Question about compensation for extreem loud noise caused by landlord to renovate property

Hi Ronald,

You say that your Landlord, as one of the property owners, agreed to the renovation works, so have you spoken to your Landlord regarding the disruption to your enjoyment of the property?  Did they give you advance warning of the works to be carried out?

In any event, according to Spain's Urban Lease Law ("Ley de Arrendamientos", or "LAU"): 

“When the execution of work cannot reasonably be deferred until the conclusion of the lease, the tenant will be obliged to bear it, even if it is very annoying or is deprived of a part of the house. If the work lasts more than twenty days, the rent will have to be reduced in proportion to the part of the dwelling that the tenant is deprived of." 

In other words, if the repairs take more than 20 days and their execution denies you access to a part of the property you are renting, then you should be able to get a rent reduction. 

Kind regards,

Kim

As mere tennants you are not legitimated to claim except from the owner. Noise must be tolerated between 8.00 am and 10.00 pm. Between 10.00pm and 08.00am call the cops (Policia Municipal) to witness existence of abnormal noise in written stating who and why is originating the noise. Such statement enables you to start legal action. Be prepared to wait 2 years+ for a hearing and a succulent lawyer fee.

Thanks Kim,

We are not deprived of a part of our home but because of the noise it is not bearable to live there.

So my question was THAT will be a reason for compensation.

Kind Regards,

Ronald

Hi Kim,

And NO they did not give us an andvance warning. We arrived after a holiday after 30 hours traveling  at 1 PM  and needed siesta!

Than from outside we heard the noise of the drill. It will take probably a few months because the buildings back and front will be renovated.

I read that the owner has to inform the tenant three months in advance.

By the way: I informed my legal insurance. I think I also will involve the Tenancy Tribunal.

Because of the noise it is impossible to sleep during siesta. As I suffer from insomnia I need to add some sleep during the day.

Kind Regards,

Ron

It may be worth speaking to the Ajuntamiento  to establish the local rulings. Different places interpret the rule differently, for example, some local authorities in this area prohibit noise during siesta time.

We had the same problem as you when the workers suddenly turned up and started reforming the upstairs apartment. This went on for weeks although they didn't start until 9am and stopped for siesta. Finishing time could be up to 8pm.

These things happen and we accepted that progress and updating has to be done.

We organised going out for the day on worse times. We didn't think about or expected any compensation. 

Steve