Community
Law Corner:
Article 13
Nuisance Neighbours
By José Luis Navarro www.intercala.com
The Solicitor and Property Administrator for Intercala Administration
and
Pete Woodall (Woody's Los Boliches)
This article first appeared in the Euro Weekly News, Costa del Sol Edition June 2012
Living within a community invariably carries the possibility of conflict between neighbours.
It can be caused through simple unawareness, differences in upbringing, an incompatibility of cultures or just a general lack of consideration for others. Progressing to anti-social behaviour or sinister acts of revenge. The current economic crises resulting in more people working from home and then their activities developing into a disturbance or even considered to be dangerous.
If a neighbour's unacceptable behaviour is threatening or aggressive, a physical attack, theft or intentional damage to private or communal property it would be considered to be a criminal offence. This is probably the simplest to deal with. The individuals or the community - as the victim - reports the situation to either the Police, Guardia Civil or a Court making what is called a “Denuncia” and then lets the authorities deal with it.
Whereas, for example, repeatedly using the swimming pool out of agreed hours, keeping pets where the statutes do not permit it, incorrect use of facilities and premises is not against criminal law but may still cause a problem or go against the statutes and rules of the community. Then there are other ways to resolve such situations.
The Law of Horizontal Property states in article 7.2: 'The owners and the occupants of a flat or business premises are not allowed to undertake any activities which are forbidden by the statutes and that are either detrimental to the property or infringe the laws that govern annoying, unhealthy, noxious, dangerous or illicit activities', and then goes on to explain the following procedures.
The President on their own initiative or at the behest of owners and occupants request that the offenders immediately cease the unwanted activity. This request should be made as an official warning from the community, implying that if they do not comply then further disciplinary action may be taken against them.
Once warned, if they persist then a meeting should be called to authorise the President to seek a court order to have the activity or offending behaviour stopped. Once the culprits have been properly notified of the court action, the Judge may as a precautionary measure order the owners or the occupants to immediately stop what they are doing or find themselves in contempt of court and if necessary take further measures until the situation is decided.
When the court finds in favour of the plaintiff and against an owner or business proprietor it will order a stop to the prohibited behaviour or activity. The court may well decide however to award compensation for damages and can even deprive the owner of the right to use their property for up to three years.
When the court finds against a tenant, then their right of abode could be removed and an order of immediate eviction issued. The extent of the courts level punishment in both cases would be dependent on the gravity of the infringement.
There are other situations where although the offending behaviour is not a criminal offence it is contrary to local by-laws. Then the community has the possibility to call the local police and report the infringement or follow the previously mentioned procedure and take legal action.
The courts in Spain are unimaginably busy and legal procedure certainly takes considerable time and usually there is no way to get a court decision quickly. When facing problems with holiday makers for example, who might be in a property for just 15 days or so then calling the local police is probably the most effective and cheapest way to stop any kind of unacceptable behaviour. Just the site of a couple of stern faced uniformed Spanish police officers at the door is enough of a deterrent for most tourists to stop behaving badly and if not then, call your local police again.
Unfortunately every summer this problem for many comes with living on the coast. Many instances of misbehaviour are already contrary to town hall by-laws so take advantage of this and most local police are very cooperative and well versed in putting a swift end to this kind of nuisance especially when it is against the municipal by-laws.
As usual,
We at Intercala Administration strongly suggest you always seek proper and competent advice in all matters regarding the law.
Nuisance Neighbours
By José Luis Navarro www.intercala.com
The Solicitor and Property Administrator for Intercala Administration
and
Pete Woodall (Woody's Los Boliches)
This article first appeared in the Euro Weekly News, Costa del Sol Edition June 2012
Living within a community invariably carries the possibility of conflict between neighbours.
It can be caused through simple unawareness, differences in upbringing, an incompatibility of cultures or just a general lack of consideration for others. Progressing to anti-social behaviour or sinister acts of revenge. The current economic crises resulting in more people working from home and then their activities developing into a disturbance or even considered to be dangerous.
If a neighbour's unacceptable behaviour is threatening or aggressive, a physical attack, theft or intentional damage to private or communal property it would be considered to be a criminal offence. This is probably the simplest to deal with. The individuals or the community - as the victim - reports the situation to either the Police, Guardia Civil or a Court making what is called a “Denuncia” and then lets the authorities deal with it.
Whereas, for example, repeatedly using the swimming pool out of agreed hours, keeping pets where the statutes do not permit it, incorrect use of facilities and premises is not against criminal law but may still cause a problem or go against the statutes and rules of the community. Then there are other ways to resolve such situations.
The Law of Horizontal Property states in article 7.2: 'The owners and the occupants of a flat or business premises are not allowed to undertake any activities which are forbidden by the statutes and that are either detrimental to the property or infringe the laws that govern annoying, unhealthy, noxious, dangerous or illicit activities', and then goes on to explain the following procedures.
The President on their own initiative or at the behest of owners and occupants request that the offenders immediately cease the unwanted activity. This request should be made as an official warning from the community, implying that if they do not comply then further disciplinary action may be taken against them.
Once warned, if they persist then a meeting should be called to authorise the President to seek a court order to have the activity or offending behaviour stopped. Once the culprits have been properly notified of the court action, the Judge may as a precautionary measure order the owners or the occupants to immediately stop what they are doing or find themselves in contempt of court and if necessary take further measures until the situation is decided.
When the court finds in favour of the plaintiff and against an owner or business proprietor it will order a stop to the prohibited behaviour or activity. The court may well decide however to award compensation for damages and can even deprive the owner of the right to use their property for up to three years.
When the court finds against a tenant, then their right of abode could be removed and an order of immediate eviction issued. The extent of the courts level punishment in both cases would be dependent on the gravity of the infringement.
There are other situations where although the offending behaviour is not a criminal offence it is contrary to local by-laws. Then the community has the possibility to call the local police and report the infringement or follow the previously mentioned procedure and take legal action.
The courts in Spain are unimaginably busy and legal procedure certainly takes considerable time and usually there is no way to get a court decision quickly. When facing problems with holiday makers for example, who might be in a property for just 15 days or so then calling the local police is probably the most effective and cheapest way to stop any kind of unacceptable behaviour. Just the site of a couple of stern faced uniformed Spanish police officers at the door is enough of a deterrent for most tourists to stop behaving badly and if not then, call your local police again.
Unfortunately every summer this problem for many comes with living on the coast. Many instances of misbehaviour are already contrary to town hall by-laws so take advantage of this and most local police are very cooperative and well versed in putting a swift end to this kind of nuisance especially when it is against the municipal by-laws.
As usual,
We at Intercala Administration strongly suggest you always seek proper and competent advice in all matters regarding the law.