The Portuguese Association of Condominium Management and Administration Companies (APEGAC) warned this Friday, February 17, that changing the purpose of a commercial property or services for housing depends on the approval of all owners, according to the Code Civil.
«The alteration of the purpose of commercial properties or services for housing, without the need for a use license, implies going beyond what the Civil Code provides, with regard to properties under the horizontal property regime, which requires approval by all owners when if you intend to change the end of the fraction», warned the association, in a statement.
At issue is the More Housing Government program, presented on Thursday, which provides that «land or property authorized for commerce and services will be able to be used for construction or converted into housing without changing land use plans or licenses. ».
The change, according to the prime minister, can be made "without the need to change any land use plan or license".
For APEGAC, «you cannot run the risk of, with this measure, creating a mixture of fractions, on the same floors or levels, with different purposes».
«The alteration of the purpose must imply the guarantee of habitability conditions, for which it will be necessary, in many cases, to carry out works not only inside the fractions, but also in the common parts, which are subject to the approval of the joint owners’ assembly» , he explained.
According to APEGAC, when proposing «to put an end to licenses issued without its approval», that is, without the approval of the owners, all fractions that explore the activity of local accommodation are included in this measure.
«What should be proposed is a change to the legal regime of local accommodation, in order to reconcile the interest of those who live in condominiums and those who intend to explore the business of local accommodation», he defended, adding: «to be interpreted that the exercise of the local accommodation activity in a residential fraction, changes its purpose, we are facing a situation that requires the approval of all the owners or, at least, two thirds of the total value of the building, without opposition».
As for the inspection extending to the Parish Councils, APEGAC considered that this is an unsuitable measure, «because it is impractical», given the scarce financial, human and technical resources of those entities.
Finally, the association said it hoped that the Government «complies with the provisions of the Basic Housing Law and regulates the professional activity of managing condominiums» and that «this opportunity is not wasted to change the obligation of insurance against the risk of fire of the buildings, for the multi-risk insurance contracted by the condominium».
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