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planning

Posted: Wed Nov 23, 2005 4:41 pm
by colin gregg
Land next to our property has been sold do the new owners have to tell us if they plan to build (no existing buildings) if not how do we find out and can we object any advice would be appreciated

Posted: Wed Nov 23, 2005 5:44 pm
by Hoser
Out of interest, did you build on your property and if yes did you tell your neigbouring property owners? I cannot see why any property owner that meets the requirements should have to tell anyone except the local building licencing authorities what they are doing. Usually when anyone is going to build outside of the local requirement, then the neighbourhood would be advised and a hearing would be held to see if there is any opposition. At least that's how we do it in Canada and it woirks great.

Posted: Wed Nov 23, 2005 5:51 pm
by Bruxinha
Hi Colin. I might be able to help a bit on this but I have to rush out now. If no one has given you a fuller answer by the time I get back, I'll post again then.

Posted: Wed Nov 23, 2005 7:40 pm
by Homme Poco
I don´t think you have to tell your neighbours,Colin.
Also it is not advertised in the local rag or on your fence,unlike the UK,and I´m pretty certain that objections are not considered by the Camera.The system is much different to the UK.
Live and let live,seems to be the motto,not a bad one really.
Boa sorte,
HP :)
P.S This could all be wrong,just going by own project.

Posted: Wed Nov 23, 2005 8:52 pm
by Bruxinha
Firstly, I believe if you are selling property in Portugal, you have to offer it first to your adjacent neighbours. Did this happen?

Is the land in a "urban" area or "rustic"? Is it ecological or agricultural? Is it likely they would have got permission and if so, under what criteria? These are all things you have to consider.

You can go to the Câmara and view any planning files if you know the plot/article number of the land and the name of the owners. If you only know the plot nº, you could go to the Land Registry (Conservatóra de Registo Predial) to gain all the other information. Take your own documents if you are unsure and maybe they can work it out from those.

Here is some possibly useful information I obtained via AFPOP:

"If you ascertain the precise “address” of the adjacent plot you can by prior arrangement, periodically check if anyone has any intention to develop it. If you have information then you may consult the Câmara frequently. A developer can initiate a development without Câmara approval. Provided this only involves ground level or below level work, e.g. foundations. Before building work can commence the developer has to obtain appropriate permission from the Câmara and display the permission on site an appropriately worded sign with the words “AVISO” must clearly be seen. Appearance of the AVISO of course can be the first indication of an intention to develop, which makes it difficult for neighbours to lodge objections as they are effectively with a “fait accompli” (the theory presumably is that the Câmara is perfectly competent to veto any undesirable aspect of the developer’s intentions!). You may only request plans if the first stage of development has started or the perpetrator cannot be identified (since the developer may not have advised the Câmara). The one protection afforded by law to adjacent property owners is that no structure of a detached development can be placed within 3 metres of the property boundary, although this restriction does not prohibit “overlooking” windows. Each Camara has its own authority and some are more flexible than others. Building is dependent on the “good will” of the Câmara and the neighbours".

If you want to run more precise details by me, by all means pm me and I'll see if there is anything I can think of.

Posted: Wed Nov 23, 2005 9:01 pm
by Bruxinha
Ooops...also forgot something else. Again I am not 100% certain of this but I believe you can go to your local Câmara and fill out a form, which asks the Câmara to notify you of any building works next to you. How reliable this is I have no idea. Perhaps worth investigating though.

Posted: Thu Nov 24, 2005 8:59 am
by widge
Colin,

I had similar concerns regarding land close to me. I went to the Camara office in Lagoa where the staff were very helpful. They may not give you good news but they seem very willing to share information about proposed projects under consideration and planning permission already granted.

Posted: Thu Nov 24, 2005 11:43 am
by nightrider
ditto Bruxy's comments

N.R.

Posted: Thu Nov 24, 2005 11:53 am
by Bruxinha
Yes, I have heard that Lagoa are a lot more user friendly than Silves, so that is good to know Widge. I would also like to say, especially as I am quite quick to slate the majority of Portuguese departments here for being difficult and unhelpful, that I found the Freguesia in Carvoeiro to be extremely helpful. As soon as I walked in the door they dropped what they were doing and attended to me and the whole atmosphere was pleasant. :D

Posted: Thu Nov 24, 2005 12:19 pm
by kteee
We had a very positive experience at the Finanças in Lagoa last week - they really went out of their way to be helpful.

Posted: Thu Nov 24, 2005 12:22 pm
by Bruxinha
I think I'll move. :lol: