Not all home problems are solved with a coat of paint or a dough bucket. In Portugal, there are situations where the condominium can even oblige an owner to carry out works within his own fraction, especially when the poor condition of housing puts at risk safety, health or causing damage to other fractions.
When this happens
The obligation arises whenever the state of a fraction causes damage or risks to the building. This includes infiltrations, humidies, pests, structural fissures, plaster falls, harmful smells, persistent noise or degraded facilities. In such cases, the condominium has a legal basis to require repairs, even if the problem is indoors.
What Portuguese Law says
According to the horizontal property regime, provided for in the Civil Code, articles 1414 and following, each owner must keep his fraction in good condition and not compromise safety or the use of the building. If the situation of housing harms other fractions or common parts, the administrator may notify the owner to correct the problem.
Article 1436 of the same Code gives the administrator the power to act on behalf of the condominium. If urgent damages are at stake in common parts, the administrator may deliberate and advance with works in these areas. For interventions within a fraction, if the owner refuses, the condominium can appeal to the courts, presenting an action of obligation to do or requesting judicial authorization to allow technical access to housing.
What happens if the owner does not do the works
Ignoring condominium notification can be expensive. In addition to liability for damages caused, the owner may have to pay the expenses that the condominium supports to solve the problem. If there is danger to security or health, the City Council may summon the owner to carry out the works, under the General Regulation of Urban Buildings (RGEU) and the Legal Regime of Urbanization and Building (RJUE). If you do not do so, the municipality can perform the works coercively, then charging the value to the owner and applying fines.
How the process
In practice, the procedure follows several steps:
- The administrator or other owner detects the problem and obtains proof (photographs, technical report, budgets).
- The owner is notified in writing, with a reasonable deadline to intervene.
- If necessary, the Assembly of owners deliberates the following steps.
- If the problem persists, the condominium can advance with a lawsuit and, in urgent cases, request a precautionary action for technical access.
- When there is a serious risk to safety, the camera can be called to intervene and order coercive works.
Obligations and limitations at home
The owner is required to eliminate damages and replace minimal safety, health and normal housing conditions. Works that imply structural changes, innovations or modifications from the common parts require authorization from the condominium and, often, municipal licensing.
Within the fraction, the owner cannot do works that affect the structure, facade, pillars or conduct, nor intervene in common parts that pass through their housing without express permission.
What if the house is leased?
Responsibility to the condominium always falls on the owner, even if the property is leased. However, it may ask the tenant to pay minor reparations derived from use, according to the contract and the lease law. Structural works, in turn, are the head of the landlord.
In case of conflict
When there is disagreement between the owner and the condominium, it is essential to act based on evidence and deadlines. The absence of response to notifications may aggravate the situation and pave the way to lawsuits.
A problem that avoids with prevention
The fastest and most economic way to solve these cases is to act early. Keep housing in good condition, communicating problems and responding to notifications avoid higher costs and time consuming processes.
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