Even if you are licensed by the Local Council…
Building Works. When the owner of a home or premises intends to make works, doubts may arise as to the strength of the administrative license (issued by the Local Council) of works in front of the community.
All building works must be authorised by Local councils. However, if the work affects common elements of the estate, it also requires community authorization, even if it has all administrative permits and licenses.
The license issued by the local council only indicates that the works are legal with the required administrative regulations (therefore, the licenses are granted «except for the right of ownership and without prejudice to third party»), but does not legitimize the works on its own, nor is the community bound by the fact that the Administration has authorized it.
Therefore, the owner intending to make works that affect or may affect common elements must ask the community for prior permission (even if licensed), and the community may refuse authorization. Everyone must be aware that if these works are executed without Community permission, their removal may be required.
CONCLUSION: Even if a work is licensed, the community must also authorize it if it affects common elements.
For any advice or enquiry about communities or horizontal property law, do not hesitate to contact us.
Axarquia Solicitors
Jose M. Lopez-Avalos – Solicitor
Tel. 952 901 225 – mail@axarquiasolicitors.com
