If the house rules contract, signed by all in the time of purchase of each apartment, unambiguously prohibits the work, it becomes impossible, unless you decide to change all buildings or otherwise make an exception in the case. is also clear that work in conflict with local zoning tools and is therefore unfair and unworkable, especially if you exceed that manufacturability indices were determined for the property.
The right of the owners of the top floor in the building raised , even without the consent of the assembly of condominiums, is enshrined in Article 1127 of the Civil Code . It is the ability to reconstruct the existing pitched roof hanging over the new plan or to build on the existing flat roof, if flat roof. If the flat roof was owned or used in all buildings, need to fill the new building with a new flat roof, vestments usable and accessible by all.
Articles 1120 and 1127 of the Civil Code stipulates precise limits to this right building assault. The first is that the static conditions, the elevation of the building permit. The second is that you do not compromise the architectural decorations. The third is that does not decrease "significantly" to air or light, the lower levels. The fourth verse is that compensation to the neighborhood and finally the obvious compared to the distances from the properties of neighbors.
It is worth mentioning that the raising not expected to force the excess over the roof of the building in its highest point. Therefore, it is judged that also closing with a glazed veranda with a terrace level, that is, those terraces that are accessed from an apartment that is placed at his level and works as a cover for only part of the building. In fact, coverage of part of the building (where there was a terrace) is still moved higher, taking on the column of air. Always
Article 1127 provides that the allowances payable to the neighborhood shall be equal to "present value of the area to deal with the new factory, divided by the number of floors, including one to build and deducted the fee paid to people who cannot. " The value is to be considered for the area as if it were free of buildings, but building. Recall that the market price of a building reno ¬ ter is directly proportional to how you can build on. Therefore, in this case, the compensation is proportional to the volume of the raising could be done.
The second part of the recovery The third part of the attic
the architectural decorations.
AMMINISTRAZIONIAC.com
Real Estate Solutions
0 comments:
Post a Comment