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One of the major focuses of conflict in communities of owners are any inconvenience arising from the transmission of noise and vibrations. On the occasion of the international noise awareness day on 25 April the College professional of administrators of Madrid has prepared a road map to follow five steps to win the battle noise and improve neighborhood relations.
1 Know the origin of the noise
Firstly, it is necessary to know the origin of the trouble as well as intensity. Noise sources can be internal, from premises located in the building, from the own building facilities (air conditioning, pressure pumps, cooling towers, downpipes, closing and opening of the lift engines or garage doors), of pathologies in the building (cracks, defects, poor workmanship, badly fitted woodwork, ventilation holes or noisy neighbors (loud music, shouting, etc.)(, poorly finished partition, confrontation of facilities) or external, e.g. adjacent buildings.
2 Go to the friendly way
It is advisable to attend the dialogue, asking the infringer (neighbor, local installation owned by the community or promoter) cessation or adoption of corrective measures to minimize the inconvenience.
3 Apercibir to the offender
Exhausted the friendly way, the President of the community of owners, on its own initiative or any of the owners or occupants, will require to who make the troublesome activities immediate cessation of them, under penalty of initiate appropriate administrative or judicial action.
4 Filing a lawsuit
If the noises persist, the Community shall convene a general meeting that takes in the order of the day here. If the offender is an owner or tenant, the Board may bring against action of cessation which shall take place through the ordinary court, as established in the law of Horizontal property (LPH). (*)
5 Order acoustic measurement
In order to be able to prove these facts, it is suitable to a technical report of a sound level meter that measures the noise level to determine whether or not exceeds the maximum levels permitted according to legislation. This report shall be performed by an accredited company.
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(*) Presented the demand, accompanied by the accreditation of reliable the offender requirement and certification of the agreement adopted by the Board of owners, the judge may agree with character precautionary measures the immediate cessation of the bothersome activity, under penalty of incurring disobedience. It may also adopt precautionary measures were precise to ensure the effectiveness of the ceasefire order.
The demand must be directed against the owner and, where appropriate, against the occupant of the dwelling or premises. If the ruling was positive available, in addition to the definitive cessation of the bothersome activity and compensation of damages that appropriate, deprivation of the right to the use of the dwelling for not more than three years, depending on the gravity of the infringement and the damage caused to the community.
If the offender were not the owner, but the tenant, the sentence may be declared definitively extinguished all its rights relating to housing or local, as well as its immediate release.
When noises have their origin in pathologies or construction defects, damage is pay it directly to the Builder if not period has elapsed to be able to claim for the same. In accordance with the building management law, the deadline to claim for this type of damage is ten or three years, according to damages whether or not a structural character.