Techo Sobrante

I know I have put this thread on before about Techo Sobrante, but the situation has changed again.

Has anybody out there been involved in this community issue as the Town Hall architect has now said it is our responsibility and not there’s and for us to manage

Our main concern is that we are not Architects and any over build on our land could put the president facing a court case for illegal builds by way of extensions of bedrooms, bathrooms, underbuilds etc

Nitram  
 

Dear Nitram:

Could you please explain further what your problem is? I am sorry but... I do not understand.

Best,

Maria

I presume you are offay with Techo Sobrante, (Techo Sobrante translated is taking the air) for others out there on a community  it is the amount of land outside the front print of the property that you have left to make any extensions i.e to extend  bedrooms, bathrooms erect porches put up sheds etc.

The builder submits to the Town Hall the amount of land the community will stand (and they put it on the Plan Parcel) on then he builds property´s then the total amount of houses is deducted from the building figure.

EXAMPLE  If he wants to build 40 property´s on a  10,000 sq mt of land total property build 7,000 sq mt, 3,000 sq mt of suelo  land left  for owners to build, to be divided between all propertys, but by the plan parcel you cant build more then 30% of your  total Techo Sobrante.

The Techo Sobrante is divided between each property depending on the size of your property and the plot it stands, plot sizes vary between 600 sq mt and 87 sq mt and this is worked out by using the co efficent by law.

My main question is, is there any communitys out there where   the Town Hall has put on them to work out their own Techo and manage it themselves, our administrator says it is a Town Hall problem as we are not Arctic’s, or lawyers.

We have been told that the Town Hall will manage to see that ownes do not overbuild and go over their Techo Sobrante.

I believe this will put the community in a position where they give permission for some building work and legal action will be taken by the Town Hall for additional building work as we don´t know what Qualifies for Techo Sobrante and the amount and some owners may go over their TS.

As you can see this is a complex item, how do others go about their TS, or don´t you ¿ and can the Town Hall put this on to a community, i have pointed out to them that this is not a community issue and not covered by HPL to my knowledge

Regards

Nitam

Martin

I am sorry but there is no such term as " Techo sobrante" in my Planning Law literature but from what you tell it seems the number of built m2 allowed which have not actually been built and  distribution rights among owners of units under the same Work License. Is this correct?

Just an update after of Techo Sobrante.

I have now had clarification of what is Sobrante; there are 2 sorts of Sobrante Techo Sobrante and Suelo Sobrante.

When a promoter builds a number of properties (on a urbanization) on a plot of land and the number of properties he built doe’s not exceed the build ability the amount of land for that community, what ever is left is Suelo Sobrante I.e. the amount of land the community has left to build on be it the garden, driveway if owners wish to add a extra room bathroom, or extend a room etc.

Techo Sobrante is an amount where an owner may wish to use in the constructed area of the property, this may in our property glaze in a porch , build up on top terraces as  this areas is part  of the construction .

If an owner wishes to extend their property Techo & Suelo Sobrante is used, when the Sobrante figures are used up by the community nobody can construct anymore.
Of course a vote will have to be taken on how to distribute the Sobrante fairly to all owners.

I must say at this point we are not a block of flats we are 43 individual properties, also we may be different to other urbanizations as though we have green areas and are not  on a private road the town hall are responsible for the  maintaining of these areas roads sewage pipes in road roundabouts pavements etc..

Thank you all for your feed back

nitram