Illegal Extension - How do I object?

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30 Dec 2009 12:00 AM by TechNoApe Star rating in Duquesa, Manilva. 1277 posts Send private message

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In my urbanisation there is an illegal office in the communal garage which was used for 3 years as a sales office by the builder/promoter.

Last year the President of our Urbanisation announced that this office would no longer be used and didn't want to get involved.

Now the builder/promoter is making alterations to this, and I believe intent on adding this as part of the property next door, which is owned by the Managing Director of the builders/promoters.

So, as I believe this is totally illegal, as they do not have permission from the community of owners to do such, and I suspect also do not have approved building plans, how do I object?

Also which office in Manilva, and where is it, so I can obtain the original approved building plans for the urbanisation, and in particular, our blocks?

 



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30 Dec 2009 1:24 PM by TechNoApe Star rating in Duquesa, Manilva. 1277 posts Send private message

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Ah-ha!

I calmed down a bit and remembered the Land Registry.

So I've answered one question as to which office I need to go to and where it is.

Now just need to know where and how do I lodge a legal complaint and put a stop to this?



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30 Dec 2009 3:56 PM by mariadecastro Star rating in Algeciras (Cadiz). 9419 posts Send private message

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Planning department of the Manilva Local Council.



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31 Dec 2009 9:05 AM by spanishsolicitor Star rating in Murcia. 140 posts Send private message

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Firstly, you need to find out the owner of this office. As you live in a community your president or administrator may give you that information but the 100% secure answer is in the Land Registry. It could be a common area which belongs to the community or a private unit. The Master Deed of your community contains a description of the common and private areas.
 
Regardless of who is the owner the fact is that this kind of alteration requires unanimity of the Owners’ Committee OC (all the owners voting for in a meeting).
The usual content of the ownership right is limited in a community by section 7 of the HPA
The owners of each flat or premises may modify the architectural elements, installations or services of their flat or premises, giving prior notice to the commonhold representative provided such work does not diminish or alter the safety of the building, its general structure, its external image or configuration, or prejudice the rights of another proprietor.
The owner and the occupant of the flat or premises shall not make any alteration in the rest of the community (Common areas)
‘General structure’ means bearings walls and floor structure. ‘External image or condition’ refers to everything regarding facades or even canopies
Limits established in this section will not operate if an owner obtains unanimous consent from the OC


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