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Laws and Regulations | ADMIBURGOS

ADMIBURGOS counts on an efficient legal team made up of 5 different lawyers based in Murcia and Alicante, specialist in the following scopes:

  • Debtors.
  • Illegal works in Communities.
  • Building faults.
  • Conflicts and claims to public administrations, such as Town Halls, Autonomous Communities and the Spanish State.
  • Labour matters with employees, porters, gardeners, etc.
  • General issues, both civil and criminal, which may affect a Community, a Resort or a Real State Complex.

We would recommend our customers to look for specialized lawyers with experience in every dispute that may arise, since this fact increases the possibilities of success.

Here is a list of the most common laws which are related to the Communities of Owners.

A | 49/60 Horizontal Property Law | ADMIBURGOS

21th July 1960; BOE núm. 176, 23th July 1960

Modifications:

Law 2/88, 23-2-1988 ( BOE 27/2/88)
Law 3/90, 21-6-1990 ( BOE 22/6/90)
Law 10/92, 30-4-1992 ( BOE 5/5/92)
Law 8/99, 6-4-1999 ( BOE 8/4/99)
Law 1/2000, 7-1-2000 ( BOE 8/1/2000)
Law 51/2003, 2-12-2003 ( BOE 3/12/03)
Law 19/2009, 23-11-2009 ( BOE 24/11/09)

B | Latent defects and building faults: | ADMIBURGOS

The responsibility of the different agents involved in the building process regarding the apparition of building defects or faults in buildings or properties is currently submitted to a double legal system. On one hand, it is applicable the Law 38/1999, 5th November, of the Building Development, which is to be applied for building new properties and for works in existing buildings which projects need the corresponding building permission from the commencement of said Law onwards, that is, from 6th May 2000.

On the other hand, with respect to the buildings which permission was requested before the commencement of the aforementioned Law, and to those buildings not included in its scope of application, the responsibility for the building is ruled by Art. 1.591 of the Civil Code.

The responsibility for building faults is ruled by the Law of Building Development of 5th November 1999 if the building permission was requested after the 6th of May 2000 (inclusively), and it is ruled by Art. 1.591 of the Civil Code if the permission was requested before the 6th of May 2000.

Commencing the study of the responsibility in building with Art. 1.591 of the Civil Code, to study subsequently the regulations stated in the Law of Building Development, it is convenient to transcribe the content of Art. 1.591 of the Civil Code, which is reflected in the chapter about works and services leasing, in order to proceed to study it over this Didactic Unit:

"The contractor of a building which was damaged with building defects or faults will be responsable for liquidated damages if such damage took place within 10 years after the building completion; to the same extent and for the same period, the the architect who directed the works will be responsible for it, if the damage is caused by a faulty site or management. If it was caused by the contractor's default to adhere to the contractual conditions, the compensation period will be 15 years."

Law 30/1992 26th November of the Legal System of public administrations and of the regular administrative procedure.

C | Working Regulations | ADMIBURGOS

Collective labour agreement for employees of urban properties in the Region of Murcia.

Collective labour agreement for employees of urban properties in the province of Alicante.

Article 44 of the Law of the Workers Statute.

D | Regulation of Property Rentals | ADMIBURGOS

Law 29/1994, 24th November, of Urban Property Rentals – Updated with the Law 19/2009, of Urgent Eviction.

E | Other Laws and Regulations | ADMIBURGOS

It is frequent to refer to the new Spanish Civil Code for issues regarding the neighbours cohabitation, boundaries between owners, etc.

Unfortunately, for misconduct problems between neighbours and with companies, contractors and developers, it is sometimes necessary to refer to the Spanish Penal Code.

F | Statutes and Regulations in Communities | ADMIBURGOS

ADMIBURGOS knows that the internal regulations and Statutes of a Community have a strong influence in the functioning of a Community, Resort or Real State Complex, so we offer our assistance to customers and Developers for the ellaboration of internal regulations.

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