The new construction injunction can be crucial when a building project or renovation affects a property and infringes upon your rights. Acting in a timely manner and understanding the legal avenues available can prevent the situation from escalating. In this article, we explain.
The new construction injunction is a legal action that allows you to request the suspension of a construction project when its continuation could harm your possession, ownership, or other rights.
The objective is to prevent an ongoing construction project from irreversibly alteringan existing situation. It also prevents damage that could be more difficult to rectify.
It is formally referred to as a verbal proceeding for the suspension of a new construction, in accordance with Article 250.1.5 of the Civil Procedure Act (LEC). However, new construction injunction is the traditional term and remains in common use.
An injunction is not designed to definitively resolve a dispute regarding property ownership. The procedure may be used to provisionally request a suspension.
For you to file this action, the following circumstances must be met:
There must be work currently in progress, such as construction, expansion, or renovation that alters the existing state.
It is necessary to explain which right or situation may be harmed, and why the continuation of the work could exacerbate the problem.
The claim must identify which part of the work is causing the disturbance and how it affects the plaintiff's property or rights.
The nature of this action requires that the work be capable of being suspended. If the work has already been completed, other legal actions must be considered.
The main elements that must be analyzed are:
The action may be requested by anyone whose possession, property, or other right is adversely affected by the construction.
The claim must be directed at the person responsible for the construction or the party with the appropriate legal standing to respond.
It is important to identify the location of the construction, the work being performed, and which property, common element, or right may be affected.
Photographs, videos, plans, technical reports, and other documents can help demonstrate the existence of the construction.
Territorial jurisdiction must be analyzed according to the rules of the Civil Procedure Act (LEC) and the nature of the action. Article 52 establishes the court of the location of the property as the standard rule.
This scenario may arise in various real estate contexts:
When it may affect boundaries, walls, easements, or other rights.
In buildings subject to horizontal property regimes.
Through expansions or modifications that affect a neighboring property.
When there is a legally significant impact that must be assessed.
The procedure for an injunction against new construction consists of:
Before initiating any action, you must document the situationIt also verifies the license, available plans, and the property's registration and cadastral status.
The action is processed through verbal trial proceedings, pursuant to Article 250.1.5 of the Civil Procedure Act.
The court may order the suspension of the work even before serving the lawsuit for a response.
The parties may present their arguments and provide evidence to support their positions.
The resolution may maintain or lift the suspension. As this is a summary proceeding, it does not necessarily resolve property issues on a definitive basis.
Documentation is crucial for proving the existence of the work and the alleged damages.
Dated images and communications held with the owner, builder, homeowners' association, or administration.
Deeds, property registry extracts, plans, and other documents help contextualize the legal relationship with the property.
The municipal license can provide relevant information regarding the authorized work.
When issues regarding stability, damages, distances, common elements, or other technical aspects arise, a professional report can be highly beneficial.
Witnesses can attest to specific facts. A notarial record can serve to document the state of the construction at a specific point in time.
The suspension of construction can have several consequences, regarding:
This is the consequence under the terms established by the court.
The suspension does not imply abandonment of all activity. The Civil Procedure Act allows for the performance of essential work to preserve what has already been constructed.
If the owner continues work despite a court-ordered suspension, procedural and enforcement consequences may follow.
Suspension does not mean the construction will be demolished. The continuation or removal of what has been built may require the corresponding declaratory proceeding.
Speed is essential, waiting for construction to progress can render a request for suspension practically useless.
Each path addresses a different type of conflict; we can help you identify the right one.
Summary protection of possession seeks to provide defense against dispossession or disturbance of possession. The injunction against new construction focuses on the suspension of work currently in progress.
This seeks the demolition of a structure, building, tree, or similar object in a state of disrepair that threatens to cause damage.
When the issue requires litigating the existence of a right, an easement, an encroachment, or the repair of damages, it may be necessary to pursue other civil actions.
If the matter relates to non-compliance with urban planning regulations, you may approach the competent administrative authority.
In certain conflicts, it may be necessary to request precautionary measures within a declaratory proceeding, or even before one has commenced.
There are several actions you can take, including:
Through photographs, videos, dates, and correspondence.
To understand what has actually been authorized and to compare the execution against the project plans.
This is recommended when there are construction or structural issues.
Especially when you wish to request an urgent suspension.
The existence of a permit does not automatically eliminate potential civil disputes between private parties.
An injunction may not be the appropriate route. Other actions must be evaluated to determine the ideal procedure.
There is no general rule requiring its submission. However, it can be highly advisable when the dispute has a technical dimension.
The suspension is provisional; its duration will depend on the judicial ruling and the progress of the proceedings.
Yes, provided that the requirements for the corresponding liability action are met.
Failure to comply with a court-ordered suspension may result in procedural and enforcement consequences.
Before participating in a real estate project, it is essential to verify that the asset and the planned works are free of any possession, zoning, or neighboring property disputes. Domoblock analyzes every opportunity and coordinates the legal and technical review prior to acquisition. It manages the renovation and sale of the property.
The injunction against new construction is a tool designed to address construction that may infringe upon possession, property, or other rights before the damage becomes difficult to repair. Its primary value lies in its speed and preventive nature. Domoblock assists you throughout the entire process.
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Calle Pilar Mateo
Funded
100%
1.167.964,69€
Target
1.167.964,69€
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