RESPONSIBILITY FOR WATERPROOFING
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❓ Identified Question
"Who is responsible for the waterproofing of a rooftop terrace in a horizontal property?"
🎯 Direct Answer
Responsibility for waterproofing depends on the origin of the infiltration and the title that defines the use of the terrace (common area vs exclusive use).
Legal Basis: Artigo 1421.º e Artigo 1424.º do Código Civil View on DRE
Official Documentation
📋 Context & Applicability
It depends on the origin of the infiltration and the constitutive title of the property.
The waterproofing of rooftop terraces may be considered a common part or for exclusive use, according to the constitutive title of the horizontal property.
- Verify the condominium's constitutive title.
- Analyze the origin of the infiltration (structure, waterproofing, coating).
- Consult the condominium regulations regarding responsibilities.
✅ Technical Checklist
- Gather documents of the constitutive title.
- Obtain quotes for the waterproofing.
- Discuss responsibility and costs in the condominium assembly.
Applicability depends on how the use of the terrace is defined in the constitutive title.
Responsibility may be contested in the assembly, depending on the condominium owners' deliberation.
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.