The horizontal property regime, set out in the Civil Code (Articles 1414–1438-A), divides buildings into independent units alongside shared common areas. Only units that are autonomous, distinct, and with direct access to a common area or public street can be included.
A constitutive deed identifies each unit and its value, may specify its intended use, and can include the condominium rules — mandatory for buildings with more than four owners — regulating use, enjoyment, and maintenance. Dispute resolution mechanisms, such as arbitration agreements, may also be included.
In a system of indivisible co-ownership, common areas include structural elements like roofs, façades, foundations, main walls, and shared spaces such as staircases, corridors, and elevators.
Owners have the right to use and manage their units, participate in meetings, and challenge illegal decisions, but must respect rules, maintain their units according to their intended use, and contribute to shared expenses, according to the proportional value of their unit (unless the condominium rules provide otherwise) and respect rules of coexistence, including noise regulations.
The administrator manages daily operations, enforces assembly decisions, collects fees, ensures maintenance, and represents the condominium in court. Their role is governed by the Civil Code (Articles 1430, 1436, 1437) and Decree-Law No. 268/94, which sets transparency and accountability standards.
Other laws also apply, including Decree-Law No. 268/94 which requires mandatory fire insurance, and the General Noise Regulation (Decree-Law No. 9/2007) which is essential for neighborly coexistence.
More recently, Law No. 8/2022 updated this regime, strengthening management, transparency, and debt collection mechanisms, including protecting buyers from hidden debts through the mandatory statement of charges and the obligation of the seller to notify the administrator of a sale.
Short-term rentals, regulated by Decree-Law No. 128/2014 of August 29 and amended most recently by Law No. 62/2018 of August 22, have also affected condominium life, and in certain cases may require prior approval from the co-owners (for example, in the case of hostels).
This makes condominium law a cross-cutting legal area with a direct impact on the daily lives of property owners.
Condominium law affects residents and property owners alike. Understanding rights and duties is essential for smooth administration, harmonious coexistence, and the protection and appreciation of shared property.
Read Dr Eduardo Serra Jorge’s last month’s article: Legal framework of immigration in Portugal: administrative reorganisation and new control measures
