Conservatory or extention in Spain

Hi there,

My house is near to a completion and I am considering putting up a conservatory linked to the kitchen.
However I am not sure what sort of procedures are involved to get this done?
I reckon extension permit would be harder to get than that of conservatory?

Where do I begin with all this?

I would immensely appreciated if anyone could give me advice on this.

Thanks!

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Hi & welcome

If you're on a community you need permission from the President, their permission (or not) overrides any town hall permissions.

Get yourself a builder who will advise as to the best way to proceed for whatever you want & then you take a quote with the builder's NIE details on (as I understand it as we're starting a similar process) to town hall, pay a certain fee, builder does work, town hall sends someone to check it's ok & they refund the fee. That's what we were told.

Might depend where you have your property. If you fill in your location on your forum profile it'll be obvious to us without us asking as it'll show automatically in every post you make.


This message was last edited by morerosado on 8/9/2008.

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Hi Morerosado,

Thanks for your reply.

Since it's a newly built one, we haven't got a committe yet. It means if we proceed beforehand we might have to restore when the future president says no?

So after 'taking a quote with the builder's NIE details on (as I understand it as we're starting a similar process) to town hall, pay a certain fee', the builder can start working straight away? Doesn't that take long for town hall to process a planning permit?


My house is Aldea Rocio phase I in Los Barrios, Cadiz.

Have a lovely day.

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Can I assume you are in possession of your LFO ? (Certificate of Habitation)

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Yep :-)

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That's one good thing then. Town hall can make you return property to how it was before granting you your LFO.

As I understand it, as long as your town hall gives you permission, you can go ahead seeing as your community is not set up yet so plough ahead quickly. Once community has been set up El Presidente is GOD !! If El Presidente says no, it's NO !!

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".....they refund the fee".  ????? Don't think so.
Even for minor alterations, even internal (e.g. re-tiling your bathroom) theoretically you need planning permission, and will have to pay a fee based on the projected cost of the work - non-refundable!!! By the way, just paying the fee and getting an official looking form with stamps on does NOT mean you have permission. If you are not confident that you know exactly what you're doing, I would strongly advise you to get professional help.

The president isn't exactly God - more like his messenger.  Strictly speaking, the community as a whole decide what can and can't be done - by voting - and the president is charged with ensuring the community's wishes are carried out.

Please don't cast presidents in such a bad and meglomaniacal light (is that a word?), they get enough grief as it is!

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Hi Rob, I'm sure it was Georgia who told me we had to pay 200€ but eventually, after everything was checked out, he said we'd be refunded. (I did say "as I understand it ") We were chatting about it in June face to face. (We're in the same area). 

When I said El Presidente is God, it was a figure of speech but if the President decides no, after consulting with his committee his word stands. No community has everything covered in the rules so El Presidente & his/her committee decide our fate at coffee committee meetings. Or is our President doing it wrong ? (Of course I know she is or we wouldn't be still arguing the toss over a ruddy car port ! ) Latest is she's told us in writing we can have work done as long as it matches our neighbours (there's a few who've had same work done as we want) after we sought permission from her saying it would match up (actually we just told her  as we're so  p****d off with her & she can't refuse with others doing it) . Now that is odd as she herself has one thing (balustrades) yet her neighbours have totally different (railings) so farcical.


This message was last edited by morerosado on 8/10/2008.

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Hi i just had to ask what happens when a president changes can a new president give permission or does all what the first president on a new community sets in the first year always stand for ever???bye irene

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Hi Irene

As Roberto explained "Strictly speaking, the community as a whole decide what can and can't be done - by voting - and the president is charged with ensuring the community's wishes are carried out." If you disagree with current rules you ask for the chance to change rules by community voting at a meeting on it. A new President doesn't matter, it is voted on by owners.

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Exactly. The president cannot make rules up as he/she goes along.
With regards to alterations to your property, you will find stuff about this in the Horizontal Law, and also most likely in the estatutos - community rules, which will make it clear that the permission of the community has to be obtained. The president should not be making such decisions on his own. He/she'd be nuts to do so anyway, because if he/she gets it wrong, he/she is legally responsible and could find him/herself in hot water.
As for previous "rules", if they were agreed in a community meeting, and recorded properly, then they can only be changed by a new president when a meeting is convened and a vote taken.

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Roberto, as always, is correct.

You will need planning permission for just about anything ( assuming of course that you are able to have the work done bearing in mind what Roberto has already said.
When you fill in the forms for the planning permission and trot along to the town hall, you will have to pay a percentage of the costs, usually only of the materials cost and this is NOT refundable.
Waiting time at Orihuela Costa or Town is now at approx 3 monthe ( if you're lucky ) and as it's August, I doubt they will even accept applications till mid September !!
If you do not have planning permission, you stand a good chance of having to remove whatever you have built, regardless of what the Presidente or anyone else says.

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Hi All,
Regarding the town hall and planning permissions.
At Algorfa town hall you pay a % of the value of works to be carried out(non refundable) plus 200€ which IS refundable once the local surveyor has been around to check the works is carried out to the plans submitted.
I had my walls raised,the legal height for a solid wall is 1.2m (in this area), once you apply for permission and put the plan in you can start the same day if you want.
The reason Algorfa do it like this is because if you do not stick to the plans then they then keep the 200€ as a fine for not adhering to building regs,if everything is ok then you get it back.
Obviously from the posts on here all town halls are different,as usual there seems to be no hard and fast rule just make it up as you go along........
Bset to check with the town hall near you first me thinks.

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"........once you apply for permission and put the plan in you can start the same day if you want".

Really??? So what happens if it turns out your plans do not conform to regulations? Surely you have to wait for your plans to be approved before you start work, or risk having to pull it all down and start again? Submitting an application is not the same as getting approval, at least not in my book.

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Roberto, Georgia explained it ! He said "if you do not stick to the plans then they then keep the 200€ as a fine for not adhering to building regs" & said that was Algorfa town hall's way of doing things. (Do try to stick with the plot, dear. Did you enjoy your swim ?)

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If you don't stick to the plans, they keep your €200. OK, but the plans still have to be approved first. Come on, this is pretty bloody elementary stuff. If the plans you submit do not adhere to building regulations, they will keep your €200 AND make you pull it all down. And possibly add a nice hefty fine on top too.
Start building whenever you like, but all I'm saying is that the logical thing to do is wait until your plans have been officially approved.
BTW, yes thanks!

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 the logical thing to do is wait until your plans have been officially approved.  

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Changing the subject?

(good cause, though!)

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Come on Rob, let's go to bed !

Shurrup you others, Rob's in Spain, I'm in the UK.

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Hi Roberto,
Sorry i should have made that clearer, in this case i was talking about minor works,wall extensions ballustrades etc.
When you go into Algorfa town hall with the application they tell you the regs on the spot, if you say "i want my walls raised" they tell you there and then,the maximum height you can go to is 1.2m solid with ballustrades on top of that.
You then sign the application to declare you have understood the regs, you can then get on with it straight away, when the work is completed you inform them and they come and check, if everything is as stated in the permissions then you get your money back and your certificate.
It is a much better system and saves on time and red tape.
If your are talking about Major works,extension etc... then normal rules apply,wait for the full permission.
Algorfa seemed to have it sussed,they have a list of specifications for most minor works and the system is very good.
Regards
Georgia

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