Can any of you lawyers out there or anyone else till me if this is possible-we are building a villa on a plot on an urbaniszation of approx 150 villas.There are different levels of plots,at our level you can only build single storey yet the owner next door to us is building double storey,On approaching developer they have stated that the owner of the plot bought it not from the developer but from someone else who had previously bought it from the developer.
The rules clearly state the limits that must be adheared to allowing the build such as total build area,distances from plot borders etc,etc.I find this really strange that someone can get around the rules and affect 5 other plots around it particulaly the builds behind it.
The regulations regarding the height , surface and volume a house can take on a building plot depends completely on the Council, therefore a developer or the urbanización “community of owners” can not set those limits.
Nobody in Spain can get round those rules, if someone does then risks a big fine an the demolition of what was built over the limits.
You can perfectly check the limits set for your urbanización, just aproach the “Departamento de Urbanismo” in your Council. I would be very surprised if you could only build a single storey house in a Urbanización, but if that is the case then next door house is building over the legal limits.
Anyone in Spain can report at the Council regarding illegal works, if that Council is reasonably efficient wil stop the works and fine the owner.
I hope this advice helps,
Happy Christmas to everyone on the SPI forum
Jose María Sánchez Alfonso
Abogado / Lawyer
Málaga / Costa del Sol jmsalfonso@inicia.es