Tuesday, October 23, 2018
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Legal
Spanish regulations for works in neighboring communities
Sooner or later they arrive, it is something normal in neighboring communities: the works. And with them for some neighbors come the controversies, fights and anger. But two things must always be taken into account: one, notify the president of the staircase and if there is also the administrator, and two, always keep in mind the Spanish regulations for works in neighborhood communities.Article 7.1 of the Horizontal Property Law is clear in this respect. He is the one who dictates the regulation in this sense. Or what is the same, the user of each floor or premises can do work on it as long as it does not cause damage to the structure or cause inconvenience to another neighbor. Although as we well know the issue of "discomfort" is something subjective. Always notify the administrator!Exceptions in common elementsIt is also specified that in the rest of the building no modification can be made, making it clear that the works can only be done within your property. So the common elements of the home are untouchable. In the event that there is a need to carry out urgent work, the administrator should be informed.Within this prohibition to carry out works on common elements, there are two exceptions. On the one hand article 10.1 b of the LPH that ensures that if it were universal accessibility or if it were by petition of residents on the farm over 70 years of age or disabled in that case if works could be carried out, for example add a elevator or a ramp, in order that these people can communicate with the outside. This will be possible as long as the total cost of these works does not exceed twelve ordinary monthly installments of common expenses.Knowing the Horizontal Property Law is basicThe next exception would take place when the neighbor wants to do the work without violating his constitutional right of use and access to his private property. In that case, the owner would have to present his proposal in a Board. This is one of the main problems in the neighborhood communities.The Board could be in its right to refuse this work but if the work does not affect the structure of the building or its security could be done without any problem. If the co-owners refused, this would be seen as an abuse of right.The regulations for works in neighborhood communities goes further. And it dictates that in the event that the reform affects common elements such as the facade, the neighbors have a claim period of 15 years. Neighboring communities may require the owner of the farm to repair the damages that have occurred due to their work.So, are you thinking about carrying out a reform in your apartment? Nothing better than reading this article and having the basic rules well learned. Take note!