The Puerto Rico Court of Appeals recently ruled against Mary Luz Nazario Cruz in her attempt to secure a construction permit for her residential project. The court upheld a previous decision by the Oficina de Gerencia de Permisos (OGPe) that denied her request for a permit due to violations of construction regulations. This ruling affects not only Nazario Cruz but also sets a precedent regarding the enforcement of construction laws in Puerto Rico.
The case, titled Mary Luz Nazario Cruz v. Lee David Santana v. Oficina De Gerencia De Permisos (OGPE), was filed on May 13, 2026, under docket number TA2026RA00007. The dispute centers around a residential construction project that Nazario Cruz initiated in 2024, which has faced opposition from her neighbor, Lee David Santana. The court's decision is significant as it reinforces the importance of adhering to local construction regulations and the rights of neighboring property owners.
The parties involved in this case include Mary Luz Nazario Cruz, the appellant seeking to legalize her construction, and Lee David Santana, the respondent who raised concerns about the impact of Nazario Cruz's construction on his property. The OGPe initially denied Nazario Cruz's request for a construction permit, claiming that her project did not comply with established construction parameters and adversely affected neighboring properties.
The dispute began when Nazario Cruz, represented by engineer Juan Castro Lozada, submitted a construction consultation request to the OGPe on May 8, 2024. The request aimed to legalize an expansion of her residence that involved deviations from various construction parameters. Santana intervened, arguing that Nazario Cruz's construction caused flooding issues on his property and was completed without the necessary permits.
On April 9, 2025, the OGPe ruled in favor of Santana's intervention, acknowledging the potential negative impact of Nazario Cruz's construction on his property. Subsequently, on July 22, 2025, the OGPe issued a resolution deeming Nazario Cruz's construction consultation request as unfavorable, citing multiple violations of construction regulations. The office noted that Nazario Cruz's project did not meet the required parameters for the residential area, including excessive height and area occupancy.
In response, Nazario Cruz filed a request for administrative review on August 11, 2025, arguing that the variations in construction were minor and justified. She claimed that the modifications were necessary for her family's needs, particularly for her daughter with Alzheimer's disease. Nazario Cruz sought a hearing to present evidence supporting her case.
On December 9, 2025, the OGPe reaffirmed its earlier decision, stating that Nazario Cruz failed to demonstrate that her proposed variations would not adversely affect neighboring properties. The office emphasized that the requested changes were too significant for the residential area and did not comply with the relevant construction laws.
On May 13, 2026, the Puerto Rico Court of Appeals issued its ruling, confirming the OGPe's decision. The court stated, "The proposed variations are too intense for the residential area where they are located and were not properly requested or justified according to the applicable regulations." The panel of judges included President Rivera Marchand, Judge Mateu Meléndez, Judge Boria Vizcarrondo, and Judge Robles Adorno.
This ruling has important implications for future construction projects in Puerto Rico. It reinforces the necessity for property owners to adhere to local construction regulations and highlights the rights of neighboring property owners to contest projects that may negatively impact their properties. The decision underscores the principle that construction permits are not granted automatically and must be justified in accordance with local laws.
The ruling also sets a precedent for how similar cases will be handled in the future. Property owners seeking to make modifications to their homes must ensure that their projects comply with local regulations and do not infringe upon the rights of their neighbors. This case may encourage stricter enforcement of construction laws in Puerto Rico, as the court has shown a willingness to uphold decisions made by administrative agencies like the OGPe.
As for what’s next, Nazario Cruz has the option to appeal the court's decision to the Puerto Rico Supreme Court. However, it remains to be seen whether she will pursue this route. There could also be related cases pending involving similar construction disputes in Puerto Rico, although details were not available in the court filing.