In Spain, the regulations governing collective antennas (also known as shared antennas, collective aerials or shared aerials) and shared infrastructure in buildings for telecommunications services are contained in Real Decreto Ley 1/1998, dated 27 February 1998. In this article we aim to provide a clear and simple explanation of this legislation, with a particular focus on how it affects property owners and tenants, especially those who are unfamiliar with Spanish law.
Understanding Common Telecommunication Infrastructures
The Spanish legal system is committed to minimising the use of individual antennas and has for many years devoted resources to making citizens aware of this requirement. It has made changes to various laws, town planning and building regulations to achieve this goal. However, it does allow authorised individuals to install an antenna where one does not already exist for specific purposes, such as amateur radio.
The general telecommunications infrastructure includes everything installed in a building to receive terrestrial radio and television signals, telephone, cable telecommunications and other services that can be adapted for these purposes.
Who Does This Legislation Apply To?
This law is applicable to all buildings in Spain, whether they are newly constructed or older structures, as long as they are subject to horizontal property regulations (horizontal property is a concept where each individual owns a part of a property with multiple units, typically in a shared building, usually with some places in co-ownership). The law also extends to buildings that have been partially or entirely leased for over a year, with the exception of buildings containing only one dwelling.
Construction License and Installation Application
When planning the construction or renovation of a building, it is essential to include common infrastructure that complies with legal requirements. If you are dealing with an existing building and the community or an individual owner decides to install a new infrastructure, it is imperative to give at least two months’ notice.
Mandatory Common Infrastructure
In the case of already-constructed buildings, the common infrastructure is obligatory if the number of installed antennas surpasses one-third of the total number of dwellings and premises. Those installing antennas to access services must cover the installation, maintenance, and removal costs, with the option to allocate the proportional expenses to other users.
Quality Standards and Other Obligations
New infrastructure must comply with applicable quality and safety standards and ensure compatibility with water, gas and electricity installations. Where new collective infrastructure is introduced, existing individual systems will be removed, giving owners the opportunity to be involved in the process if they wish.
Access and Usage Rights
Co-owners and tenants have the right to access and use shared infrastructure. They can connect to the common system or use individual systems. They also have the right to install their own infrastructure where there is no shared infrastructure. However, they must give prior notice and share the costs if others wish to benefit in the future.
Consideration of Improvements and Penalties
The installation or adaptation of telecommunication infrastructures is classified as an improvement project. Those who fail to comply with this legislation may face sanctions, ranging from minor to severe, contingent on the severity of the violation. The Secretario General de Comunicaciones del Ministerio de Fomento is responsible for enforcing these penalties.
In summary, Spanish legislation on collective antennas and telecommunications in buildings aims to ensure equal access to telecommunications services and to promote the quality and safety of the infrastructure. Both property owners and tenants have rights and responsibilities within this framework, with penalties for non-compliance. For foreigners living in Spain, understanding these regulations is essential to ensure compliance with the law.
Expert advice
Investing in the advice of an experienced lawyer is a safe bet. The knowledge of the law, and the intervention of the lawyer as mediator make easy something that often ends up being difficult. At Bandua Legal we have experience in this area, and if you are facing the installation of a collective or amateur radio antenna in Spain, we are your perfect ally.
You can also read the original article (in Spanish) here.
BONUS: Skepticals about radiation from amateur radio antennas
It’s important to note that the radiation from ham radio antennas is not harmful. This radiation is non-ionising, i.e. it lacks the energy to affect the molecular structures of our bodies. We’re constantly exposed to different types of radiation in our environment, such as visible light, radio waves and sunlight. The universe is filled with different types of radiation, so it is a natural part of our daily lives.
For a small cost, you can get an RTL-SDR USB stick to discover in real-time the omnipresence of electromagnetic radiation in our lives. There’s no substantial scientific evidence linking radiation from ham antennas to health problems. Concerns about problems such as autism, migraines or insomnia caused by this radiation are unfounded. Unwarranted fears are unnecessary. These emissions consist mainly of longer wavelength signals that concentrate less energy than ionising radiation.
It’s important that our concerns are based on sound science and that unsubstantiated claims do not cause unnecessary fear.
