Quer mudar uma loja para uso habitacional? Já pode, mas conheça as regras

Want to change a store to residential use? You can, but know the rules.

It is a diploma already in force that allows for the alteration of properties for residential use, without prior authorization from the condominium.

27 Feb 20243 min

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For questions about buying and selling real estate, contact the real estate agency Casa no Minuto. But read first what is at stake in this new decree-law.

What is the amendment to the legal regime of condominium ownership?  

The amendment to the legal regime of horizontal property, which now allows a property to change its purpose to residential use without the need for the authorization of the condominium, came into effect on January 8th. There are certain rules and deadlines that must be followed regarding this change. 

The Portuguese Association of Condominium Management Companies raises the alert regarding the published decree that allows changing the purpose of a fraction for residential use without prior authorization from the condominium.

The diploma explicitly states that "The change of the purpose or use for each fraction to housing does not require authorization from the other owners".  

But what is the purpose of the measure? Its goal is to increase the supply of housing, simplifying the alteration of the constitutive title of fractions that previously served a different purpose, such as a retail store.

Notice the rules and deadlines set, however, in light of this measure already in force.  

What are the rules to comply with in the case?

According to APEGAC, cited by Idealista, "the fact that the condominium owners no longer have to authorize the change of the fraction's purpose, when it is for housing, does not mean that the fraction is immediately eligible for that purpose", and it is necessary to submit the project to the respective municipality, have the project approved, to proceed with the "works necessary for the purpose, in order to obtain the respective operating license".

"Otherwise, there would be a risk of turning fractions with completely different purposes (such as storage, warehouse, garage, etc.) into homes without minimum conditions and dignity for this purpose," can also be read on Idealista."

The association's statement also states that, although authorization is not necessary, the change must be communicated to the condominium owners through the administrations, as the meeting of owners must always pronounce itself whenever the change in question requires works in the common areas. This is because it may affect the aesthetic and architectural line of the building.

The diploma still stipulates that the public deed, or the private document that determines the amendment of the constitutive title of the fraction, must be communicated to the administrator within 10 days.

Need help in this process, or have questions about buying and selling a house? The real estate agency Casa no Minuto is available, helping you quickly, closely, and personalized. Contact a real estate consultant and ensure the help you need!

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