Condominium Law in Portugal: Essential Guide for Foreign Buyers

If you live in a condominium, it is essential to understand the law that regulates the rights and obligations of property owners. In 2022, Portuguese legislation introduced significant changes to the horizontal property regime, affecting issues such as works, noise, meetings, property sales and the responsibilities of the condominium administrator. Here is a detailed overview.

✅ Which condominium law is currently in force?

The legislation governing condominiums is defined by Law No. 8/2022, which amended the Civil Code, Decree‑Law No. 268/94 of 25 October, and the Notaries Code. These changes came into force in April 2022 and introduced new rules on works, common expenses and the administrator’s duties.

In a condominium, each unit has a different owner, but all owners share responsibility for the common areas, making it essential to understand the applicable regulations.

✅ Main changes introduced by the 2022 condominium law

The April 2022 update brought several important changes to the horizontal property regime:

1. Mandatory declaration for property sales

The administrator must now issue a declaration confirming whether or not there are outstanding condominium debts associated with the unit being sold.

2. Responsibility for debts

The new owner is only responsible for condominium debts incurred after acquiring the unit. Any previous debts remain the responsibility of the seller.

3. Expenses for common areas

Unless otherwise stated, only the owners who approved the works in the common areas are responsible for the associated costs.

4. Urgent works

The law clarifies when urgent works may be carried out without prior approval, namely when they are necessary to prevent damage or risk.

5. Online meetings

Condominium meetings may now be held via videoconference whenever the administration decides so or when the majority of owners request it. Notifications may also be sent by email, provided the owner has given consent.

6. New duties of the administrator

The administrator now has expanded responsibilities, including:

ensuring the existence of a reserve fund,
collecting overdue fees,
presenting three quotes for extraordinary works,
issuing mandatory debt declarations.

✅ What is the condominium regulation?

The condominium regulation is a set of internal rules governing:

the use of common areas,
the behaviour of owners,
the administration of the building,
silence hours,
use of garages, gardens or shared spaces,
rules for works inside private units.

It is usually approved at a condominium meeting and may be amended when necessary.

✅ Can the condominium regulation be amended?

Yes. The procedure depends on whether the regulation is part of the title deed (título constitutivo da propriedade horizontal):

If included in the title deed, the amendment must follow the voting majority required for each clause (often unanimity).
If it is an autonomous regulation, approved in a meeting, it may be amended by the majority applicable to each matter.

✅ What does the law say about works in the condominium?

Works in common areas

These must be approved at a condominium meeting, and expenses are shared according to each unit’s percentage (permilagem), unless otherwise decided.

Urgent works

Urgent works may be carried out without prior approval when they are essential to prevent damage or risk. They may be executed by the administrator or, in their absence, by any owner.

Who pays for the works?

New owners are not responsible for works approved before they purchased the unit. Responsibility lies with the previous owner.

✅ Noise and disturbance

Noise is one of the most common sources of conflict in condominiums.

Although the condominium law does not set noise limits, the General Noise Regulation (Decree‑Law No. 9/2007) applies, establishing:

night‑time quiet hours between 11 p.m. and 7 a.m.

The condominium regulation may set stricter rules.

In case of disturbance:

The affected owner may ask the administrator to intervene.
The administrator should mediate the conflict.
In serious or repeated cases, authorities may be contacted.

✅ Is condominium insurance mandatory?

Yes. Portuguese law requires fire insurance for buildings under horizontal property, covering:

common areas,
individual units.

Many condominiums choose multi‑risk insurance, which includes additional coverage such as flooding or natural events. Owners may also take out individual insurance for extra protection.

✅ Important note

This information is for general guidance and does not replace consultation of the applicable legislation or advice from qualified professionals such as lawyers, solicitors or condominium administrators.