LIABILITY REGARDING THE TERRACE
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❓ Identified Question
"What is the liability for damages on an exclusive-use terrace that covers a garage?"
🎯 Direct Answer
As a rule, damages to the terrace not resulting from the owner's lack of care should generally be repaired by the condominium, but damages caused by elements under the owner's responsibility, such as taps, may be their liability.
Legal Basis: Artigo 1421.º e Artigo 1424.º do Código Civil View on DRE
Official Documentation
📋 Context & Applicability
Liability depends on the origin of the damage and the title of use of the terrace.
Article 1421 of the Civil Code defines the common parts and Article 1424 addresses the maintenance and enjoyment of the parts.
- Verify if the damage results from the owner's lack of care.
- Confirm whether the tap or pipe is considered a common part or for exclusive use.
✅ Technical Checklist
- Identify the source of the infiltration.
- Consult the condominium regulations regarding responsibilities.
- Check the insurance policy and its coverages.
Applicability depends on verifying whether the tap 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.