Reforms and Building Works on Properties During the Summer

Due to the favourable weather conditions it is in the summer months that most home owners and communities decide to carry our works or reformation projects on properties or the community communal areas. This often includes working on the outside of buildings.

Some simple questions and answers:

What permits and licences must be applied for?

These are regulated by the town hall bylaws so the application must be made there. Licences will depend on the type of works being carried out. Protection of the building/s is also taken into account.

Is it necessary to notify owners of neighbouring properties?

If in a community, you must inform the president of your intention of carrying out the works. The community can then ensure that the community elements are not interfered with and the statutes are respected. If the works do not affect safety or alter the structure of the exterior of the building. This may include demolishing a wall or removing supporting beams, just informing the president is sufficient.

If the works or reformation affects the communal elements such as the facade, load bearing walls and no consent was given. How long does the community have to make a claim against the works and owner?

The community of property owners have fifteen years since the date of knowledge of the works which were carried out without consent to make a complaint and commence litigation against the works and the possibility of indemnification for damages (if exist) and to commence on litigation against the owner. The decision to do this must be taken by a vote of ‘mayoria simple’ (simple majority)

Are there a specific hours in which to undertake a reform?

Permitted noise levels are regulated by the environmental bylaws of the municipal where the property is located. Town halls can regulate hours so it would be best to check there. The norm appears to be that works cannot be carried out between the hours of 9.00pm and 08.00am weekdays and 9.00pm until 9.30am  during weekend and fiesta day.

The community or owners can use their own statutes to lay down rules of hours where certain works can be carried out. However, this regulation can not introduce arbitrary criteria, and must be motivated by the need to improve the rules laid down by the town hall. the community has the right to be involved by majority in introducing he above regulations relating to hours.

Can you use the lift to transport materials and rubble?

Though there is no laws to regulate the use of the lifts for this reason, it is recommend that the community can insist that any damage caused will be the responsibility or the homeowner in question. That they should also be responsible for the making good and clearing of the lifts and communal areas used for the removal of debris and rubbish.

A reminder that your town hall can have their own ‘ordenanzas’ ordinance. Please check with them.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.