RESPONSIBILITY FOR THE COST OF REMOVAL
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❓ Identified Question
"Who must bear the expenses to remove an illegal construction on a common terrace of a condominium?"
🎯 Direct Answer
As a rule, the expenses for removing illegal constructions on common parts are the responsibility of the condominium, but this may depend on specific resolutions of the assembly and the constitutive title.
Legal Basis: Artigo 1421.º do Código Civil View on DRE
Official Documentation
📋 Context & Applicability
Liability may depend on resolutions of the assembly and the condominium's constitutive title.
Common parts, such as the terrace, are regulated by the Civil Code, which establishes that maintenance and repair expenses are, as a rule, the responsibility of the condominium.
- Verify the condominium's constitutive title.
- Consult the assembly's resolutions regarding works on common parts.
- Assess the legality of existing constructions.
✅ Technical Checklist
- Confirm the common nature of the terrace.
- Gather documentation regarding previous works.
- Consult the condominium regulations.
Applicability depends on specific resolutions of the assembly.
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.