1 metre high retaining wall

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gerryh
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1 metre high retaining wall

Postby gerryh » Fri Aug 14, 2009 4:42 pm

OK, I'll start with a legal question.
I live in the campo. I am building a 1 metre high retaining wall 80 Cms from our common boundary.
My neighbour says it is illegal to build anything within 3 metres of the common boundary.

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Gerry
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DavidSearl
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Re: 1 metre high retaining wall

Postby DavidSearl » Sat Aug 15, 2009 5:17 pm

Dear Gerry,

Let's tighten up here. Legal questions are not answered by asking somebody. They are answered by reading data written on a piece of paper, voted by legislators and published in the State Bulletin.

If you want to get a real answer, we find that Cajiz belongs to the Municipality of Velez-Malaga. So go to the Velez-Malaga Urbanismo office and ask them what the boundary requirements are for building in your area. Ask them to show you where it is written down. What is your property's status in the current PGOU? What is the status in the new PGOU?

Take with you your Escritura and your Catastral reference. If you have the aerial photos from the Catastro, even better. If not, order them.

Yes, the requirements vary according to the circumstances. Three metres is quite common if the property is really agricultural, but many factors come into play.

After all that, let's lighten up here. You could simply build your wall and wait. If your neighbour has a real case against it, let him bring a legal case against you. The worst that can happen is that you will be ordered to tear it down. (Don't tell anyone that I said this).

Good luck with it, David Searl
You and the Law in Spain

fljordan
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Re: 1 metre high retaining wall

Postby fljordan » Mon Aug 17, 2009 9:32 am

Your neighbour is wrong. Velez-Malaga planning regulations do not make any provision for any distance

By the way, are you aware of your duty of seeking permission from the Town Council to erect such wall?
Do you know that walls higher than 0, 5 mt are not allowed in agricultural Land of Velez- Malaga?

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gerryh
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Re: 1 metre high retaining wall

Postby gerryh » Mon Aug 17, 2009 4:59 pm

I haven't sought permission. Followed the led of other neighbours who have built much higher walls, swimming pools and one is constructing a largish house.
My house and land is described as rùstico, according to the catastral, as is the surrounding land.
So is it agricultural land?
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Gerry
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Re: 1 metre high retaining wall

Postby fljordan » Mon Aug 17, 2009 5:14 pm

Yes, agricultural land = terreno rústico.
Bear in mind that your angry neighbour could file a complain at the planning office against you in regard the height of your wall and the lack of permission

Felix

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gerryh
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Re: 1 metre high retaining wall

Postby gerryh » Mon Aug 17, 2009 5:20 pm

If he did and the planning office inspected my 1 metre high wall I wonder what they would say about his swimming pool, the "store room" extension and his 4+ metre high wall on the other side of his property.
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Gerry
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Re: 1 metre high retaining wall

Postby fljordan » Mon Aug 17, 2009 5:32 pm

Such things are more serious so he won’t be interested in having planning officers around

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Colinm
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Re: 1 metre high retaining wall

Postby Colinm » Tue Aug 18, 2009 9:59 am

Unless his brother is a planning officer :twisted:
ádh mór ort agus sláinte.....
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unis09
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Re: 1 metre high retaining wall

Postby unis09 » Fri Mar 04, 2016 1:44 pm

My neighbour has been making objections with the ayuntamiento about the height of a perimeter wall we are putting around our property. I got permiso de obra for a 2m high wall, but it turns out to be 2.1m.

This is not a wall between two properties. Moreover his terrace stands a good 3m above the road. The man who came from the ayuntamiento said our wall was too high. I have now put infro a permiso to raise it to 2.5m. However, the neighbour seems to have connections with the ayuntamiento and I fear my request might be denied.

Even with a 2m wall the neighbour spies on us. We need it raised.

Does anyone know the procedure if the ayuntamiento does not grant your request? Is there an appeal process?

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costakid
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Re: 1 metre high retaining wall

Postby costakid » Fri Mar 04, 2016 1:54 pm

Does anyone know the procedure if the ayuntamiento does not grant your request? Is there an appeal process?[/quote]

Do what the Spanish do. Ignore it. Would take years to get you to court.

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Re: 1 metre high retaining wall

Postby Sampson » Sun Mar 06, 2016 9:06 am

Have you pondered "the green" solution with some planting of some fast growing trees, large bushes etc for the area where you require some privacy?

Our neighbours had an extension built which overlooked our pool - within 12 months there was some cover and now 5 years later it's 20 feet high and provides some marvellous shade in the summer.

I used a combination of Acacia and Schefflera around a wooden seating structure, but there are species of bamboo that are as equally efficient.

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country boy
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Re: 1 metre high retaining wall

Postby country boy » Sun Mar 06, 2016 1:06 pm

Perhaps a Trellis 'atop of your existing wall until the green solution bears fruit. Walking about with no clothes on may make him wish for a high wall too :lol:

jhonie99
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Re: 1 metre high retaining wall

Postby jhonie99 » Sun Mar 06, 2016 6:13 pm

I think it unlikely that the townhall would pursue a complaint for an extra 10cm. You would be allowed more than that in contingency. So, ignore it unless you receive a formal written complaint.

For 10cms, I suggest raising "ground level". It's what the Spanish would do.

Alternatively, denouncing the neighbour for discrepencies in his previous "projects" should yield results as nobody follows the project to the letter.

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Flexo
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Re: 1 metre high retaining wall

Postby Flexo » Thu Mar 10, 2016 7:25 pm

Don't build until you have checked the permits for the plot (town hall). Usually you are not allowed to build anything close to the border and the envelope is usually based on the size of the plot.

If they say no, I would go with the green option, planting thick vegetation, such as thujas (Thuja occidentalis) Cupressus and clumping bamboo (not runners).

If you want to push for the building option: make several proposals, such as one brick, one wood etc and try to make a nice presentation with visuals. You need to convince the politicians that you actually need it, perhaps make a sound level analysis in dB(SPL) and so forth.

I can tell you that in terms of sound pollution, 1 meter is not going to do the job unless your home is below street level.


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