CHANGE OF USE IN HORIZONTAL PROPERTY
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❓ Identified Question
"What is the procedure to obtain the unanimity of condominium owners to change the use of a private unit in horizontal property?"
🎯 Direct Answer
As a rule, changing the use of a commercial unit to residential requires the unanimity of the condominium owners, pursuant to Article 1416 of the Civil Code.
Legal Basis: Artigo 1416.º do Código Civil View on DRE
Official Documentation
📋 Context & Applicability
Unanimity is required to amend the constitutive title.
Changing the use of a private unit involves modifying the constitutive title of the horizontal property, which requires the approval of all condominium owners.
- Convene a new assembly with all condominium owners.
- Attempt to locate absent condominium owners through formal notifications.
✅ Technical Checklist
- Verify the updated list of condominium owners.
- Send notifications to absent condominium owners.
Applicability depends on being able to locate and notify all condominium owners.
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.