Construction & Works

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RESPONSIBILITY FOR WORKS ON THE TERRACE

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❓ Identified Question

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

🎯 Direct Answer

It depends on the origin of the infiltrations and the title of the terrace (common part vs exclusive use).

Legal Basis: Artigo 1421.º e Artigo 1424.º do Código Civil View on DRE

Official Documentation

ARTIGO 1421.º ARTIGO 1424.º CÓDIGO CIVIL

📋 Context & Applicability

Responsibility depends on the origin of the infiltrations and the title of the terrace (common part vs exclusive use).

Rooftop terraces are considered common parts, but usufruct may imply specific responsibilities for the owner.

Verify the constitutive title of the autonomous fraction.
Analyze whether the terrace is a common part or for exclusive use.
Consult the condominium regulations regarding works and maintenance.

✅ Technical Checklist

Confirm the origin of the infiltrations.
Review the minutes of the condominium assembly regarding the approval of the works.
Consult the administrator about financial responsibility.

Applicability depends on verifying the title of the terrace 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?

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

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