08 March 22 | Lisboa
Law 8/2022

Published on 10th January 2022, Law 8/2022 revises the horizontal property scheme, amending the Civil Code, Decree-Law 268/94 and the Notary’s Code.

Published on 10th January 2022, Law 8/2022 revises the horizontal property scheme, amending the Civil Code, Decree-Law 268/94 and the Notary’s Code.

Firstly, the lack of agreement concerning the revision of the title deed in regard to the common parts can now be judicially supressed, as long as two conditions are observed: the tenants who object have to represent an inferior number of 1/10 of the capital invested and the revision must not change the conditions of use, the relative value or the intended purpose of the building units.

Owners of the units at the time of the deliberations are liable for the necessary expenses regarding maintenance and fruition of the common parts of the building, as well as those concerning the payment of services of common interest. The diploma also establishes that both are paid in proportion of the value of their units.

Additionally, “urgent and essential repairs” are defined as necessary repairs which, in short term, eliminate defects that can cause or aggravate damages on the buildings and goods, or jeopardize people’s safety at any moment.

Notices can be sent by electronic mail to tenants who have requested it in a previous meeting. In addition, the tenants must send a confirmation of the respective notice’s reception via e-mail.

The meetings’ deliberations must be communicated to all absent tenants within 30 days, through a registered letter with an acknowledgment of receipt or by electronic mail.

This diploma clarifies the possibility of remote meetings when the building administration so determines, or the majority of the tenants request it. However, the administration must ensure the means necessary to participate in these remote meetings when tenants reasonably communicate to the administration the impossibility to do so otherwise. 

The building manager has increased duties and is civilly liable for failing to perform them. The manager’s role is more prominent with this revision, as they can initiate proceedings representing the tenants or when expressly authorized by the tenants’ meeting.

In cases of transfer of ownership, the unit’s owner must require a written declaration from the building manager featuring the amount of all the costs regarding the respective unit, with payment deadlines and existing debts specified.

This diploma also establishes that liability for existing debts is assessed by the moment in which they should have been paid. Nevertheless, if the buyer expressly states that they do not require the declaration from the building manager, they accept liability for any debt of the unit’s seller, as a consequence.

The new owner is liable for the unit’s costs due in a posterior date to the transfer of ownership, regardless of their nature.

The transfer of ownership must be communicated to the building manager by the seller, through registered mail and within 15 days of the respective transfer. This information should include the full name and the tax identification number of the new owner.

This Law enters into force 90 days after its publication, on 10th April 2022, expect the revision of Article 1437 of the Civil Code which entered into force on 11th January.

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