Construction & Works

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REPLACEMENT OF ROOF WITH TERRACE

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❓ Identified Question

"What is the legal procedure to replace a roof with a terrace in horizontal property?"

🎯 Direct Answer

The replacement of a roof with a terrace depends on approval in the condominium assembly, considering the common nature of the structure and the consent of the co-owners.

Legal Basis: Artigo 1421.º e Artigo 1431.º do Código Civil View on DRE

Official Documentation

ARTIGO 1421.º ARTIGO 1431.º CÓDIGO CIVIL

📋 Context & Applicability

Approval depends on the required quorum in the assembly (51% of the thousandths) and the nature of the work.

Works affecting common parts require the deliberation of the co-owners, as stipulated in the Civil Code.

Submit a formal proposal to the co-owners.
Convene an assembly for discussion and voting on the proposal.
Obtain the necessary majority for approval.

✅ Technical Checklist

Prepare a memorandum detailing the existing problems.
Present the proposal to all owners.
Calculate the thousandths supporting the proposal.

Applicability depends on obtaining assembly approval.

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.

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Construction & Works

66 questions

66 results

Who is responsible for paying for the repair work of leakage in a common terrace of exclusive use?

Is it necessary to go to a notary to alter a common part in horizontal property after its constitution?

Are balconies considered common or private areas in horizontal property when they are not mentioned in the deed?

How to proceed in case of infiltrations in a horizontal property without mandatory condominium?

Is it possible to constitute a courtyard as a private area instead of a common area for exclusive use?

Almada

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What is the definition of common areas in a building and who can decide on their use?

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How can I request the removal of debris deposited in the common areas of the condominium?

Who must pay for repair works on common parts of a detached house in horizontal property?

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Should the garage gate be considered a common part in case of malfunction?

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Who is responsible for repairing the floor of a terrace for exclusive use that causes leaks in a lower unit?

How can I compel condominium owners to vacate common areas of the condominium?

What is the procedure to resolve infiltrations in common areas that affect a condominium owner's private unit?

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To whom does the repair of the water meter belong in case of necessity?

Does the electric charger for exclusive use remain with the new owner of the autonomous fraction?

What is the legality of the exclusive use of a common courtyard by specific autonomous fractions and how is the maintenance of that space conducted?

Is it possible to extend and enclose a pergola on a terrace of exclusive use?

What is the responsibility of a condominium owner regarding works in exclusive use areas?

Who may use the rooftop terrace in a condominium building?

Can the condominium initiate works on the exclusive-use rooftop terrace without a deadline for completion?

Who is responsible for the maintenance of balconies or rooftop terraces in a condominium?

Who must bear the expenses to remove an illegal construction on a common terrace of a condominium?

What is the legitimacy to install a covering on a terrace of exclusive use on the ground floor?

Who is responsible for the waterproofing of a rooftop terrace in a horizontal property?

Who is responsible for the maintenance and cleaning of the rooftop terrace in a condominium building?

What is the procedure to repair the ceiling of a common garage in a condominium?

Who is responsible for maintenance works on the rooftop terrace of a building under horizontal property regime?

Who is responsible for the payment of waterproofing a terrace that serves as the roof of a shop?

What is the responsibility for the maintenance and operation of the elevator in a condominium?

What is the condominium's responsibility regarding building maintenance and how should one act in case of deterioration?

Who is responsible for the repair of the canopies on the building facade?

What are the obligations of each condominium owner regarding the replacement of the roof in a condominium with only two apartments?

What are the obligations of the condominium owner regarding the payment of repairs in common areas?

Can the owner carry out repairs at their own expense in case of damage to the autonomous fraction?

What is the condominium's liability in case of infiltrations in the private units due to problems in the common areas?

Do terraces count towards the apportionment of an apartment?

What is the procedure to change the permillage of a terrace in a condominium?

Does a condominium owner with a higher ownership quota have the right to more space in the common areas?

Can the condominium require the removal of a cabinet located within the boundaries of a parking space that is an autonomous fraction?

Is the construction of an annex in a horizontal property legal if it affects common areas and the rights of the condominium owners?

Does the garden for the exclusive use of a private unit belong to the condominium or to the private unit?

Is a neighbor's terrace in a horizontal property regime considered a common part in case of infiltration?

How can the coefficients be legally and fairly amended in horizontal property?

Is it possible to change the intended use of units in horizontal property?