Noisy neighbours

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02 Oct 2014 7:15 PM by gillie002 Star rating. 7 posts Send private message

I have very noisy neighbours, is there anything I can do here in Spain? She is a music teacher, and although I can stand the grand piano, she insists on teaching children singing using an amplifier. I have politely requested that she closes the patio door which helps, but she ignores my requests. It's driving me crazy and ruining my life here in Casares

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02 Oct 2014 11:24 PM by morerosado Star rating in Guardamar del Segura.... 6927 posts Send private message

morerosado´s avatar

Maybe you should check she has a licence to do this? Would she require one? Most people seem to do just as they want, regardless.









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03 Oct 2014 8:55 AM by Mickyfinn Star rating in Spain and France. 1840 posts Send private message

If you live on an urbanisation here is the law that applies.

Section 7 (2) of the HPA provides:

The owner and the occupant of the flat or premises shall not carry out in such flat or premises, or in the rest of the building, any activities which are not permitted by the Articles , or which may cause damage to the estate or contravene the general regulations concerning nuisance, unhealthy, noxious, hazardous or unlawful activities.

The president of the commonhold association, on his own initiative or at the request of any owner or occupant shall request the immediate ceasing of any of the activities banned by this section under warning of appropriate court action.

If the offender persists in his/her conduct, the president, subject to the authority of the Owner’s Committee, duly convened for this purpose, may undertake a court injunction procedure, which, insofar as not expressly provided for in this section, shall be handled by ordinary procedure. 
Once the action is brought, along with the accreditation of formal notification to the offender and the certification of the resolution adopted by the Owners’ Committee, the court may order as a precautionary measure the immediate cessation of the prohibited activity, under admonition of incurring an offence of contempt. 
Furthermore, the judge may adopt any provisional measures necessary to ensure the cessation order. The action must be brought against the proprietor and, if fitting, against the occupant. 

If the judgement were for the claimant, it may decree, besides definitive cessation of the prohibited activity and the awarding of damages as may correspond, the forfeiting of the defendant’s right to use the flat or premises for no more than three years, depending on the seriousness of the infringement and mischief caused to the commonhold. If the infringer were not the owner, the judgement may definitely terminate the offender’s rights to the flat or premises and order his immediate eviction.

Time is the school in which we learn Time is the fire in which we burn. Delmore Schwartz.

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10 Oct 2014 4:03 PM by mariadecastro Star rating in Algeciras (Cadiz). 9354 posts Send private message

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