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RESPONSIBILITY FOR MAINTENANCE

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❓ Identified Question

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

🎯 Direct Answer

The responsibility for maintenance depends on the origin of the infiltrations and the title of the balconies (common part vs exclusive use).

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

Official Documentation

ARTIGO 1421.º CÓDIGO CIVIL

📋 Context & Applicability

The responsibility depends on the origin of the infiltrations and the title of the balconies.

Balconies may be considered common parts or exclusive use areas, according to the condominium's constitutive title.

Verify the condominium's constitutive title.
Identify the origin of the infiltrations (structure, waterproofing, coating).

✅ Technical Checklist

Consult the condominium regulations.
Gather documentation regarding the ownership of the balconies.
Assess the need for a condominium assembly to discuss responsibility.

Applicability depends on verifying the title of the balconies and the origin of the infiltrations.

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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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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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?

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

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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?

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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?

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