CLASSIFICATION OF COURTYARDS
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❓ Identified Question
"Is it possible to constitute a courtyard as a private area instead of a common area for exclusive use?"
🎯 Direct Answer
As a rule, courtyards are considered common parts, but they may be allocated for the exclusive use of a condominium owner if this is provided for in the constitutive title.
Legal Basis: Artigo 1421.º do Código Civil View on DRE
Official Documentation
📋 Context & Applicability
It depends on what is stipulated in the constitutive title of the horizontal property.
Article 1421 of the Civil Code establishes that courtyards are common parts, but allows the constitutive title to define areas of exclusive use.
- Verify the constitutive title of the horizontal property.
- Consult the condominium regulations.
✅ Technical Checklist
- Confirm the project approval by the Municipal Chamber.
- Clearly define the areas of exclusive use in the constitutive title.
Applicability depends on how the constitutive title is drafted.
Legal Notice
This content is for informational purposes only and does not replace personalised legal advice.
Always confirm critical decisions with a qualified lawyer or professional.
The content is specific to Portuguese law and may not apply to other jurisdictions.