ESTABLISHMENT OF HORIZONTAL PROPERTY IN A MORTGAGED BUILDING
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❓ Identified Question
"Is it possible to establish horizontal property in a mortgaged building?"
🎯 Direct Answer
As a rule, it is possible to establish horizontal property in a mortgaged building, but it depends on the bank's authorization and compliance with certain legal procedures.
Legal Basis: Artigo 1414.º do Código Civil View on DRE
Official Documentation
📋 Context & Applicability
The establishment depends on the bank's authorization and compliance with legal requirements.
The establishment of horizontal property is regulated by the Civil Code, which allows the division of a building into autonomous fractions.
- Request the establishment of horizontal property at the land registry office.
- Obtain authorization from the bank for the establishment of horizontal property.
✅ Technical Checklist
- Consult the bank regarding the mortgage and obtain authorization.
- Prepare the necessary documentation for the establishment of horizontal property.
- Register the new configuration at the land registry office.
Applicability depends on the bank's authorization.
The sale of the ground floor unit may depend on specific conditions of the mortgage contract.
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.