THE OWNERS’ COMMUNITIES OPPOSITE TO THE PLACEMENT OF TERRACES FOR RESTAURANT, BARS OR CAFES

Abstract

The presence of costumers in terrace zones or close to bars, cafes, restaurants, ice-cream parlours, etc., is in itself an annoying activity that has a clear negative repercussion in the environmental quality on the inhabitable nearest zones. As such, and being contaminant activities, they're submitted, as the establishments on which they depend, to a legal regime of prior overcoming of an environmental qualification proceeding. Owners' communities are in identical position as individuals to exercise their rights in order to protect not only its right to a healthy environment, but besides, in its case, the own or common spaces of the community. This defence of own and common interests can take place, by representative organs of the community or by memberships of itself; and undertakes the possibility of taking part in administrative proceedings, as at level of pleadings or of appealing; and also by the way of civil actions.