Here's one for the builder types...please

Our casa sits way back on the lot. Our garden and car parking on the front. One neighbor has a one story tiny building (used often as a store) on the street which occupies all of the small lot. He has informed us of plans to build a two story rental there, with "clerestory" windows on the upper level, facing into our property.
This is in the heart of Ajijin Village. I was under the impression that NO windows were allowed facing a neighbor's yard. On the other side, they told us they were going to put glass block windows in their second story wall. Does anyone know if they are permitted to do this?

Second question: Are we obliged to let the ones building erect scaffolding and allow their workers on to our property during this project?
Buried in the middle.

the neighbors windows can not be directly across from your windows.

gringal wrote:Our casa sits way back on the lot. Our garden and car parking on the front. One neighbor has a one story tiny building (used often as a store) on the street which occupies all of the small lot. He has informed us of plans to build a two story rental there, with "clerestory" windows on the upper level, facing into our property.
This is in the heart of Ajijin Village. I was under the impression that NO windows were allowed facing a neighbor's yard. On the other side, they told us they were going to put glass block windows in their second story wall. Does anyone know if they are permitted to do this?

Second question: Are we obliged to let the ones building erect scaffolding and allow their workers on to our property during this project?
Buried in the middle.

Obras Publicas isn't supposed to issue a permit for a building plan that shows windows overlooking another property. That is where you can go to lodge a complaint. There really is no point in putting windows there regardless. The owner of the adjoining property can simply raise his perimeter wall to cover them up. And you do NOT have to give them access to your property. Many people allow workers on their property if they are going to stucco over the bare brick wall, otherwise it can be quite unattractive.

Actually in Chapala it is the planning department that issues the building permits and gives restrictions, not obras publicas.

Check the dictamen that gives the restrictions / setbacks and if you want to stop it do it now as once it is built you are not in a good position to make them tear it down or change.

Intercasa wrote:Actually in Chapala it is the planning department that issues the building permits and gives restrictions, not obras publicas.

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The planning department is Obras Publicas.

Here in Chapala they are 2 separate offices

Intercasa wrote:Here in Chapala they are 2 separate offices

It is still Obras Publicas. There may be different divisions in different physical locations but Obras Publicas is the proper authority by law. Or what other secretariat issues building permits?

Well from my experience Planeacion does the building permits as I've applied for permits for my clients, also my girlfriend is an approved "perito" or expert to draw plans and sign off on them for building which was done in planning and not obras publicas. Also have clients with the technical study or dictamen which is the step before obtaining a building permit where they inspect your property and tell you setbacks, etc. which was also done in planning Helped another clients a few years back on a similar issue as posted here but after it was built and it got them nowhere and was at planning where they lodged the complaint.

Perhaps where you are it is different or one office is housed in the other, I'm just stating from my experience things here in Chapala.

In San Miguel Allende, friends had a similar issue.

They were told the 'ban' was bedroom to bedroom windows, not all windows. And, it was complicated by height as well. They had a one story house; the new house was 2 stories and they were told there was no prohibition on positioning windows on the 2nd floor of the new house. They were told that iff they had added a second story with bedrooms before the new house was built, they could have stopped the new house from putting in windows that would have faced their 2nd story bedrooms. It seemed like it was a case of first come, first served. So if you are one story, what the new building does on its second story may not be anything you can stop. Again this was in San Miguel, not here.

Down here in Melaque it's no windows on the lot line. I know someone that had to brick up second story windows that overlooked the neighbors yard. If the house is set back from the lot line it's a different story but how much of a set back I don't know.

Friends also could not use glass block on the lot line

In this case, in Jalisco, both properties of the neighbors are right on the lot line.
Our house is set back far enough that the difference is our front (and only) patio would have zero privacy.

By NOB definition, celestory windows are set into a wall at a height which typically makes them useless for viewing out of (except maybe of the sky) and are placed close to the ceiling to provide light along with privacy. For example, we have three in our living room that are 10' from the floor in a room with 12' ceilings and all I can see is the clear blue sky. Sounds to me like they are after natural light and not viewing pleasure. As for glass block, it usually distorts enough that one cannot get a clear view when trying to look through.

Without having any idea of just what your relationship is with the owners, I might be a bit concerned with their reaction to someone using legalities to force them to change their plans. Some might say OK but then push the limits in other areas to get even. Would they be open to having a reasonable discussion about this issue? Maybe a bit of enticement (private mordida) might encourage them to change their plans?

Given some of the construction habits in Mexico, I might be more concerned about their choice or lack of wall finish providing you with a truly ugly side view of their house.

Good luck!

CG:I appreciate your point and don't want to start a war with the neighbors. Just want to know what's what, more or less.

One neighbor bought the three story monster next door and uses it as a rental ten months a year.
The other neighbor is the blastid who sold us this house with all the obviously non-instpectable problems under the floor in and the walls which he, of course, having lived there, knew well. So did his wife, the real estate agent, and her broker. No further comment. I've told my tale of woe before. It has, after five years, become a beautiful home into which we have sunk money we will never see again in this lifetime, and looking back.....a dark comedy as well. No regrets. I wouldn't trade straight across for a place in a "Premier Gated Community". Nuff said?

Most everybody we know gets nasty surprises. Friends on the mountain side of the highway now have a cock-fighting operation starting up next door. A car wash was built in front.

We have a "civil" relationship with the guy building on the other side, since he also owns the hotel two doors down and we see him often, Given his character in general, He will push the possibilities of the law to its limits and beyond, so there may be a need to check with the city there. We shall see.

Right now, he is digging a pit to China, seeking a way to support a second story on his little brick icebox.

Thanks for the input, all.