Talk Quesada forum

Hi,
Looking to get Glass Curtains to front of house and been advised that need a building Licence. Just wondering if I can go to Quesada Town Hall to get this or do I have to go to Rojales ?
Does anyone know if this is a straight forward process ?
Any advice would be much appreciated
Roz

Unless you are fitting the curtains yourself if you do need a licence the people fitting should sort it!

Thank you scubydoo - definitely going to get someone to fit them.

just had president come back to me who said no need to get a licence if agreed by community it will all be legal. May still check this out

Think your President is wrong, community can approve it but officially you should get a license from the town hall, but many do not.

I agree with polop, as President of our community I scan in detail all articles about property improvements. I recently read that Glazed in terraces or closed in porches are to have a license as the Spanish laws regard these enclosures as extensions of the built floor area of the property. Therefore it is the owner of the property responsibility to get a license.

Thanks - will definitely look into the licence.

Still so much to check as president is unsure if I need to get 60% of community to agree ( lots of owners on our community have glass curtains) or it can be a lower percentage. Another owner took 3 years to get his approval on a pool as owners didn't bother voting, had to go to Town Hall to seek approval in the end, I think. I have also been advised as we have had the AGM this year and this was not on the agenda that we may have to look at the costs for contacting all owners.

I thought it would be an easy process as the curtains are not classed as a permanent fixture however so many things to think off.

Rainbow
have had a similar problem with this ruling for glass curtains on our community I have reasearched this problem on the the internet it is all governed by the Horizontal property law by right you have to have at least 60% of your community owners approve the installation done at AGM.

But I have found section of advise from a solicitor with regard to this problem I have cut and pasted to this thread for your reading it relates to the Spanish Supreme Court agreeing in one instance through the virtue of Tacit consent In short if other people have already installed then by Tacit consent the community cannot stop you from installing.

But I would be wary if you did not get consent first from the Town Hall as they could make you remove if you do not get approval.

This HPL is a minefield so have a good read and if you feel to install seek professional advice first and ask them about Tacit Consent

This is a minefield depending on what community you are on, every time a request is made for improvements we are told not allowed by Horizontal Property Law (HPL). Having looked into this further and dissected the HPL I have come across a website with a lawyers version and gives some examples of permission being granted or nor granted as restricted by HPL.
This website gives cases of rulings made by the Spanish Supreme Court with regards to The HPL.
As for the question set by rainbow there is section with regard to Tacit consent ie in laymans terms if an improvement has already been made without approval from the community at any AGM then by Tacit consent
you should be able to carry out the works you require to your property without approval from community i.e. 3/5ths or 60% of eligible voters from community as detailed in HPL

Below is the section taken from section 7 of the HPL which may help in your case rainbow
Text copied from : http://www.fljordan.com/index-2.html


The rule of tacit consent is widely applied by the Supreme Court, it means a form of consent which is not expressly granted , but rather inferred from actions and the facts and circumstances of a particular situation (or in some cases, by silence or inaction).
This problem often stems from inadvertence: a lack of familiarity with the rules leading to consent having been given erroneously in the past; a failure to enforce past transgressions or a president having given approval on a matter falling outside his sphere of responsibility. Much litigation is caused not necessarily because of any malignant intention to thwart the will of the OC, but rather because of a sense of unfairness that a privilege that has been allowed to other owner in the past is being unfairly withheld from the litigant commonholder.
The term is most commonly encountered in the alteration of common and private parts. Tacit consent also means that if other owners in the same commonhold have glazed their terraces or balconies previously with tacit or express consent, the OC may not then prevent new owners to carry out such works .

Problems arise when the previous glazing and the planned one do not possess the same features; in that case the tacit consent’s rule breaks up.CA ruling in Madrid 29-06-2004, 27-06-2003 and 27-12-2004

If there are already owners with glass curtains then you should not have any problems with your community just nice to ask.

Thank you so much for the detailed response, I have found it most useful and interesting.

I'm still awaiting my president to come back to me, the problem I think I'll have is getting 60% of the community to agree( it's not that they wouldn't want me to have it , they just don't vote) so don't think I'm going to have much luck but will try.

Will keep you updated

Rainbow

Suggest you show your president the write up about Tacit consent