REPLACEMENT OF ROOF WITH TERRACE
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❓ Identified Question
"What is the legal procedure to replace a roof with a terrace in horizontal property?"
🎯 Direct Answer
The replacement of a roof with a terrace depends on approval in the condominium assembly, considering the common nature of the structure and the consent of the co-owners.
Legal Basis: Artigo 1421.º e Artigo 1431.º do Código Civil View on DRE
Official Documentation
📋 Context & Applicability
Approval depends on the required quorum in the assembly (51% of the thousandths) and the nature of the work.
Works affecting common parts require the deliberation of the co-owners, as stipulated in the Civil Code.
- Submit a formal proposal to the co-owners.
- Convene an assembly for discussion and voting on the proposal.
- Obtain the necessary majority for approval.
✅ Technical Checklist
- Prepare a memorandum detailing the existing problems.
- Present the proposal to all owners.
- Calculate the thousandths supporting the proposal.
Applicability depends on obtaining assembly approval.
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.