ESTABLISHMENT OF HORIZONTAL PROPERTY IN A MORTGAGED BUILDING
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❓ Identified Question
"Is it possible to establish horizontal property in a mortgaged building?"
🎯 Direct Answer
Yes, it is possible, but it requires the bank's authorization and compliance with certain legal procedures.
Legal Basis: Artigo 1414.º do Código Civil View on DRE
Official Documentation
📋 Context & Applicability
It is necessary to obtain the bank's authorization for the establishment of horizontal property.
The establishment of horizontal property allows the division of a building into autonomous fractions, even if mortgaged.
- Request the establishment of horizontal property at the land registry office.
- Inform the bank about the intention to establish horizontal property.
- Verify the conditions of the mortgage contract.
✅ Technical Checklist
- Consult the bank to obtain authorization.
- Prepare the necessary documentation for the establishment of horizontal property.
- Register the new configuration at the land registry office.
Always obtain the bank's authorization before proceeding.
The mortgage may be maintained over the new fractions.
Consider consulting a lawyer specialized in real estate law.
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.