RESPONSIBILITY FOR THE REPAIR OF THE TERRACE
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❓ Identified Question
"Who is responsible for repairing the floor of a terrace for exclusive use that causes leaks in a lower unit?"
🎯 Direct Answer
Responsibility for the repair depends on the origin of the leakage and the title of the terrace (common part vs exclusive use).
Legal Basis: Artigo 1424.º do Código Civil View on DRE
Official Documentation
📋 Context & Applicability
Responsibility depends on the origin of the leakage (structure/waterproofing/coating) and the title of the terrace (common part vs exclusive use).
Article 1424 of the Civil Code establishes that the expenses for maintenance and repair of the common parts are the responsibility of the condominium, unless otherwise provided in the constitutive title.
- Verify the constitutive title of the condominium.
- Determine the origin of the leakage.
- Consult the condominium regulations.
✅ Technical Checklist
- Confirm whether the terrace is a common part or for exclusive use.
- Assess the cause of the leakage.
- Notify the condominium administration about the problem.
Applicability depends on verifying whether the terrace is a common part or for exclusive use.
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.