candrews said:
I own a small apartment in Recoleta. They are constructing a building next door which will result in plugging my bathroom and some kitchen windows and significantly cut down on our light. The consortium of the building doesn't seem willing or able to fight the builders or ask for compensation.
Does anyone know what my options could be to get compensation for this? Seems like a violation of my air and light space, but I don't know the local laws.
Anyone have any ideas?
Yes this is not unusual - a regular occurrence in parts of the city which are identified for increasing density/higher buildings.
See Código de Planeamiento Urbano -
http://mapa.buenosaires.gob.ar/
Sounds like the biggest problem is the communication internally within your building. Do you attend the administration meetings? Insist on formally raising and discussing the ongoing problems as there will be others who will agree with you.
The way it should work is that the neighbouring developer after obtaining consent contacts the building administrator and conducts a survey before building works starts. Best practice is to take lots of photos. As construction continues then any defects that appear should be reported using the line of communication already established preferably in writing and with dated photos.
You dont have any "air and light space" rights. Where did you get that idea from? Any openings in the return/side elevations were illegal when installed. Look around your neighbourhood
After construction is completed a defect list should be agreed and arrangements entered into to deal with reinstatement through the administrator. Further defects which arise within a reasonable period of time should be reported. Best to register these as early as possible and before the flats are all sold. Easy enough for the developer to skip and run and harder to take action over new owners if nothing has commenced.
As you say there are mediation arrangements which have been adopted similar to Spain. Building construction codes and enforcement on structural/safety issues have been tightened up considerably in my area at least since the well publicised construction tragedies.
Neighbourhood associations demanding to be involved in zoning arrangements are gradually becoming effective in different parts of the city.
If your building administrator has been deficient then it is easy enough to put pressure on them to improve their act including instructing one to act on every ones behalf as you dont want different professionals supposedly on the same side all arguing between themselves and also you want to share the costs as it is legitimately a problem for the whole building. Use an architect/surveyor/civil engineer depending on the issues.
Building administrators are often in as a sinecure making promises to keep down costs unless the owners are really worried about resale value and want action taken. More often than not they can be identified as dipping into funds for "expenses" so start to work on that. Another good place to pick on are the lifts - are the inspections being made? Start to put up official looking signs in the lift about safety and how you having reported it means you are absolved of your legal obligations which now will fall on the other owners/tenants should someone sue. The other owners will start to listen to you as they are all frightened of things like that. That brings them to heel.
Illegitimis non carborundum
