Hi from Megmerlin got a question re Building works

Hi every one hope this finds you all well, I have a quick question about a glass consrvatory that I have had erected, I am having problems with a neigbour complaining.

I want to know what the rules are prior to the community being set up do horizontal property laws come into force after community set up or are they there prior.

I am not sure. My conservatory was set up before the community any thoughts any one !

Cheers Mags

Megmerlin

Hi Mags  

I know those who did things that didn't need town hall approval before communities was set up were allowed in our community & others on our large urb. 

Roberto, Karensun,  Deniseatnycs & Promedia all should be able to advise being either Presidents, ex president or wife of a President.

We also have Maria De Castro who is a lawyer helping members on EOS, who would be able to advise. With luck she will see your post.

Hello Mags, welcome to the forum.

Firstly, I'm pretty certain that you would have needed permission from the council for the conservatory. Did you get it?

Secondly, the Horizontal Division of property, as I understand it, comes into effect the moment the builder / developer splits the property into it's individual parts, i.e. once the building was completed and before you signed your escritura (deed). You will have to study the Horizontal Law to see exactly what it says about adding such structures, but again, I would imagine that you will find permission is required from the community.

You may also need to get hold of a copy of the estatutos, from the developer, which is like the master deed for the overall property, and may contain certain specific rules that the developer put in place prior to the formation of the official community.

Thanks all very helpful seems I must get approval from my neighbours. Hope they are not too upset by my conservatory.

Cheers every one, I will keep you posted with my situ.

MAGS

Getting permission from the Town Hall is a seperate issue from getting permission from your community. You will need planning permission for building works from the town hall.....................you need planning permission for just about anything.

I understand that you need permission from your neighbours on either side before you do anything that may affect them but am not sure if that is before the Community is inaugarated.

From the Horizontal Property Act:

I think this applies, even if the community has not been "inaugurated". The community representative, in this case, would be the developer. Mags, if you had written permission from the developer, your neighbours would not have much of an argument. If not, you may have some sweet talking to do!