Per Svensson An owner of a villa wanted to increase the height of the wall already existing on the dividing line between his property and that of his neighbour. |
He went to the Town Hall and told them in less than perfect Spanish that he wanted to heighten the existing wall. The employee in the municipality misunderstood him and gave him a licence to build a dividing wall of 1.20 meters, conditional on the municipal "ordenanzas" (rules). Later he asked for another licence to build an additional 0.80 meters to the same wall, and again he was misunderstood and was given a licence to build a "muro interior de 0.80 m."
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The owner built the wall, and was later denounced by his neighbour. Technicians from the Town Hall came to inspect the wall and found out what had happened. The alcalde issued a decree that the excess wall had to be taken down, since the first licence was given without taking into account the previously existing wall, and the second for the same reason, and also for the reason that this wall was to be an interior wall, not a boundary wall between two properties. The "ordenanzas" that the two licences had referred to prohibit an owner from building "muros medianeros" (boundary walls) of more than 1.5 meters without written consent from the neighbours. properties in spain
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The owner feels that the blame should be put on the municipal office for not understanding the situation. But the legal point is that the application, filled out in Spanish by the employee, had the text that was given in the licence, and was signed by the owner, the applicant.
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Application for a building permit properties in spain
Properties in Spain
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Following is the text of the application for an "obra menor" (minor works) in Spanish with a rough translation into English: properties in spain |
........................................................................... |
PETICION DE LICENCIA DE OBRAS DE REFORMA PARCIAL Y OBRAS MENORES |
SR. ALCALDE |
Don......................................vecino de.................. |
con domicilio en.................................................... |
Nº.......piso.........D.N.I. Nº...........y teléfono................ |
en concepto de............... a V.S. con el debido respeto: |
EXPONE: Que siéndole necesario efectuar las obras |
de reforma parcial y menores, cuya descripción se hace seguidamente, en la finca situada en .......................................Nº......piso...... |
las cuales quedarán terminadas dentro del plazo legal, siendo contratista de las mismas D.............................vecino de.......................... |
con domicilio en.....................................Nº.....piso.....D.N.I. Nº....... |
y telefono.......................... |
Descripcion de la obra / Valor |
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---------------------------------------------* |
PRESUPUESTO properties in spain |
En su virtud, |
SUPLICA a V.S. se sirva concederle la oportuna licencia con arreglo a las Ordenanzas Fiscales vigentes le corresponda. |
...........a.....de.......de 200.. |
FIRMA |
* here is where the work to be done must be properly described. If you are not doing it yourself, you must make sure that the employee in the Town Hall does it correctly so that you do not have any problems later. |
And here is the rough translation into English: |
APPLICATION FOR LICENCE FOR PARTIAL MODIFICATIONS |
AND MINOR WORKS |
MR. MAYOR |
Mr....................................living in...................... |
with address......................................................... |
number......floor......identification number (DNI)........and telephone.... |
as.......with all respect |
DISPOSES: |
That due to its being necessary to do some partial modifications and minor works, detailed below, on the property situated............................ |
number.....floor..............., that will be finished within the legal time limit, executed by...........................living in............number........floor......and with identification number..........and phone number............................. |
Description of the work / Value |
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COST ESTIMATE |
because of this, |
I apply to you for the corresponding licence in accordance with current fiscal rules. |
SIGNATURE properties in spain |
properties in spain |
The license is granted based on this application, with your signature on it. If you do not describe absolutely correctly the work to be done, you may be stopped or asked to demolish the construction because "it is not in accordance with the license given". Prproperties in spain |
