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Legal Advice

Posted: Sun May 16, 2021 10:01am
12 replies1556 views7 members subscribed
rameses

Posts: 27

1 helpful points

Location: Benijofar

Joined: 7 Apr 2019

H i 

Does anyone know much about planning laws in Spain ?

The problem we have is our neighbor has erected a plastic/metal huge carport on the front of his property .

He has used the wall between our propertys which is 8 ft high to mount the metal framework on .

S o the height of the structure is 9 half feet tall is this allowed ?

We have not moved to spain yet however we are not happy please send me your views before we go legal !

killjoy

Posted: Sun May 16, 2021 11:21am

killjoy

Very helpful member

Posts: 1618

940 helpful points

Location: Orihuela Costa

Joined: 4 Nov 2017

Posted: Sun May 16, 2021 11:21am

Depending on the regulations of your council "Ordenanzas Urbanistica" my `personal impression ist that there is a minimum distance to be kept to the limit where no permanent structures can be set up. Talk to the "arquitecto municipal" and ask for an inspection.

rameses

Posted: Sun May 16, 2021 11:38am

rameses

Original Poster

Posts: 27

1 helpful points

Location: Benijofar

Joined: 7 Apr 2019

Posted: Sun May 16, 2021 11:38am

killjoy wrote on Sun May 16, 2021 11:21am:

Depending on the regulations of your council "Ordenanzas Urbanistica" my `personal impression ist that there is a minimum distance to be kept to the limit where no permanent structures can be set up. Talk to the "arquitecto municipal" and ask for an inspection.

Hi Thanks !

Jean48

Posted: Sun May 16, 2021 9:04pm

Jean48

Helpful member

Posts: 207

53 helpful points

Location: Playa Flamenca

Joined: 18 Sep 2015

Posted: Sun May 16, 2021 9:04pm

Hi, we live in Spain on Costa Blanca, we had a problem with our neighbours, as we wanted to put up a privacy screen. Was given solicitors details from my solicitor, as they specialise in this sort of problem. The email is: [email protected] bernabeulegaladvisors.com. they only charged me 190 euros for the advice, found them good.

Good luck Jean

Kimmy11

Posted: Sun May 16, 2021 9:27pm

Kimmy11

Legendary helpful member

Posts: 3685

7441 helpful points

Joined: 8 Aug 2017

Posted: Sun May 16, 2021 9:27pm

Hi Rameses,

You don't need to spend money on legal advice, just speak to the architect at your Town Hall who will advise if your neighbour has broken planning law.  If they have, the Town Hall can take enforcement action.

Kind regards,

Kim

1an

Posted: Mon May 17, 2021 12:17am

1an

Posts: 12

6 helpful points

Location: Torrevieja

Joined: 9 Jul 2017

Posted: Mon May 17, 2021 12:17am

Hi - member Kimmy11 is correct. And - anything higher than 1.8 meters requires approval of the council planning and architects and a certificate must be issued before such structures can be erected. Some may view 2m as the height limit before approval is needed. The local community management usually require to see approval certificate, otherwise they can demand demolition. To connect a structure to a common boundary wall requires a structural approval certificate from council, as well as neighbour consent too. Yes - go to the council - and let them do the needful. 

rameses

Posted: Mon May 17, 2021 8:02am

rameses

Original Poster

Posts: 27

1 helpful points

Location: Benijofar

Joined: 7 Apr 2019

Posted: Mon May 17, 2021 8:02am

Jean48 wrote on Sun May 16, 2021 9:04pm:

Hi, we live in Spain on Costa Blanca, we had a problem with our neighbours, as we wanted to put up a privacy screen. Was given solicitors details from my solicitor, as they specialise in this sort of problem. The email is: [email protected] bernabeulegaladvisors.com. they only charged me 190 euros for th...

...e advice, found them good.

Good luck Jean

HI thanks for advice

rameses

Posted: Mon May 17, 2021 8:09am

rameses

Original Poster

Posts: 27

1 helpful points

Location: Benijofar

Joined: 7 Apr 2019

Posted: Mon May 17, 2021 8:09am

1an wrote on Mon May 17, 2021 12:17am:

Hi - member Kimmy11 is correct. And - anything higher than 1.8 meters requires approval of the council planning and architects and a certificate must be issued before such structures can be erected. Some may view 2m as the height limit before approval is needed. The local community management usu...

...ally require to see approval certificate, otherwise they can demand demolition. To connect a structure to a common boundary wall requires a structural approval certificate from council, as well as neighbour consent too. Yes - go to the council - and let them do the needful. 

Hi Thanks For The Advice

rameses

Posted: Mon May 17, 2021 8:10am

rameses

Original Poster

Posts: 27

1 helpful points

Location: Benijofar

Joined: 7 Apr 2019

Posted: Mon May 17, 2021 8:10am

Kimmy11 wrote on Sun May 16, 2021 9:27pm:

Hi Rameses,

You don't need to spend money on legal advice, just speak to the architect at your Town Hall who will advise if your neighbour has broken planning law.  If they have, the Town Hall can take enforcement action.

Kind regards,

Kim

Hi thanks for the advice

Keeks

Posted: Mon May 17, 2021 8:43am

Posts: 29

1 helpful points

Location: Playa Flamenca

Joined: 11 Jul 2020

Posted: Mon May 17, 2021 8:43am

killjoy wrote on Sun May 16, 2021 11:21am:

Depending on the regulations of your council "Ordenanzas Urbanistica" my `personal impression ist that there is a minimum distance to be kept to the limit where no permanent structures can be set up. Talk to the "arquitecto municipal" and ask for an inspection.

I'd be interested to know how you get on Rameses, good luck.

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