Height of wall between properties

Information and questions about the Law in Spain and Andalucia.
unis09
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Height of wall between properties

Postby unis09 » Sat May 28, 2016 12:52 pm

Our neighbours have put up a 3m wall between our properties, blocking our view.

I understood that by Spanish law the maximum height allowed for such a shared wall was 2 m, but have been told that a new law has come out which limits the height to 1.5m.

Can anyone please clarify?

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gerryh
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Re: Height of wall between properties

Postby gerryh » Sat May 28, 2016 1:06 pm

My understanding was that 2 m was the max height. A nearish neighbour had to reduce the height of their wall to 2m after the builder had built it higher.
Ask your town hall, they are the ones to enforce the law if it is too high.
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Gerry
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unis09
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Re: Height of wall between properties

Postby unis09 » Mon May 30, 2016 7:54 am

Thanks, Gerry. I will go and ask at the town hall.

Since building the wall they have raised their upper terrace by about a meter, but the wall is built on a slope and the wall at our lower terraces exceeds 3 m in parts.

I wonder would one be within his or her rights to dismantle the offending blocks?

unis09
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Re: Height of wall between properties

Postby unis09 » Mon May 30, 2016 11:35 am

I wento the town hall and they told me that there are no "normas" that they apply to walls between properties. They know nothing of a national law regarding a maximum 2 m height.

Can anyone please advise?

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gerryh
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Re: Height of wall between properties

Postby gerryh » Mon May 30, 2016 12:08 pm

If your town hall says it's OK then there isn't a lot you can probably do about it.
Your local town hall enforces, or should enforce, the laws.
If on the other hand there is a national law then you will have to take on your neighbour and your local town hall in a possibly very costly legal dispute.
This is my opinion of the situation.
Cheers
Gerry
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unis09
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Re: Height of wall between properties

Postby unis09 » Mon May 30, 2016 12:14 pm

Thanks again, Gerry. The guy in the town hall basically said that I should see a lawyer because it is a civil case. But then again I wonder if the lawyer will know anything about laws regarding maximim heights of walls??

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Re: Height of wall between properties

Postby Lavanda » Mon May 30, 2016 1:15 pm

There's no law about wall heights here. Since buying our town house we have had neighbours on all sides build terraces and walls around our patio which now mean that the sun no longer strikes the patio floor between November and February. The views of the local sierras have also been reduced. The building work has all been sanctioned by the Town Hall but we never knew about the work before it started so we were never in a position to lodge an objection. Having written all that it does mean that the patio still retains total privacy and I have a higher wall up which to grow my climbing plants so it looks really pretty. We are also thinking of building a terrace and, given time, I expect our small village will resemble Manhattan.

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Re: Height of wall between properties

Postby wollie » Tue May 31, 2016 8:54 am

i wonder what height it is from your neighbours side as I suspect it may be under the 2 metre mentioned...
what I have noticed in a few houses I gave seen that were reformed is they gain considerable space at the back by going up.
is it possible that the others have done this which leaves your house with the problem you have?

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Martin Page
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Re: Height of wall between properties

Postby Martin Page » Tue May 31, 2016 10:03 am

There is no height definitions of dividing walls between properties.
It is usually taken to be 2m but the walls here are limited to two blocks and a 1.5M wired mesh above. Most people plant conifers or green mesh netting to get privacy.
You only right for wall height, is your right to light - which out here is impossible to establish

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Martin Page
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Re: Height of wall between properties

Postby Martin Page » Tue May 31, 2016 10:03 am

There is no height definitions of dividing walls between properties.
It is usually taken to be 2m but the walls here are limited to two blocks and a 1.5M wired mesh above. Most people plant conifers or green mesh netting to get privacy.
You only right for wall height, is your right to light - which out here is impossible to establish

jhonie99
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Re: Height of wall between properties

Postby jhonie99 » Tue May 31, 2016 6:07 pm

If rural (non-urban), the max height as defined by the Codigo Civil is 2m, in various combinations. The autonomous region can regulate further.

Go to the townhall and demand to see the project for the offending wall. If none exists or the actual work doesn't reflect the paperwork, make a formal/written complaint. The townhall will have something like 3 months to provide a resolution. If unsatisfactory, denounce to the Diputado del Comun or whoever in Andalucia (I'm in Canarias, so procedures can be different.)

Make life difficult for the criminals. Spain is full of them.

unis09
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Re: Height of wall between properties

Postby unis09 » Thu Jun 02, 2016 7:36 am

Thanks to all for your helpful comments.

We have had our place for 15 years and it has had a beautiful view of the sea and the Costa Tropical coastline. New owners took over the house next door and the woman decided she wanted total privacy, even if it was going to partially block our view to the east. Her husband had told us they would not do that, but they have. They live and work in Brussels, visit occasionally. Their local representative is her half brother who lives here and is as Spanish as he is Belgian. He knew the trick of building up your terraces so you can say your wall is not so high.

We were furious more than anything else about the lack of thought on their part. We let them know how unhappy we were and they have made a small concession. Their house is a pre-fab, brought from Germany on a truck by the previous owner. The building seems to occupy most of the plot, which I thought was illegal (but once again, are there laws/rules about such things in Andalucia?).

But the bottom line was that they did not want neighbours as unhappy as we have been so they have offered to lower a small section of the wall.

The whole thing has been distasteful, but listening to other cases, it could have been worse.

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Re: Height of wall between properties

Postby wollie » Thu Jun 02, 2016 9:50 am

to be fair to your neighbours they seem to be working with you and this is the way to go... if you have not already fallen-out with them too much I suggest you invite this person who represents them to your house in a non- confrontal way he may understand your concerns... I find most people are very reasonable about this kinda stuff if you use right approach..
it is also possible that these people are having regard for your privacy as if their terrace is higher and the wall is not 2 metres on their side they will be looking down on your terrace...
I had an instance (not in spain) where people moved in across the road from me in the countryside, when I would go to my living room window I was looking straight down on their house.
They did not say anything but I planted a few trees and straight away I knew they were pleased as it was a way of telling them I was aware they needed their space, trees now doing the job as intended.
I expect it will work out fine and you may end up getting to know them if you play it smart..


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