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Walls built by neighbours

Posted: Mon Mar 28, 2022 10:34am
9 replies390 views6 members subscribed
melville

Posts: 25

3 helpful points

Location: Moraira

Joined: 23 Apr 2020

A neighbour has had a wall built which we gave our approval for but could not at the current time contribute to it. The wall has been built and the neighbours side is all rendered and painted. The side of the wall facing my property has been left totally unfinished. My question please is does he have a legal right to leave the side of the wall facing our property unfinished .

I have heard over the years so many incidents between neighbours over walls and would appreciate an informed answer that would be the true legal position.

killjoy

Posted: Mon Mar 28, 2022 10:44am

killjoy

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Joined: 4 Nov 2017

Posted: Mon Mar 28, 2022 10:44am

Depending on the "Ordenanzas" of your couincil there are restrictions affecting "constructions" of any kind. In my community nothing can be built up within a 1,5 m zone from the property limit. Talk to "Urbanismo" at your council.

Stevec61

Posted: Tue Mar 29, 2022 10:01am

Stevec61

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Posted: Tue Mar 29, 2022 10:01am

I would think that for any wall built by your neighbour, with your agreement, you will be responsible for any rendering, painting etc on your side. Whether or not he has obtained the correct permissions from the local authorities is another matter

Basil brush

Posted: Wed Mar 30, 2022 8:43am

Basil brush

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Posted: Wed Mar 30, 2022 8:43am

In the Uk it’s always courteous to have the better face of the wall facing your neighbours and any piers or pillars facing your own property ( includes fencing and posts) and although it’s not law it’s standard practice……bearing in mind most walls are block walls in Spain and thereafter rendered then it should always be agreed etc prior to works that will be the standard of the finished job! I think you may be stuck with sorting your side of the wall out at your expense now unless your neighbours are reasonable? ….good luck with it!

Relyat

Posted: Wed Mar 30, 2022 9:50am

Relyat

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Posted: Wed Mar 30, 2022 9:50am

Unless the licence for works from the council specifies a finish, or you have an agreement with the neighbour, then finishing on "your" side is your responsibility. 

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PeterPan

Posted: Wed Mar 30, 2022 8:29pm

PeterPan

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Posted: Wed Mar 30, 2022 8:29pm

Basil brush wrote on Wed Mar 30, 2022 8:43am:

In the Uk it’s always courteous to have the better face of the wall facing your neighbours and any piers or pillars facing your own property ( includes fencing and posts) and although it’s not law it’s standard practice……bearing in mind most walls are block walls in Spain and thereafter...

... rendered then it should always be agreed etc prior to works that will be the standard of the finished job! I think you may be stuck with sorting your side of the wall out at your expense now unless your neighbours are reasonable? ….good luck with it!

No, in the UK the person that's paying for the fence/wall would have the better face. Why on earth would you build, at your own expense, a boundary fence/wall and have the construction side facing yourself?

That said, if your paying for a fence you would normaly pay for both sides to be treated and leave subsequent maintenance to your neighbour. I think the O/Ps neighbour has acted correctly in leaving the choice of finish to the O/P and the O/P is fortunate that he's skipped paying his share.

Basil brush

Posted: Wed Mar 30, 2022 10:28pm

Basil brush

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Posted: Wed Mar 30, 2022 10:28pm

PeterPan wrote on Wed Mar 30, 2022 8:29pm:

No, in the UK the person that's paying for the fence/wall would have the better face. Why on earth would you build, at your own expense, a boundary fence/wall and have the construction side facing yourself?

That said, if your paying for a fence you would normaly pay for both sides to be treated and leave subsequent maintenance to your neighbour. I think the O/Ps neighbour has acted correctly in leaving the choice of finish to the O/P and the O/P is fortunate that he's skipped paying his share....

...

I don’t know whereabouts in Uk your from Peter Pan but I have never ever heard of this before in forty years of construction! Ask any builder/ bricklayer and you will find piers / pillars always always go your side of the wall…..if you ever care to look around gardens / boundaries/ retaining walls you will see !

Also with fences …especially those with arris rails and posts you will indeed have these on your side of the property and the better face on the outer face…..amongst qualified experience builders/ Survyors/ developers you would know this as standard!

Spainish / French/ Itiailan s etc normally adopt the same principle although most of the walls they tend to build are concrete block which then need rendering….so as I had already stated before….unless the builder or neighbour has a verbal agreement beforehand or the council have specifically asked then they typical leave them plain/ unfinished.

melville

Posted: Thu Mar 31, 2022 12:11am

melville

Original Poster

Posts: 25

3 helpful points

Location: Moraira

Joined: 23 Apr 2020

Posted: Thu Mar 31, 2022 12:11am

Basil brush wrote on Wed Mar 30, 2022 8:43am:

In the Uk it’s always courteous to have the better face of the wall facing your neighbours and any piers or pillars facing your own property ( includes fencing and posts) and although it’s not law it’s standard practice……bearing in mind most walls are block walls in Spain and thereafter...

... rendered then it should always be agreed etc prior to works that will be the standard of the finished job! I think you may be stuck with sorting your side of the wall out at your expense now unless your neighbours are reasonable? ….good luck with it!

The wall was built because the neighbour wanted the wall and had it built for his property. I informed him we had no objection to the wall being built but could not at the time afford to contribute. Which while he was disappointed he went ahead and built the wall and had it fully finished on his side only. I was visiting my property when his workmen were fully finishing the wall his side I had a meeting with him and agreed with him that I would clear all the oleander from the wall as it would make access to the wall easier for him to fill in the trench and as he indicated his men would be rendering the wall.

I even paid him to clear the result of two days hard graft out of my 4 day visit that I spent cutting down all the plants my side to give him access to the wall. 

Is it unreasonable that he completely disregards his assurance to me that he was going to render the wall.  I did not expect him to paint it 

There are no pillars it is just a blank concrete block wall.

The main issue is that he promised me he was going to render the wall I cleared it to make it easier and quicker for him then he just left it. 

I sadly perhaps still believe my word is my bond  

Basil brush

Posted: Thu Mar 31, 2022 7:35am

Basil brush

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Location: Almoradí

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Posted: Thu Mar 31, 2022 7:35am

Hi Melville,

I can understand why your disgruntled at his actions.

In my book I was always taught that a verbal agreement was as good as any contract but unfortunately enforcing that is very difficult to do!

I would definitely go back to the neighbours and insist they keep to the agreement and if not maybe threaten further action? All said and done you do have to remain neighbours so it’s always difficult .

I wish you well with your situation and hope it all pans out ok👍🏻

Relyat

Posted: Thu Mar 31, 2022 10:43am

Relyat

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Posted: Thu Mar 31, 2022 10:43am

If you've not already done so, I'd say that a chat with neighbour would be in order. Just remind him, in a good natured way, that he had agreed to render the wall and that you had contributed by way of your labour and payment. 

I hope that you can find a way through this, you may be offered to split the cost, but as already mentioned, any further action will be tempered by the knowledge that you are living adjacent to each other. 

Good luck. 

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