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BALCONIES AND COMMON PARTS

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❓ Identified Question

"Are balconies considered common parts in a condominium?"

🎯 Direct Answer

It depends on the origin (structure/waterproofing/coating) and the title (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

Liability depends on the origin of the infiltrations and the condominium's constitutive title.

Balconies may be considered common parts if they are defined as such in the constitutive title or if their structural function affects other autonomous fractions.

Verify the condominium's constitutive title.
Analyze the origin of the infiltrations (structure or waterproofing).
Consult the condominium regulations for specific definitions.

✅ Technical Checklist

Confirm whether the balcony is described as a common part in the constitutive title.
Identify the origin of the infiltrations.
Consult the administrator regarding responsibility for repairs.

Applicability depends on verifying the constitutive title 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.

Permanent page for this question

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

To whom does the air chamber of a floor belong in horizontal property?

What is the legal procedure to replace a roof with a terrace in horizontal property?

Is the construction of an annex in a horizontal property that affects common areas and condominium owners' rights legal?

Is it legal to carry out works in attics that alter the horizontal property?

Am I responsible for the costs of repair works in common areas of a condominium, even if the deterioration occurred before I acquired the autonomous fraction?

What is the condominium's liability regarding damages caused by leaks in the private units?

Who is responsible for the payment of maintenance expenses for common areas of exclusive use?

Who is responsible for the payment of interior repairs following damage caused by common parts?

Is it mandatory to have a switch for the lights in the common areas of a condominium?

Do the common parts of the condominium include the 'T' junction of the sewage pipe?

Is a kitchen pipe part of the condominium's common areas?

What is the definition of common areas in a building and who can decide on their use?

Is the ceiling of the balcony considered a common part or a private part in the context of repairs?

Do balconies belong to the common parts of the building?

Who is responsible for the maintenance costs of the exterior common parts of the building?

What is the responsibility of the owner regarding common areas of exclusive use in a condominium?

Who is responsible for the repair expenses of structural damages affecting the floor of the autonomous fraction and the ceiling of the commercial establishment below?

Are balconies considered common parts in a condominium?

How can I request the removal of debris deposited in the common areas of the condominium?

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

Are windows considered common parts of the building and what rights do neighbors have over them?

Should the garage gate be considered a common part in case of malfunction?

How is the repair of damage to common areas processed without condominium insurance?

Who is responsible for repairing the floor of a terrace for exclusive use that causes leaks in a lower unit?

How can I compel condominium owners to vacate common areas of the condominium?

What is the procedure to resolve infiltrations in common areas that affect a condominium owner's private unit?

Who is responsible for the payment of works on common parts, such as garages and courtyards, in a condominium?

Is the facade of a building considered a load-bearing wall?

What to do if I do not have money for works on the condominium's common areas?

Am I entitled to use the common area in front of my garage to park my car?

To whom does the repair of the water meter belong in case of necessity?

Does the electric charger for exclusive use remain with the new owner of the autonomous fraction?

What is the legality of the exclusive use of a common courtyard by specific autonomous fractions and how is the maintenance of that space conducted?

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?

Who is responsible for the waterproofing of a rooftop terrace in a horizontal property?

Who is responsible for the maintenance and cleaning of the rooftop terrace in a condominium building?

What is the procedure to repair the ceiling of a common garage in a condominium?

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

Who is responsible for the payment of waterproofing a terrace that serves as the roof of a shop?

What is the responsibility for the maintenance and operation of the elevator in a condominium?

What is the condominium's responsibility regarding building maintenance and how should one act in case of deterioration?

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?

What are the obligations of the condominium owner regarding the payment of repairs in common areas?

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?

Is it possible to change the intended use of units in horizontal property?