February 3, 2008 at 9:17 pm #53619
The case of the Kaleta’s in Turre is absolutely disgraceful. Their town hall is greatly at fault.
The case of the Prior’s in Vera is absolutely disgraceful. Again, their town hall is greatly at fault.
In a similar way, we are victims of the disgraceful behaviour of our local town hall (San Roque). We would like to bring this to your attention, with a view to you advising us how best you think we ought to proceed.
We are retired and have lived in Sotogrande – a supposed up market urbanisation near Gibraltar – since 2001. In 2006 building started on the plot next door, and soon it became obviuos that whenever it rained heavily (and here when it rains, it really does!) we got flooded. Our car was completely ruined at Christmas – we had 60 cms of water in the garage!
We investigated and found that the architect had falsified the plans, and so everything was being built at least Im higher than what had been approved. This was causing the flooding.
For over a year we have been trying to get the building stopped, we spent 3000 euros on a detailed professional technical report which clearly identifies the illegal levels etc., but the town hall just turns a blind eye and says the promotor has a licence. The house is now finished and the owner has moved in.
Not only do we live in constant fear of being flooded, which is unfortunately affecting our health, but our house has been rendered virtually unsellable .
Could you help us? What do you think we should do?
February 4, 2008 at 4:00 pm #78323
I know the area quite well and a few years back a villas front garden collapsed and the supporting wall ending up the street.
You should also consider action against the urbanisation who you pay fees to, as they are liable for street lighting, security, refuse collection and road improvements the later also including drainage for the roads, which is part of your problem.
February 4, 2008 at 5:39 pm #78329
It could well be worth issuing a denouncia about this as there is obvious illegality. I know a friend in not quite as bad but similar circumstances, the villa built next door had a retaining wall not put in properly, resulting in a nasty crack and the possibility of the garden falling onto my friends. The neighbour and my friend got together and called the builder who admited liability and it was agreed for speed that each party would pay one third.
My friend is getting a divorce so had no time to argue it but on one of the payments the exbuilder complained about paying iva. Everyone wanted it legal to ensure if any future problems a legal suit could go ahead.
The divorce lawyer said it could easily be made a criminal action and the exbuilder soon stumped up the money.
Check with your lawyer and good luck
February 22, 2008 at 5:54 pm #79022
Dear Mr. Thornton,
It is very common that town halls dont want to move a finger to disturb a neighbor, as they normally are not even prepared for that sort of cases.
The best way to make them move would be to submit a criminal case to the developer (probably the owner) for urbanistic crime, which may not end knocking down the house, but will probably put a load of pressure on the developer to sort out your flooding problems.
The town hall can also be sued for inactivity, and this could also be a way of getting a compensation for your problems and damages.
We would be interested on providing free first advice and quotation, for which we would need to have a look to the documentation. May you be interested, you can fax or email.
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