Do I have to ask for permission for carrying out works in my property?

 In Real estate, Uncategorized, Users ask

A neighbor has made an enclosure of an interior gallery without asking permission to the community. Can I ask him to remove it?

Owners who intend to carry out works on privative elements must inform the President or the community administrator in advance. If the work involves the alteration of any common element must be approved by agreement that means a majority of 4/5. It is important to know that the new law establishes a presumption of consent if the existence of works considered, does not diminish the solidity of the building or involve the occupation of common elements in a well-known manner and the community has not shown opposition in the term of 6 years since they finished. Art. 553.36

The existence of Municipal Ordinances must not be forgotten, since in many cases these types of enclosures are explicitly prohibited.

The Community can demand the replacement of the common elements altered without their consent to the original state by contacting the corresponding department of the City Council of its population, which will initiate a sanctioning process that may even end in a contentious-administrative proceeding.

Despite legal protection, in most cases the solution is to hire a lawyer and it takes time.

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