Wanting to change a store to residential use? You can, but be familiar with the rules.

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

What is the amendment to the legal regime of horizontal property 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 authorization from the condominium, came into force on January 8. However, there are certain rules and deadlines that must be followed regarding this change.

The Portuguese Association of Companies for Condominium Management and Administration is sounding the alarm about a decree-law that allows the purpose of a fraction for residential use to be changed without prior authorization from the condominium. Source: www.casanominuto.com

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

But what is the purpose of the measure? It aims to increase the supply of housing, to simplify the amendment of the constitutive title of fractions that previously had another purpose, such as a commercial store.

Notice the rules and deadlines established, however, in light of this measure already in effect.  

What rules must be complied with in the measure in question?

According to APEGAC, cited by Idealista, "the fact that condominium owners no longer need to authorize the change of the purpose of the fraction, when it is for housing, does not mean that the fraction is immediately enabled for that purpose", as it is necessary to present the project in the respective municipality, have the project approved, to proceed with the "necessary works for the purpose, in order to obtain the respective occupancy license". Source.

"Otherwise, there would be a risk of turning fractions with completely different purposes (for example storage rooms, warehouses, garages, etc), into dwellings without minimum and dignified conditions for this purpose," as read on Idealista.

The association's notice also states that, although authorization is not required, the alteration must be communicated to the condominium owners through the administrations, as the condominium meeting must always have a say whenever the change requires works in the common areas. This is because it may affect the aesthetic and architectural line of the building.

In the diploma, it is stipulated 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 a maximum period of 10 days.

Need help with this process, or clarification on buying and selling a house? The real estate agency Casa no Minuto is available, helping you quickly, closely, and personalized. Get in touch with a real estate consultant and ensure the help you need!