In Spain, and specifically in Málaga, the need for neighbor permission to install a fence on your property depends on local regulations, zoning laws, and the placement of the fence. If the fence is to be erected entirely within the boundaries of your property, you typically do not need to obtain your neighbor's consent. However, if the fence is intended to be placed on or near the property line, Spanish law, particularly as applied in Andalusia, may impose specific requirements. According to the Spanish Civil Code, Article 591, when two properties are separated by a common boundary, both property owners have the right to construct a dividing wall or fence, but they must share the costs and responsibilities associated with its maintenance. Additionally, both parties must agree on the construction details, including height, materials, and placement.
In Málaga, local ordinances may further dictate the height and type of fence that can be erected, especially in urban areas where aesthetic considerations and neighborhood uniformity are prioritized. For example, the Ordenanza Municipal de Edificación y Urbanización (Municipal Ordinance on Building and Urbanization) often includes specific rules regarding the height of fences and the types of materials that can be used, particularly in historic districts or areas governed by homeowners' associations (comunidades de propietarios). These regulations might require you to obtain approval from both your neighbor and the local town hall (ayuntamiento) before commencing construction.
Moreover, if the fence is intended to replace an existing boundary fence, and the original fence was a shared responsibility, Spanish law generally requires that you reach an agreement with your neighbor before making any changes. In such cases, both property owners must contribute equally to the costs unless otherwise agreed. Failure to comply with these legal requirements can result in disputes, fines, or even legal action. To ensure that your fence complies with all applicable laws in Málaga, it is advisable to consult with a local lawyer or visit the ayuntamiento to review the specific regulations that apply to your property.
