Community laws

[sandra5]

We have recently applied to our community of owners for permission to install an aluminium and glass solarium on the open terrace of our atico apartment. As far as we know, the administrator did not send a letter to all the owners nor did the president display our plans on the notice board for all the neighbours to see. The admin contacted us and said that a woman had objected and therefore because 1 person did not want it to go ahead, we cannot build the solarium. We have been told by a Spanish friend that in a situation like this, we can go to the town hall for permission and if we get it then the neighbours cannot do anything about it. Can you tell me what the correct way is please. Can 1 person object and even try to dictate to me what type of blinds I will have to install as an alternative to the solarium. Should there not be a case for all the neighbours to be informed and a vote taken? Thank you.

[Expert advisor]

First of all you should check at the Town Hall whether your property or the group of houses have used all the development potential (edificabilidad) that is permitted. If the remaining development potential is not yours in exclusivity you would have to apply for permission to the community of owners as the roof consume development potential. However should there be similar installations in other properties of your community and they obtained permission from the community of owners, they can not refuse your request, but please kindly note that you will always need the licence from the Town Hall.

Should you require any further assistance, please do not hesitate to contact us.