PROCESS OF CONSTITUTING HORIZONTAL PROPERTY
administracao Lisboa★★★★★
❓ Identified Question
"How to initiate the process of constituting horizontal property in a co-owned building?"
🎯 Direct Answer
To constitute horizontal property, one must verify the building's documentation, hire an architect to prepare the project, and subsequently formalize the constitution through a public deed.
Legal Basis: Artigo 1417.º do Código Civil View on DRE
Official Documentation
📋 Context & Applicability
It is necessary that the building's documentation is regularized and that all owners agree to the division.
The constitution of horizontal property allows the division of the autonomous fractions and the definition of the common parts of the building.
- Verify the building's documentation at the Municipal Archive.
- Hire an architect to prepare the horizontal property project.
- Formalize the constitution by public deed.
✅ Technical Checklist
- Consult the Municipal Archive.
- Hire an architect.
- Prepare the project.
- Execute the public deed.
All costs of the process will be shared among the owners.
It is advisable to consult a lawyer or solicitor to ensure that all legal steps are followed.
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.