Ignacio de la Riva, socio de De la Riva & Pastor Abogados, participa en un artículo de El País sobre la problemática legal asociada a la decoración navideña, especialmente en zonas turísticas, donde la iluminación y el ruido generados pueden afectar a los residentes. “Si los efectos de las luces son de tal intensidad que no se pueda destinar tu domicilio para descansar es evidente que afecta al derecho de propiedad y al derecho del goce pacífico de una vivienda”, expone Ignacio.
Aunque la normativa española sobre eficiencia energética en alumbrado exterior es clara, no especifica la cantidad de luces permitidas en la vía pública. Recientemente, vecinos de Toledo y Vigo han expresado su malestar por eventos festivos que incluyen luces y música en las calles, generando controversias en redes sociales. Los residentes afectados pueden recurrir a los tribunales para demostrar los perjuicios causados, pero ganar el caso puede ser complicado si la iluminación cumple con las normas técnicas. Además, se destaca la posibilidad de reclamar por ruido insoportable, aunque los municipios establezcan horarios permitidos. Se sugiere buscar soluciones intermedias para conciliar la tradición navideña con el derecho al descanso, como trasladar los eventos a lugares menos residenciales.
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