays with the landlord without compensation (art. 23.2), and it is grounds for termination (art. 27.2.d).
4. Façade, roof and shared wall are a matter for the comunidad, and it is the landlord who raises it, not the tenant (LPH, art. 7.1). Noise and drips onto the neighbours — complaints may come to you as well (art. 7.2).
5. A pre-charged split unit that is not hermetically sealed is sold only for installation by an empresa habilitada: it is a condition of sale (RD 115/2017, art. 9.8), and the shop will ask for the installer's details. You pay for the electricity (LAU, art. 20.3).
6. Myths: the «27 °C law» was for offices and shops and expired on 1 November 2023; «the Supremo recognised air conditioning as an improvement» is a headline on a private site with no ruling number.

What the landlord must do — and what is not in the law

A duty to repair, not to provide comfort

LAU, art. 21.1: the landlord is obliged, without the right to raise the rent for it, to carry out all repairs needed to keep the dwelling in a condition fit for the agreed use, except for damage caused by the tenant. Código Civil, art. 1554 says the same in general terms: deliver the thing, carry out the necessary repairs during the lease so that it serves its purpose, and ensure peaceful enjoyment. Ley 12/2023 defines the habitability of a dwelling as a set of minimum requirements of quality, functionality and accessibility «under the applicable rules» (art. 2.c) and lists the features of decent housing — size, location, habitability conditions, energy efficiency and access to basic utilities (art. 3.c).

None of these texts contains the words «aire acondicionado», «climatización», «calefacción», «temperatura» or «ola de calor» — we checked the full consolidated text of the LAU and of Ley 12/2023. The conclusion is plain: the law does not oblige the landlord to install air conditioning in a flat that never had it. Whether unbearable heat is in itself a breach of «habitability» the statute does not answer, and we found no Supreme Court case law on it (see the section on myths).

If the flat had air conditioning

It is a different matter when the air conditioning was there when you moved in and is listed in the contract or the inventario. Then it is part of the dwelling you rented «for the agreed use», and on our reading its breakdown falls under the same repair duty in art. 21.1. This is our reading of the article, not its letter: the article speaks of «reparaciones necesarias para conservar la vivienda», not of appliances. What to do in practice:

• Notify the landlord as soon as possible — art. 21.3 requires notice; the article sets no form, but do it in writing (email, messenger, burofax), with photos and the date — that is our advice, not a legal requirement.
• Urgent repairs «to avoid imminent damage or serious inconvenience» the tenant may carry out themselves, after first notifying the landlord, and immediately claim the cost back (art. 21.3). Whether heat counts as «incomodidad grave» is a matter of interpretation; the law gives no examples. If you go this route, keep the notice and the invoice.
• Minor repairs from ordinary wear are yours (art. 21.4): cleaning the filters, the remote, batteries — it is reasonable to treat these as your responsibility.
• The landlord does not carry out the repairs required under art. 21 — the tenant has the right to terminate the contract (art. 27.3.a). The LAU gives no right to deduct the cost from the rent: art. 21.3 only lets you demand reimbursement of the urgent repair.

If the landlord decides to install air conditioning

Improvement works that cannot reasonably be postponed until the end of the lease the tenant must put up with; the landlord gives 3 months' written notice; within one month of that notice the tenant may withdraw from the contract (desistir), and if they stay and the works take away part of the dwelling the rent is reduced proportionally, plus they are owed the «indemnización de los gastos que las obras le obliguen a efectuar» (LAU, art. 22). Whether the rent can be raised for the improvement installed is not covered in this guide; check your contract and the text of the LAU.

Can you install air conditioning yourself

What LAU, art. 23 says

Art. 23.1: the tenant may not, without the landlord's consent expressed in writing, carry out works that alter the configuration of the dwelling or its accessories; works that reduce the stability or safety of the dwelling are prohibited in any case.

Art. 23.2: a landlord who did not give consent may, at the end of the contract, demand that everything be restored to its previous state or keep the alteration — without any compensation to the tenant. If the works have reduced the stability of the building or the safety of the dwelling, the landlord may demand immediate restoration. And all of this is «without prejudice to the right to terminate the contract»: works without the required consent are a separate ground for termination (art. 27.2.d).

Does a split system alter the «configuration of the dwelling»? The law does not define this. An indoor unit on the wall, a hole through the external wall for the pipework, an outdoor unit on the façade or balcony — on our reading the landlord and a court are more likely than not to treat this as a change of configuration, especially if the façade is affected. A portable air conditioner with no drilling does not fall under art. 23 — but a dispute over one is unlikely anyway. The rule is simple: anything that leaves a mark on a wall — only with written consent.

Two more articles people forget:

• Código Civil, art. 1563: the tenant is liable for damage to or loss of the rented thing unless they prove it was not their fault. A crack in the wall, condensate leaking to the neighbour below, damaged façade insulation — that is your risk.
• LAU, art. 4.2: a residential lease is governed by the contract within the framework of Título II of the law, and otherwise by the Código Civil. A contract clause «arrendatario no podrá instalar aparatos en fachada» is lawful, and you will have to comply with it.

Five steps to do it properly

1. 1

   Read the contract and the inventory

   Is the air conditioning in the inventario, is there a clause on obras and on the state of the flat when you move out; contractual terms within the LAU are permitted (art. 4.2).

2. 2

   Ask the landlord for written consent

   An email or messenger reply saying «sí, autorizo» should count in practice as consent «por escrito» (LAU, art. 23.1): the law does not specify the form, so keep the message. State where the outdoor unit will go and what happens to the installation when you move out.

3. 3

   The landlord settles the matter with the comunidad

   Façade, roof and shared wall are elements of the building; under LPH, art. 7.1 it is the landlord, not you, who deals with the administrator. Ask them to check the estatutos.

4. 4

   A licensed installer and the unit's location

   Equipment pre-charged with fluorinated gas and not hermetically sealed is sold to an end user only on proof that an empresa habilitada will install it (RD 115/2017, art. 9.8): pick the installer before you buy. Drips and noise must not go onto neighbours' windows; ask the ayuntamiento about restrictions.

5. 5

   Keep the paperwork

   The landlord's consent, the installer's invoice and your copy of anexo VI (keep it for 5 years), photos before and after the works. The electricity bill is yours (LAU, art. 20.3).

What to agree in the same message or separately, in writing: who dismantles the unit and fills the holes when you move out; whether the equipment stays with the landlord and in return for what (a discount on the last month's rent, a refund of part of the cost — any formula that suits both sides); whether this affects the fianza. The law does not regulate these details — only the contract does.

Comunidad de propietarios: who asks whom

The tenant is not a member of the comunidad

The Ley de Propiedad Horizontal is written for owners. Art. 7.1: the owner of a flat may alter its architectural elements, installations and services provided this does not impair the safety of the building, its general structure, its external configuration or condition, and does not harm the rights of other owners — after notifying the comunidad's representative in advance. In the rest of the building the owner may make no alterations at all. The words «aire acondicionado» do not appear in the LPH anywhere — we checked the whole text.

From this follows a practical scheme:

• An outdoor unit inside your flat (on the floor of an enclosed loggia, inside a room with an air outlet) — the owner's domain, with notice to the administrator.
• Façade, external wall, roof, shared patio — «resto del inmueble» or «configuración o estado exteriores»; art. 7.1 does not allow a unit to be placed there freely. You need to look at the estatutos and, as a rule, ask the junta.
• A private terrace or balcony — depends on whether it is recorded as a private element or as a common element in private use; this is visible in the título constitutivo. Do not guess — have the landlord ask the administrator.

The comunidad may have its own rules: the título constitutivo and the estatutos may contain rules on the use of the building, its installations and services (art. 5), and the normas de régimen interior bind every owner (art. 6). A typical clause is «no appliances may be placed on the façade» or «only in the designated spot, in the colour of the façade». As a general rule, amending the estatutos needs unanimity (art. 17.6), but that paragraph covers only matters the other paragraphs of art. 17 do not regulate expressly; for some decisions lower majorities are set there.

How this concerns the tenant

Although you have no vote, you do have obligations. Art. 7.2: both the owner and the occupant are prohibited from carrying on, in the flat or in the building, activities prohibited by the estatutos, harmful to the building or in breach of the general rules on nuisance, unhealthy, harmful, dangerous or unlawful activities. The comunidad's claim is brought against the owner «and, where applicable, against the occupant». A unit humming at night outside a neighbour's window is exactly such a case. The owner, for their part, must treat the common elements with care and not allow them to be damaged (art. 9.1.a) — and will pass on to you whatever the comunidad claims from them.

The 2016 Tribunal Supremo ruling: about owners and the façade

The only Supreme Court ruling on air conditioning that we found in a primary source is the Poder Judicial press release of 12 July 2016 on the Sala de lo Civil ruling of 1 July 2016. Neighbours in a building in San Fernando de Henares sued seven owners who had hung outdoor units on the façade. The court ordered the units removed: the building had a preinstalación for air conditioning in every flat, so there was no need to alter the façade. At the same time, the court recalled that its case law on installing air conditioning «apuesta por una interpretación flexible de la Ley», so that cooling a home remains possible. Two things for a tenant: this case is not about renting but about owners and common elements; and if your building has a ready-made run for air conditioning, use it rather than the façade.

Installer, gas and noise: the technical checklist

• Fluorinated gas — only a licensed company. RD 115/2017, art. 9.8: pre-charged air-conditioning units and heat pumps that are not hermetically sealed may be sold to an end user only on confirmation that the installation will be carried out by an empresa habilitada; the buyer returns part B of anexo VI to the seller within one year at most and keeps their own copy for 5 years. The shop will ask you for the installer's details — that is normal.
• This is a «reforma» of a thermal installation. RITE (RD 1027/2007) applies to fixed air-conditioning systems, including reforms in existing buildings as regards the part being reformed (art. 2.2), and adding a new air-conditioning subsystem is a reform (art. 2.3.a). Which documents or registration are needed at your power rating depends on the RITE thresholds, which we did not check here; ask the installer, who is obliged to know them.
• Noise: the building standard is not your standard. CTE DB-HR (protection against noise) states that equipment on roofs and in outdoor areas must not exceed the acoustic quality targets in neighbouring premises, but the CTE is a standard for new construction and major renovation, not a rule used to check a tenant's unit. What may actually apply to you is the municipal ordenanza on noise and on installations on façades; every city has its own, and we did not check yours. Ask the ayuntamiento or the installer: the limit levels, the distance to neighbours' windows, whether the façade is allowed.
• Where to put it (our advice, not a rule): condensate into a drain or a container, not onto the pavement or a neighbour's balcony; the unit not opposite a neighbour's bedroom; fixings into your own wall, not a shared one, where possible; the route of the pipework agreed with the landlord, who answers to the comunidad.
• Photos before and after the works — in case of a dispute over the state of the wall when you move out (Código Civil, art. 1563).

Four myths

• «By law you cannot cool your home below 27 °C». No. Real Decreto-ley 14/2022, art. 29 (27 °C in summer, 19 °C in winter) applied to the premises listed in RITE, IT 3.8.1.2 — administrative, commercial, places of public assembly, stations and airports; housing is not on the list. The temperature limit (art. 29, apartado 1) was in force until 1 November 2023, as were apartados 2 and 4, and has not been extended in the consolidated text; only apartado 3, the door-closer duty for the same non-residential premises, has no end date. The permanent RITE limits (IT 3.8.2) are also for the same non-residential buildings. At home, set whatever you like — you only pay for the electricity.
• «The Tribunal Supremo has ruled: air conditioning in a rental is an improvement, not a repair». There is no such ruling in the primary sources. The headline of 18 August 2026 belongs to moncloa.com — a private news site that is easy to confuse with the government's lamoncloa.gob.es. The body of the article repeats the «improvement, not repair» thesis but concedes: «no existe jurisprudencia uniforme del Tribunal Supremo sobre esta cuestión»; there is no ruling number, and the conclusion is a lawyer's paraphrased opinion, not a court decision. Check the domain.
• «Ley de Vivienda 12/2023 gave a right to air conditioning». The law speaks of habitability, energy efficiency and access to utilities in general terms and refers to «the applicable rules»; the words «aire acondicionado» are not in it.
• «For air conditioning, as for an electric-vehicle charger, notifying the comunidad is enough». The «prior notification only» regime in LPH, art. 17.5 is about charging points for electric vehicles. There is no equivalent rule for air conditioning.

Heat and health: what Sanidad says

Every year the Ministerio de Sanidad approves the Plan Nacional de Actuaciones Preventivas de los Efectos del Exceso de Temperaturas sobre la Salud. The 2026 plan is activated, as a general rule, from 16 May to 30 September, with the option of extending it to 1–15 May and 1–15 October. It is a plan for health surveillance, warnings and coordination between administrations; it imposes no obligations on landlords or tenants, and the word «alquiler» does not appear in it. It does, however, expressly name among the risk factors housing that reaches excessive indoor temperatures because of a poor ability to regulate them by active or passive means, as separate items «personas migrantes y/o turistas» and «viviendas no bien aclimatadas», and poverty that prevents people from protecting themselves against the heat. In other words, your problem is a recognised public-health problem, even if the rental law does not see it.

Sanidad's general measures in the heat — verbatim from the «Medidas generales» leaflet:

• Drink water and fluids often, even if you do not feel thirsty.
• Stay as long as possible in cool, shaded or air-conditioned places and cool down whenever you need to.
• Keep medicines in a cool place.
• Avoid drinks with caffeine, alcohol or a lot of sugar — they contribute to dehydration.

Specific tips for the home (blinds, cross-ventilation at night, a fan) are not in this leaflet — what we advise ourselves we mark as our own: close the persianas on the sunny side during the day, ventilate at night and early in the morning, move heavy cooking to the evening, and if you have a chronic condition discuss the heat with your doctor at the centro de salud. Other emergencies of the season are in the guides on floods and DANA and on wildfires.

Money without figures: the electricity bill and the bono social

Electricity is your expense

LAU, art. 20.3: the cost of services metered individually is in every case borne by the tenant. Air conditioning is the most noticeable of them. The costs of managing the property and drawing up the contract fall on the landlord (art. 20.1); comunidad charges fall on the tenant only if this is written into the contract with the annual amount (art. 20.1). The electricity contract may be in the landlord's name or in yours — check who the titular on the bill is: the next point depends on it.

Bono social: what RD 897/2017 says — and what it is silent on

• Who: a natural person who is the titular of the supply point in their main home, with contracted power of no more than 10 kW, on the PVPC tariff (art. 2.1 and 3.1). If the contract is in the landlord's or an agency's name, you do not fit the definition; but the change of titular can be requested at the same time as the bono social application (art. 5.4).
• Criteria: household income relative to the IPREM, large family, pensioners on the minimum pension, recipients of the ingreso mínimo vital (art. 3.2). We deliberately do not give the rates, thresholds or the size of the discount here — they change; see the text in force.
• Citizenship and status: art. 3 says not a word about nationality, NIE, residence permit or temporary protection — neither as a condition nor as an exclusion. The list of supporting documents is set out in a ministerial order (art. 7.1.b), which we did not read. So we claim neither that «beneficiaries of temporary protection are eligible» nor that «they are not» — apply through your comercializadora and get an answer.
• Main home — your actual place of residence; it is usually proved with the padrón — see the guide on empadronamiento. Exactly which documents the order requires we did not check.

What we could not confirm

• Whether a split air conditioner counts as a «change of configuration» under LAU, art. 23.1 — the law is silent, and we found no Supreme Court rulings on it; «more likely yes» is our reading.
• Whether heat is «incomodidad grave» for urgent repairs under art. 21.3 — a matter of interpretation, there are no examples in the law.
• A Tribunal Supremo ruling on a landlord's duty to provide a tenant with air conditioning — not found; we did not query the CENDOJ database directly, so «not found» is weaker than «does not exist».
• Regional habitability rules. In the Comunitat Valenciana, Decreto 80/2023 on housing design and quality is repealed: Ley 5/2025 (DOGV 31 May 2025, in force from 1 June 2025; BOE-A-2025-11959) repeals it in letter g of its disposición derogatoria and contains no replacement rule; according to the Generalitat's housing page, the Orden of 7 December 2009 remains in force. We did not read that Orden, so we state no regional rule on heat in housing; we did not do a full check of the regional regulations.
• Municipal ordenanzas on noise and on installations on façades (Valencia, Alicante, other cities) — not checked; we give no dB limits.
• RITE thresholds (when a split unit needs technical documentation or registration) — not checked.
• Whether the 27 °C rule was extended after 1 November 2023 — the consolidated text has no note of an extension; we did not search separately.
• Documents for the bono social (the order under art. 7.1.b of RD 897/2017) — not read.
• AEMET advice on heat and the warning thresholds for your area — not requested; the guide covers Sanidad only.

Common mistakes

• Buying a split unit and fitting it «I'll tell the landlord later». Without written consent — dismantling at your expense or the equipment stays with the landlord (art. 23.2), plus the risk of termination (art. 27.2.d).
• Asking the comunidad for permission yourself. A tenant has no vote; the landlord asks (LPH, art. 7.1). Your job is to ask them to do it.
• Citing the «27 °C law» or the «Supremo ruling» from a headline. The first was for offices and has expired; the second is a private site with no ruling number.
• Hanging the unit above a neighbour's window and draining the condensate onto the pavement. A comunidad claim may also be brought against the occupant (art. 7.2); damage to the wall is your risk (Código Civil, art. 1563).
• Keeping quiet about a broken air conditioner that was in the inventory. You must notify «as soon as possible» (art. 21.3); without notice it is harder to prove the repair was the landlord's duty.
• Deducting the cost of repairs from the rent on your own initiative. The LAU gives no such right: art. 21.3 only lets you demand reimbursement of an urgent repair after notice; the «15 days» rules from RDL 26/2026 have been repealed.
• Assuming the bono social is impossible «because I am a foreigner». Art. 3 of RD 897/2017 is silent on citizenship; check through your comercializadora, but remember — the contract must be in your name.

This article is for reference and describes the general rules; your tenancy contract, your comunidad's estatutos and your city's ordenanza may add rules — check boe.es (LAU, LPH, RD 897/2017), your ayuntamiento's website (noise, façades) and sanidad.gob.es (the heat plan). Facts were checked against these sources on 3 October 2026. If you need a Russian- or Ukrainian-speaking lawyer for tenancy matters — see our verified directory.