I have a problem with a proposed extension to my solarium on the first floor of my house in Spain.
My neighbour objects on the grounds that all the properties on our community should look the same, and that an extension would look unbalanced with his property and would have an impact on any future sale.
Ten other properties on our community have had work done as well. They have made porches, had side doors fitted and had walls made higher, with no objections, and all with licences from the local council. I have obtained a licence as well. No one else has objected. I know I need approval from the community.
My neighbour says he will pursue me through the Spanish courts if I carry on. Can you advise what it might cost me in legal fees if he brings a case? What will it cost him? What might the final outcome be?
M.P. (by e-mail)
1. To defend yourself in court will cost you €1,000, perhaps a little less. It will cost your neighbour the same to bring an action against your extension.
2. As you describe the situation, my lawyer consultants at Ubeda-Retana (see below) feel that you have all the odds in your favour.
3. Based on their experience, they also feel that your neighbour will never carry out his threat.
Converting garage to room
Further to your reply on enclosing balconies, what is the situation if someone builds a room in a garage under a house? Should the other owners of the community be consulted first? Would this also mean that new participation shares must be assigned to each unit of the Community?
R.V. (by e-mail)
1. Converting your garage into a room does not change your built area. It is an interior modification, so it does not change anything regarding the Community.
2. You do not need Community permission to make interior modifications, but it seems sound practice to mention it to your neighbours.