TERRACE AS A COMMON PART
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❓ Identified Question
"Is a neighbor's terrace in a horizontal property regime considered a common part in case of infiltration?"
🎯 Direct Answer
Yes, the terrace is considered a common part and the responsibility for maintenance may be shared among the condominium owners.
Legal Basis: Artigo 1421.º do Código Civil View on DRE
Official Documentation
📋 Context & Applicability
Liability for the infiltration may be attributed to the condominium, depending on the origin of the problem.
The terrace, being a structure that affects the building, is considered a common part, as stipulated in the Civil Code.
- Verify the origin of the infiltration
- Consult the condominium regulations
- Activate the condominium insurance if applicable
✅ Technical Checklist
- Confirm the status of the terrace in the property registry
- Notify the condominium administration about the infiltration
- Gather documentation regarding the insurance
The neighbor's insolvency may complicate the resolution of the problem.
Consider the possibility of mediation between condominium owners.
Check if there is a possibility of judicial action for repair.
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.