Prescription for unlicensed construction
Any work that affects the surrounding neighbors in any way will require a license to carry it out. These licenses must be requested to the town hall and will be provided by the same, there will also be occasions when the permission of the neighbors is needed. Especially if it is a work that is going to affect them in some way.
Among the most common types of porches and enclosures are those that do not require major works to enjoy a space of their own. These porches are built from pergolas that can be modified, opened or closed depending on the moment. In these cases, a building permit should not be necessary, as it is a very simple installation. However, you should consult with your neighbors before installation to avoid future problems.
If it is a much more complex enclosure such as an enclosed porch in which work has to be done, a building permit will be required. Nor can we forget in this case the authorization of the neighbors, especially if it will affect part of your garden.
Can a construction without a license be legalized in Colombia?
It is important to take into account that according to the provisions of article 957 of the Civil Code, property ownership is subject to zoning, to the processes of habilitation and subdivision and to the requirements and limitations established by the respective provisions.
Therefore, in this article we will develop some of the reasons why we consider that owners choose to build without a municipal license, its main consequences and contingencies, the mechanisms contemplated in the current regulations to regularize such situation (both at the municipal and registry levels), and the benefits that the regularization of informal constructions brings with it.
In this regard, the New Regulations have sought to simplify and streamline the administrative procedure for obtaining Building License and Regularization Resolutions, which we will develop further below.
Pursuant to Article 46 of the LOM, the municipalities have been given the power to impose penalties through which they seek to enforce compliance with the municipal regulations, which are mandatory in nature and non-compliance entails the imposition of penalties; and through the approval of the ordinance that determines the Administrative Penalties Regime (RAS), the infringement of its provisions is regulated, establishing the scale of fines according to the seriousness of the offense, as well as the imposition of non-monetary penalties.
It is possible to build on a plot of land
The question is: Which of these actions need a building permit and which do not? Is it mandatory to apply for this permit? Where should we process it? What happens if we do a work at home without a license? What kind of fines do we face? Can the Community of Owners denounce us?
The building permits are the administrative tools that our legislation observes to guarantee that any intervention in a building complies with the Technical Building Code. In this way, when we do a work at home, we ensure that certain standards are maintained that affect, fundamentally, the quality of the materials and our safety and integrity.
In all cases, having a license from the City Council allows us to make the appropriate modifications to our home, avoiding noise complaints and unauthorized clearing of materials at the foot of the building. In addition, when we request one of these permits, we also leave a record before the Community of Owners of the work, its duration and possible inconvenience as a rule of “courtesy” with our neighbors.
I need permission to build in my house
That, the purpose of this regulation is that the owners of buildings located in the District of Ate, who have executed construction, expansion, modification and remodeling works (completed and / or with habitable hull), or demolition, without the Building Permit, Work Conformity and building declaration to March 31, 2018, may regularize them with the respective payment of processing fee, License and an administrative fine;
The present Ordinance, aims to establish a temporary benefit for the regularization of existing buildings in the District of Ate and on which the corresponding Building License, Conformity of Work and Declaratory Building of constructions have not been obtained; in order to propitiate the increase in value of the properties located in the District of Ate, in all areas of regulatory treatment I and II through:
Normative Treatment Area II: Zone conformed by RDM Medium Density Residential housing with multiplicity of uses, such as Residential, Commercial and Industry, in addition to Mixed Residential-Commercial and Workshop Housing uses.