Can one owner enlarge his door?

By David Searl Tuesday, 12 September 2017 17:52 0
Q.

If an owner wishes to enlarge the French doors, such action would alter the facade of the block. Does he need the agreement of the adjacent owners? Does he need permission from the Community? Does it need a unanimous vote or 60 per cent of all owners present or represented? If the work was done without the agreement of the owners, what action can be taken against the owner?

P S (Costa del Sol)


A.

Properly, an owner who wishes to enclose his terrace or enlarge his glass doors must seek the permission of the Community. This permission requires a 60 per cent vote of owners present or represented in favour. Until 2013, this required a unanimous vote. Properly, the owner should also have a building permit from the town hall. Permission from the neighbours is not necessary. If the owner carries out the work without permission, the Community can obtain a court order to restore the original condition of the door or terrace. They should also seek court costs against the offending owner.


Send your questions for David Searl through lawyers Ubeda-Retana & Associates in Fuengirola at [email protected], or call 952 667 090.

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