building within a boundary

Hi everyone, it's my first post on this forum and I'm hoping to get some help.

My partner and I are buying a plot of land in Murcia, and having a house built.

We have worked with a lawyer and architect and got the plan of the house we want to build which is withing the allowance on the plot we are building upon.

The issue we have is that we want to locate the house within about 6 or 7 metres of a neighboring property. We have been told that officlally the limit is now 15 metres however if we have a written letter from the neighbours we can overcome this restriction. We have that letter from the neighbour however the architect says that the process is to submit the plans for licence with the house 15 metres away from the neighbour and move it when the time comes to build. they say that this is perfectly allowed to move a property once building starts (within sensible reason), and that given we are moving within the 15 metre restriction, we have the neighbours written support to protect us.

The lawyer says that this seems ok and that the architect takes responsiblity for this all the way through.

We can't understand why we can't simply submit the licence plans with the house in the correct location, and show the letter of support to qualify the neighbours support.

It seems the lawyer says trust the architect, the architect and builder both say it's perfctly fine and have given examples of many local peoplle that have done the same without problems.

Has anyone had similar issues or problems?

Thoughts and experiences very welcome please.

Regards, Carl

 all good and well... until your neighbour moves!

your new neighbours might not be so accomodating!

so i would ensure you get something legal written up to protect  you rather than reley on a neighbours letter of agreement and 'hearsay' from the builder and architect, who, once built and have your money, wont be interested!

When buying in Spain take no risks at all...just read post on EOS!

Treat buying the same as you would in UK and make sure that there are no aspects which are not 100% legal and correct

One day you may wish to sell and a new buyer will not want anything irregular

Does not matter that the architect and lawyer saying that the Spanish do it all the time and it is 'probably OK' 

If the technical aspects are not 100 % correct walk away or make sure that they are

that is just A FACT OF LIFE when you buy in Spain, now more than ever before 

2 issues

- A letter from neighbour its not enough, you must go with him to the notario to sign that, if not you can have troubles in
the future, he could blackmail you asking you for money or he will go to the court to have your house demolished

- I dont understand why the architect acts in that way, if you do something that its not like in the plan the authorities can stop the building works and order the demolition in any time, to save time and money be allways in the side of the law, do not cross the line even if the architect asure you that there is no problem, he can walk away at any time.

Dont take that kind of risk.

Never jump Townhall rules or you´ll pay it sooner or later

This arquitect lives on 19th century....Spanish authorities needs money and now sanctions for every little thing.