APEGAC warns of changes in the horizontal property regime

With the new change to the legal regime of horizontal property, the change in the end to which a fraction is intended to need the authorization of the owners, provided that this change is for housing use.

The Portuguese Association of Condominium Management and Administration Companies (ATEGAC) warns of the new rule, clarifying that, by Decree-Law No. 10/2024, of 8 January, Article 1422 of the Civil Code (CC) was amended by Article 1422 to the horizontal property regime and added to this legal diploma Article 1422, both on the change in the purpose of each fraction.

Paragraph 4 of article 1422 of the CC refers exclusively to condominiums that in its constitutive title is not the purpose of each fraction and, in these cases, 'the alteration to its use lacks the authorization of the Assembly of Property, Approved by a two-thirds representative majority of the total value of the building, except for the provisions of article 1422-B.

The new article, added to the CC (1422-B), removes the need for owners to pronounce when the owner of trade, services, warehouse, etc., intend to change their use for housing. APEGAC highlights this article: "The change in the purpose or use to which each fraction is intended for housing does not need authorization from the other owners". It also stresses the point that refers that 'in the case provided for in the preceding paragraph, it is up to the owners who change the use of the fraction with the City Council the power of, by unilateral act contained in public deed or authenticated private document, introduce the corresponding change in the constitutive title ».

Also, 'the public deed or the private document referred to in the preceding paragraph shall be reported to the administrator within 10 days'.

All of these standards have already come into force, and aim to enhance the increase in housing supply. However, according to APEGAC, 'the fact that the owners now do not have to authorize the change in the end of the fraction, when it is for housing, does not mean that the fraction is immediately qualified for this purpose, requiring the presentation of project its municipality and to be approved, to proceed to the necessary works for this purpose, in order to obtain the respective license of use; Otherwise, the risk of making fractions with an absolutely distinct end (eg, storage, warehouse, garage, etc.), dwellings without minimum and worthy conditions for this purpose ”.

Vítor Amaral, president of APEGAC, points out that “this change must be communicated to the owners, through their administrations, warning them that it is necessary that the assembly of owners will comment, whenever the change in the purpose to which it is intended The fraction, even for housing, implies works in the common parts that, for example, alter the aesthetic and architectural line of the building.

Source : Vida Imobiliária