March 10, 2012 at 12:24 pm #56549
My neighbour and wife who lives in apartment below told me he wanted to extend his garage and construct a terrace -for this purpose within 3days they had erected three columns and two techos one up to the wall of my flat. The lady tells me the one next to my apartment the intention is for parking.But they have enough parking space-she wants to have more space so she can use the garage to store goods for her minimarket two doors away. They tell me the police say its ok as long as no building done without the Ayuntamiento permission. I asked the Architect who designed this building and got permission for a balcony for me -he said he had nothing to do with it. I served written complaint but with suggestions how we might agree ie garage extension OK -but no outside parking next to my apartment -to be tiled ceramically. The lady has now got the wind up and called the Architect who is visiting this next week to prepare a plan. Can anyone tell me if there is any time limit to lodge a complaint with Ayuntamiento-on grounds that the development detracts from the character of the property and my peace and quiet ? At present I want to try and settle this with them and the architect
March 10, 2012 at 5:04 pm #108077
:need permission from community of owners first; 100% of owners !!! denounce asap to town hall and local police !!!!!!! get comm president involved and threaten to denounce him as well ; fight fire with fire in Spain !!!!!! :/ 😥 😥 😥
March 10, 2012 at 5:52 pm #108078
“fight fire with fire in Spain !!!!!! “
Sadly true and the best advise..
March 12, 2012 at 8:44 pm #108081
You have enough time to lodge a complaint (4 years) but my advice is that you must act as quickly as possible.
Once built and if you’re right and the building is contrary to planning and can not be legalized, the City Council must order its demolition and the process can last longer.
Also if it the construction is in accordance with the Town planning Regulations but it violates the horizontal property regime (Úbeda told about it). In this case, as Ubeda said to you, they need permission from community of owners and as the first case, if you are right the process will be also complicated.
But first of all, i think that you must get information in order to know if you are right and the best way to act.
You should ask at the licensing department (City Council) questions like
-If the Town Planning Regulation allows the new construction
-If they can build, if they requested planning permission
– At the city council, the tecnicians should give you advise about the best way to proceed if something is wrong, to stop the works.
The Arquitect who designed the building can also help you to get the information. I am also architect so I can give you my profesional opinion but i need enough data to do (at the moment, i only know that the new construction is bad for you but i don´t know the specific circumstances)
And if you are in a horizontal property regime, I think that you must ask a lawyer about it.
March 14, 2012 at 11:26 pm #108087
I much appreciate these comments. The wife of my neighbour has got the wind up. The architect who planned this building is coming next Tuesday with a Plan. Apparently the police were asked but said the Hormigons and Techo were OK as long as not built upon. But the architect says he had nothing to do with it but I think he told them that what they were proposing to do was safe.What happened here is the building was constructed on a finca in a village centre for basically a home and 6 flats in 2006 for income. But in 2008/9 it all went pearshaped and they had to start selling the flats. So there is not in fact any horizontal arrangement -community of owners.There is no monthly charge. Some of us do bits of gardening and pot plants and see only a coat of white paint externally as likely.in the near future. But the construction that has been done does improve the support on one side of the main building and for this reason I think the architectis interested to make them put a plan in – there is a positive aspect -failing that I will threaten to lodge a complaint with the Ayuntamiento because I want the works finished protmptly in a way that is acceptable to my interest I note there is time to do this.I also understand that the architect has said despite the absence of horizontal arrangements all the flat owners have to approve the development. I read somewhere about a 3 month silence rule that worried me but think it is something different.Whilst I find the lady difficult I think my good relationship with them might enable a way through this. Will post further later.
March 15, 2012 at 8:38 am #108090
Horizontal law applies even if a community has not been formally established – it is de facto – as is the protection it provides 🙂
March 15, 2012 at 8:12 pm #108098
…..and town planning regulations must applied regardless of whether exists a permission from neighbors. If the works exceeds the volume, floor area, height, etc…allowed, your neighbors cannot build it.
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