Question from Shir, Can I Modify My Apartment to Combine it with Another According to the Peruvian Civil Code?
Answer from AI:
According to the Peruvian Civil Code, the possibility of modifying your apartment to combine it with another depends on several factors.
Property Rights and Restrictions
Firstly, it’s important to understand that property rights in Peru are subject to certain restrictions. The Peruvian Civil Code, in its Article 923, states that the owner of a property has the right to use, enjoy, and dispose of his property freely, but within the limits and in compliance with the obligations established by law. This means that any modifications to the property must be legal and not infringe on the rights of others.
In the case of apartments, the situation can be more complex. Apartments are often part of a condominium, which is a type of property where multiple individual units are owned by different people, but common areas are shared. The Peruvian Civil Code, in its Article 997, states that the owner of each unit can freely dispose of his property, but he cannot make modifications that affect the common elements or the rights of other owners without the consent of the condominium’s board of owners.
Steps to Take
If you want to combine your apartment with the one below, you would likely need to:
- Consult with a legal professional to understand the specific laws and regulations that apply to your situation.
- Obtain the consent of the condominium’s board of owners, if applicable.
- Ensure that the modifications do not affect the structural integrity of the building or the rights of other owners.
- Obtain any necessary permits from local authorities.
Please note that this is a general explanation and may not cover all aspects of your situation. It is highly recommended to consult with a legal professional for personalized advice.