HORIZONTAL PROPERTY

FIVE FLOORS HOUSE IN THE INTERIOR

OF A HOUSING BLOCK

 

1. 
Building Report / Statement:
The statement of this project will be described following the commission of Santiago Cirugeda Parejo, resident in flat 6ºB on behalf of the owner Mr. Miguel Cirugeda Marcet.

 

The aim of this project is to find a legal and constructive basis to connect spaces belonging to different premises in the same residential block, ruled by Spanish Civil Law, and law of "one level property" (L.P.H.). There before, it is an attempt to develop possibilities under that legal restrain. We hope to enable the construction of a new habitable spatial configuration that runs invisibly throughout the interior of the existing building.

 

We establish lease - contacts of part of the neighboring premises that transfers on our behalf the use of rooms or certain parts of them. Using the new internal circulation system (specified as common use on L.P.H.) we hope create new spatial configurations defined by the different renting options of the neighbors involved.

The present report describes installations and reform works as agreed by the owners and depicts the flexible time schedule for those to be carried out. The resultant structure will then become changing and progressive, developing as needed. Its size and dimensions determined by the personal and legal relations between the developer and the neighbors involved:

 

- 4ºA JAIME MERCEDES (Mercedes, Jaime, Caro)
- 5ºB Mª EUGENIA (Salvador, Mª Eugenia, Fran)
- 6ºA LOLA (María, Carlos)
- 7ºB XXX (Sistema de protección de testigos) 

The partial occupation of the flat roof level with mobile architecture kits (architectural Games S.C. 670794409) depends on the unanimous assent of owners community, or the legal process to be chosen by any of the claimers. 

2. 
Legal Basis:

2.1. 
Renting of part of the premises. 
These kinds of contracts are established in the law for urban leasing - Law ruled 24 November 29/1994. As they refer to house letting in case the previously described law does not apply, they will be sort out by agreement of the parts. Otherwise they will be ruled by those conditions described in the spanish civil law (Código Cívil Art. 4 L.A.U.).

There will be two types of contracts: 
- Lease of part of the property of the landlord. 
- Subleasing of that part following the circumstances agreed previously. The contract will be submitted to the original set of conditions between tenant and landlord (art.8 L.A.U.)

2.2. 
Pipe lining through common areas (internal courtyard).
In the case of study, an interpretatation of articles 7/12 LPH (law of one level property), permitted in art.3.1. Código Cívil, leads us to maintain the fact that installing pipes or risers on the internal facade of the common courtyard, fixed not as permanent or undetachable but temporary and easy dismantling, cannot be considered as inappropriate by the other owners of the common element. It should be considered as a logical use of the courtyard's wall given that the intervention does not imply any alteration of it (judgementet 8/6/98, 171/1998, A.P. Murcia 1.11). 

The works of study do not affect the esthetical or structural configuration of the building in an obvious way and they do not damage any of the other properties nor unable any of the owners from the normal use, as it is depicted in the technical document. As established in art. 394 C.C. each owner will be able to access the common areas as long as they make proper use of them, allowing other neighbors to use them as well according to their legitimate right. 

Even through this new installations were not originally included in the settling documents and there are not specified uses for the common courtyard, no impediment has been found to object the placing of the ducts described in the project. It be needed that one third of the owners representative committee votes on behalf of the authorization (art. 17 L.P.H.).

If it is not possible to obtain approval by the committee the part involved will be able to proceed in installing the new services, as well as following at the same time legal action against the representative's committee in case there is evidence of previously accepted permission (such as extractors, chimneys of retails on ground levels) proved to be much more hazardous and unpleasant for the neighborhood. 

2.3. 
Arrangement of mobile elements on roof level.
Considering the fact that this placement affects a common space (not suitable for division) - ART. 396 C.C.- the arrangement of this particular element on the roof of the building will limit the use for the rest of the owners. There before, it demands the acceptable approval of the whole community unanimously (real facts prove this "quorum" very difficult to obtain). 

If we proceeded in placing the module without the firmly expressed consent of the owner's entire president could be in the position of demanding the removal or starting legal procedures against. 

In order to file a claim before the corresponding court, the plaintive will have to attach the official notaries requirement to the defendant, as well as an agreement document signed by the rest of the owners. All that in a period no longer than four to six months.

In the case the judge issues a resolution on behalf of the plaintive declaring the intended installation as illegal, we will have to resituate the original state of the roof, paying the remoral costs. In our particular case it would not a big amount, due the mobile - temporary character of the dwelling to be installed. 

Fdo. IGNACIO PRETEL - LAWYER

 

3. 
Architectural Conditions:

3.1. 
Situation.

The dwellings concerned by the present project are flats 6ºB, 4ºA, 5ºB, 6ºA, 7ºB, of the residential block 11 Conde de Bustillo the main general structure is completed by two other similar buildings connected by common gardens and two parking lots.

 

3.2. 

Preliminary information.

The building due to be reformed in the new intervention and installation of external circulation ducts is built with a concrete supporting structure connecting floor slabs made out of concrete beams and ligth ceramics elements. The total height is ground level + 7 stories + passable flat roof. All three volumes are articulated together by a common core and three internal courtyards.

 

3.3. 

Constructions and installation works.

The works to be completed in this building are precisely detailed in the specifications and itemized as it follows:

 

- Demolition works: floor slabs, external walls and internal partitions.

- Brickwork / construction works: internal partitions on double thickness plywood on supporting structure and internal thermal + acoustic installation.

- Finishes: plastic paint. Texture and colour to be chosen by client.

- Circulation and installation ducts: galvanized aluminum profile 40x40x4 mm. Covered in forexpan insulation boards. Steel structure staircase with chemical fixing elements to facade.

- Electrical works: new electrical conducts will allocate all the required wires connecting to the main electrical panels.

- Kit: eventually an architectural kit, module mobile piece "Arch. Games S.C." will be placed. No fixing elements required.

 

None of the works describes above implies any modification/damage on the structure except the opening of a slot (through the light ceramic elements) in the slab to allocate the new ducts.

 

Fdo. SANTI BALBONTIN - ARCHITECT