Construction Regulations

Public consultation version based on the chapter “Regulations governing land use and building control.” The format was adjusted to facilitate online reading. For administrative procedures or legal purposes, the corresponding original document must be consulted.

Chapter XI - On constructions

Article 82.-

Owners shall subject the construction of their homes to the provisions established in these Regulations governing land use and building control.

1. General principles

Alquerías de Pozos has the natural resources necessary to create an optimal atmosphere for living.

In order to preserve these resources, through these regulations governing land use and building control it shall be possible to control the maintenance of both common and private areas, and to guarantee the condominium owners the appearance of the entire development.

The owners of Alquerías shall comply with the following regulations.

2. Land use

2.1. Use

The development is exclusively for single-family housing, with lots maintaining a minimum land area of 400.00 m².

2.2. Intensification of use

At the discretion of the Technical Committee, or as applicable, the Development Promoter, and in accordance with the approved master plan, the construction of horizontal condominiums shall be permitted, subject to the following.

3. Building intensity

3.1. Objective

The limitation on building intensity is intended to protect the residential area and safeguard the preservation of its natural surroundings.

3.2. Subdivision of lots

The subdivision of lots shall be permitted in such a way that no resulting parcel is smaller than 400.00 m², and construction on them shall be permitted, provided that sufficient installed capacity exists to provide the services.

Lots that, due to the nature of the terrain or the configuration of the development, are smaller are duly marked on the master plan.

In special cases, should any exist for any reason, they shall be approved by the Condominium Owners’ Assembly or, as applicable, by the Development Promoter.

3.3. Easement

These are the areas within a lot intended as mandatory open space, in which no part of the construction may be erected, not even light or temporary coverings, except for eaves that do not extend more than 1.00 m beyond the limit of the restriction.

3.3.1. Front easement

• Lots larger than 1,000.00 m²: 3.00 m.
• Lots smaller than 1,000.00 m²: 2.00 m.

3.3.2. Rear easement

• Boundary adjoining a neighbor: no easement.
• Boundary adjoining green area, lake, and golf course:
  • Lots larger than 1,000.00 m²: 3.00 m.
  • Lots smaller than 1,000.00 m²: 2.00 m.

3.3.3. Side easement

• Lots larger than 1,000.00 m²: 1.50 m.
• Lots smaller than 1,000.00 m²: no easement.

Corner Alquerías shall respect the easement corresponding to each frontage, as applicable.

Alquerías and gated areas adjoining the perimeter wall shall not have a rear easement, but shall not exceed the height of the wall specified in the easement that corresponds to them, as applicable.

3.4. Heights

The maximum permissible height shall be 10.00 m, including the volume of all types of installations: water tanks, gas tank, antennas, etc.

The maximum height of ridge lines shall be the result of a maximum slope of 30% in the inclination of the upper roof.

This height contemplates a maximum of 2 stories on the facades, and interior mezzanines or split levels may exist, provided that they do not exceed 10.00 m.

4. Parking

At least two vehicle spaces per house shall be considered.

The easements may not be used for open-air parking.

5. Visual appearance

5.1. Walls

Walls or fences shall be permitted on the frontages to a maximum height of 1.80 m.

In the case of walls, these may be of exposed stone, ashlar, adobe, or a combination of adobe.

5.2. Roof coverings and roofs

On sloped roofs, finishing materials shall be only tile, overlapping clay brick, or flat wood shingles (wood shingles).

“Lechadeado” roof brick, gravel, or visible asphalt or aluminum waterproofing materials are prohibited.

5.3. Eaves and overhangs

Overhangs of up to 1.00 m shall be permitted if they encroach upon the limits of the easements, when these are part of sloped roofs and do not have columns or supports within the easements.

5.4. Balconies

Balconies or extensions of terraces shall be permitted, with overhangs up to a maximum of 1.00 m over the front and rear easements, provided that they remain separated by a distance of 1.50 m from the side boundaries.

They must not have supports or columns within the easements.

5.5. Tanks and water tanks

All tanks, water tanks, or similar elements shall be built as an integral part of the construction, and shall be hidden from view on all sides.

5.6. Solar installations and clotheslines

These elements shall be hidden from view from any surrounding side.

5.7. Exterior walls and adjoining walls exposed to view

The finishes of exterior walls may be made of the following materials:

• plaster finish;
• natural quarry stone;
• wood;
• exposed clay;
• adobe;
• stone;
• ashlar;
• cement with integral color; and
• exposed aggregate in earth tones.

5.8. Antennas

A maximum of one television antenna per single-family residence shall be permitted.

In the case of satellite antennas, these shall be placed in such a way that they are not visible from the outside.

Radio antennas are prohibited.

5.9. Service wall

Electricity and water service meters shall be installed on a wall in front of the property no less than 2.00 m from the street line, with the meters concealed, according to the design approved by the Technical Committee.

5.10. Fire protection

Lightning rods with appropriate coverage shall be installed for each house, and it is recommended that fire extinguishers be kept in accessible locations.

6. Environmental quality

6.1. Noise and disturbances

The placement, operation, and installation of loudspeakers, bells, machines, equipment, and other instruments that cause disturbances or problems to neighbors is prohibited.

In no case shall the emission of noise or sounds exceed 65 decibels, except during the construction period of the work.

6.2. Drainage

Stormwater drainage and wastewater drainage shall be separated.

Stormwater drainage originating from floors, terraces, and roofs shall be channeled into trenches or pipes directed to absorption areas or pits, in order to prevent soil erosion.

Interference with the natural drainage of the land shall always be avoided.

Any public easements left between lots to allow stormwater runoff shall be cared for and maintained by neighboring owners, and obstruction of runoff is prohibited.

6.3. Trash

Waste and garbage shall be placed in covered containers, in separate bags: one for organic waste and another for non-degradable waste.

Such containers shall be located in such a way that they are not visible from neighboring properties, and shall be taken out only for the time necessary for collection.

Dumping garbage inside the lot, on public roads, or on vacant lots is prohibited.

6.4. Dangerous products or materials

Handling or storing within the entire development flammable, explosive, fumigant, chemical fertilizer, or any materials that are in any way dangerous or bothersome is prohibited.

6.5. Trees and gardening

6.5.1. Landscape

Outside the perimeter of the authorized construction, it is recommended that the land be left without major alterations, with special care taken to preserve the vegetative layer in order to prevent erosion.

6.5.2. Trees

The location of the building footprint area shall respect the most important trees that exist within the lot.

All trees in good condition taller than 3.00 m or with a trunk 10 cm in diameter or greater shall be preserved.

6.5.3. Gardening

The owner shall be obliged to keep trees, shrubs, and plants, including any grass that may be planted, in proper condition, so that it does not affect the good appearance of the condominium.

Likewise, they shall take care of the lawns and trees on sidewalks, medians, and small plazas in front of their property.

7. Approval of projects

7.1. General provisions

Projects must comply with approval by the Technical Committee and the competent municipal authority, and must have the corresponding building permit.

In all cases they must comply with the provisions of the laws on the subject and the provisions of these regulations.

Each project shall have an expert authorized by the respective municipal public works department, who shall be responsible for the proper execution of the works.

7.2. Submission of projects

For approval of a project, a file shall be submitted to the condominium Technical Committee containing:

7.2.1. Location plan

Indication of the location of the Alquería and the corresponding parcel.

7.2.2. Topographic survey

Scale 1:50, with contour lines every meter, and location of trees taller than 3.00 m and with a trunk 10 cm in diameter or greater.

7.2.3. Architectural project

Floor plan(s), facades, and sections at a scale of 1:50, including wall design.

7.2.4. Gardening and outdoor spaces

Preliminary description of the gardening and treatment of outdoor spaces.

7.2.5. Exterior materials and colors

Specification of the materials and colors to be used on exteriors.

7.2.6. Exterior perspective

Perspective of the exterior appearance toward the street.

7.3. Approval

In addition to state and municipal authorizations, projects must be approved by the Technical Committee or, as applicable, by the Development Promoter, which shall be assisted by the technical advice it considers appropriate to issue the respective opinion.

7.4. Start of construction

To begin construction or remodeling, the owner or builder must have the following documentation:

7.4.1. Authorized plans

Project plans and construction specifications, duly authorized, signed, and stamped by the condominium Technical Committee.

7.4.2. Internal permit

Receipt evidencing payment of the internal construction permit.

7.4.3. Certificate and municipal permit

Certificate from the condominium Administrator that the file has been fully submitted, as well as a legible photocopy of the building permit issued by the competent authority of the Municipality.

The on-duty guard for the work shall have a copy of this documentation for as long as the work lasts.

7.5. Temporary constructions and preliminary works

The commencement of construction shall be subject to these regulations. The condominium owner accepts in advance the authority of the Technical Committee or, as applicable, the Development Promoter, to order suspension of the work if its provisions are violated.

7.5.1. Temporary installations

All construction works shall have an office or shed for their workers, and these shall be located within the condominium owner’s property.

7.5.2. Temporary power supply

All works, in order to begin construction, must have their own temporary electrical power supply.

Any damage caused to the condominium lines shall be repaired at the expense of the owner of the work.

7.5.3. Excess materials

Excess materials resulting from clearing or excavation of the land shall be removed immediately from both the land and the condominium.

If some of them may be used in the same construction, they shall be stored outside the 3.00 m front easement.

If such materials are to be used to fill any lot owned by a third party, the written consent of the respective owner shall be required.

7.5.4. Compliance with authorized plans

Construction shall invariably be carried out in accordance with the plans authorized by the condominium Technical Committee and the competent municipal authority.

Any modification to the original project must be previously authorized by said Committee and by the competent municipal authority.

If not, the Committee is empowered to suspend the work until the modification is authorized. To continue construction work, written approval from the Committee shall be required.

7.5.5. Suspension for violation

In the event of violation of the foregoing provisions, the work shall be suspended.

7.5.6. Streets, adjoining lots, and green areas

Streets, adjoining lots, and green areas shall be kept free of materials to be used in or left over from construction.

An area of 2.00 m in the front easement, starting from the curb and around the land, shall also be kept free of such materials.

7.5.7. Damage to common installations

Any damage caused by the builder, contractors, subcontractors, or suppliers to street lights, manhole covers, high-voltage lines, or other installations located in the easement or in common property areas shall be borne by the owner of the work.

7.5.8. Working hours

The working hours for personnel and suppliers of the works shall be:

• Monday to Friday: from 8:00 to 18:00;
• Saturday: from 8:00 to 13:00.

Work at different hours may only be carried out with prior written permission from the condominium Administrator.

The site guard shall be the only person who may remain permanently on the site, without companions and without animals.

7.5.9. Sound equipment

Within the working hours stated above, the use of radios or other sound equipment at moderate volume shall be permitted.

7.5.10. Alcohol and narcotics

Consumption within the condominium works of alcoholic beverages or the use of stimulants or narcotics by workers shall not be permitted.

Violation of this provision shall be sufficient cause to suspend the work until the definitive dismissal of the person or persons who violated this provision.

7.5.11. Work personnel and suppliers

Personnel and suppliers entering the condominium in connection with the construction work shall be informed by the owner about the regulations in force.

It shall be the responsibility of the owner of the work to ensure compliance with the provisions established in the regulations.

For entry to the condominium, a list of contractors, suppliers, and personnel under their charge shall be delivered at the police booth. This list must always be kept up to date.

7.5.12. Conduct of personnel

The owner and/or builder shall be responsible for ensuring that all personnel related to the work observe good conduct and respect toward others during their stay within the condominium.

7.5.13. Work vehicles

It is strictly prohibited for private vehicles, material suppliers, and suppliers’ vehicles to be parked in the condominium streets without the appropriate signage.

Such vehicles may remain only during the working hours established above.

7.5.14. Garbage barrel

All constructions shall have a garbage barrel, painted English dark green, which shall remain in front of the construction to be emptied regularly by the builder and/or owner.

7.5.15. Official number

The house shall have its official number in a visible and permanent place on its respective service wall.

8. Penalties

8.1. Commencement without authorizations

No owner may begin construction work without having the aforementioned authorizations.

In the event of violating these regulations, the Technical Committee and, as applicable, the Development Promoter, shall have the authority to suspend the works, and the owner shall be obliged to remedy the violations committed.

If they fail to do so, repair or demolition shall be carried out at the owner’s expense.