Legislation and Regulations

ADMIBURGOS It has an effective legal team, of 5 different lawyers with offices in Murcia and Alicante specialized in the following areas:

  • debtors.
  • illegal works in Communities.
  • Construction defects.
  • Disputes and complaints to government municipalities, Autonomous communities, Spanish state.
  • labor issues with employees, concierges, gardeners, etc.
  • General civil and criminal matters that may affect a Community, Resort or the Urban Entity.

We recommend our customers find specialized lawyers and experienced in every conflict that may arise, because that increases the chances of success.

We list here the most common laws affecting the Community of Owners.

A. Law 49/60 Horizontal Property

21 of July 1960; BOE No.. 176, of 23 July 1960.

Modifications:

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

We recommend our customers find specialized lawyers and experienced in every conflict that may arise, because that increases the chances of success.

We list here the most common laws affecting the Community of Owners.

B. Hidden DEFECTS Construction

 

The responsibility of different agents involved in building before the appearance of defects or construction defects in buildings or homes is now subject to a dual legal regime. On the one hand, Applicable Law 38/1999, of 5 of November, of Construction Planning, which applies to new construction and works in existing buildings for whose projects the corresponding building license request from its entry into force, this is, from 6 May 2000.

On the other hand, respect to licensed buildings requested before the entry into force of that law and those buildings not included in its scope, responsibility in building is governed by Article. 1.591 the Civil Code.

Liability for construction defects is governed by the Law of Construction Planning 5 November 1999 If the building permit was requested from 6 May the year 2000 and the Art. 1.591 the Civil Code if the license is requested before 6 May the year 2000.

Beginning the study of the responsibility for building the Art. 1.591 the Civil Code to further study the arrangements in the Law on Construction Planning, should now transcribe the content of Art. 1.591 the Civil Code, collected in the chapter on leasing works and services, to proceed along this lesson to study:

“A building contractor who ruined defects or construction defects liable for damages if the ruin hath place within 10 years, It counted since the end of construction; equal responsibility and equal time will be addressed by the architect who, if debris is due to soil or vice address.

If the cause may be the fault of the contractor to contract terms, the action for compensation last 15 years”.

Law 30/1992 of 26 November Legal Regime of public administrations and common administrative procedure.

C. Labor regulation


collective labor agreement for employees of urban properties
Region of Murcia.
collective agreement for employees of urban properties in the province of Alicante.

Article 44 of the Statute Law Workers.

D. Rental expense adjustment


Law 29/1994, of 24 of November, Tenancies – Updated with Law 19/2009, Eviction Express.

E. Other laws and regulations


For coexistence between neighbors, issues of borders between owners, etc. often it goes back to the Spanish Civil Code.
Sometimes unfortunately for extreme behaviors, between neighbors and with suppliers and development companies, Call your Spanish Criminal Code.

F. Statutes and Regulations in Communities


ADMIBURGOS He knows that the internal rules and statutes of a community have much influence on the functioning of a Community, Resort or Urban Entity, so it gives our customers and our advice to promoters drafting internal regulations.