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Professional Advice

Ask the Administrator: The scaffolding will cover my window

Good morning. I am writing because I have a commercial site in a building in the North of Murcia, where I have settled my business (a furniture store).  A scaffold is being put to restore the facade. The scaffolding will cover my window and the advertising sign, as it will hinder the entry of potential customers to it, so that’s going to hinder a lot customer acquisition.  They tell me that works may last up to the end of the summer, for what I do not want or think the losses which may result to my business. Therefore, I’d like to know if I have the right to oppose to the realization of the above works or if I can take legal action.

Luis Andrés M.

Administrator:  Agustín Pascual del Riquelme

Good morning. We understand your concern, but we understand that the restoration that you mention will be something positive for the Community (including the commercial low). Given that such work requires Board approval, it is normal that this work is authorised by the majority of residents.  Therefore, if to carry out it is necessary to install the scaffold, we must say that the community has every right to place it (even if it harms some of the neighbours, as for example you).  As for your question, you, by law (LPH, art. 9.1. c), is obliged to allow repair.

 

However, this article includes the possibility that those workers affected by the works are entitled receive a compensation for the damages (e.g. reduction of income).  In your specific case, as the scaffolding only prevents you from visibility and access, but will not have to close your business, we recommend try to reach a friendly agreement with the community, for example, requesting that they placed a provisional and visible sign for the whole world. In case that the community opposes and you may suffer losses in your business that relate to the work that is running, you can contact a lawyer to initiate civil actions.

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