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Condominium regulations are the building’s rulebook: they set out how the common parts are used and looked after, the hours for works and removals, the rules for pets, rubbish and parking, and the penalties for anyone who breaks them. Portuguese law makes them compulsory in many buildings, but leaves a great deal of freedom on what they contain. In this guide we explain when they are compulsory, who drafts and approves them, what a good set of regulations should include and the limits they cannot cross.
In short
- With more than four owners, regulations are compulsory unless they already form part of the constituting deed (article 1429-A of the Civil Code).
- The general meeting drafts them; if it does not, the administrator must.
- The regulations govern the use, enjoyment and upkeep of the common parts.
- They can set financial penalties, up to an annual limit of a quarter of the taxable income of the offender’s unit (article 1434).
- They can provide for shared services to be split equally or by use, with a reinforced majority (article 1424(2)).
- They cannot contradict the law or the constituting deed.
When regulations are compulsory
The obligation is in the Civil Code:
«1 – Havendo mais de quatro condóminos e caso não faça parte do título constitutivo, deve ser elaborado um regulamento do condomínio disciplinando o uso, a fruição e a conservação das partes comuns.» — Civil Code, article 1429-A
In plain English: where there are more than four owners and the constituting deed does not include regulations, regulations must be drawn up to govern the use, enjoyment and upkeep of the common parts.
Note two details. First, what counts is the number of owners, not the number of units: a building with six units and only three owners is not obliged to have regulations, although written rules are still advisable. Second, if the constituting deed already includes regulations, that text serves as the condominium regulations (article 1418(2)(b)).
Who drafts and who approves them
Article 1429-A(2) gives the drafting to the general meeting and, if it does not do so, to the administrator. In practice, the administrator prepares a proposal, sends it with the notice of the meeting and the meeting discusses and votes on it.
Approval usually follows the general majority in article 1432: a majority of the votes representing the building’s value. Some clauses, however, need their own majority:
| Clause in the regulations | Majority required | Legal basis |
|---|---|---|
| General rules on use, enjoyment and upkeep of common parts | Majority of votes by value | Art. 1432 |
| Splitting shared services equally or by use | Majority of owners holding a majority of total value, with no opposition | Art. 1424(2) |
| Banning acts or activities inside units | Decision approved with no opposition | Art. 1422(2)(d) |
| Financial penalties for breaches | General majority, within the legal cap | Art. 1434 |
The rules for each vote are explained in our guide to majorities at general meetings.
What good regulations should include
There is no compulsory legal template, but useful regulations answer the questions the administrator hears most often. We suggest this structure:
- Identification of the building and a reference to the constituting deed.
- Common parts: a list of what is shared and what is reserved for someone’s exclusive use (article 1421).
- Use of the common parts: entrance, stairs, lifts, garage, terraces, gardens, storerooms.
- Hours: works inside units, removals, use of shared leisure areas.
- Pets in the common parts (see pets in condominiums: rights and duties).
- Rubbish: where and when to put out rubbish, bulky items and recycling.
- Parking: allocation of spaces, visitors, loading and unloading.
- Works in units: advance notice to the administrator and protection of the common parts.
- Sharing of costs that depart from the permillage rule, when approved with the required majority.
- Financial penalties and the procedure for applying them.
On works, the regulations cannot allow what the law forbids: the General Noise Regulation only permits noisy works inside residential buildings on working days, between 8 am and 8 pm. The regulations can be stricter, for example by banning works at lunchtime. See noise in the condominium: what are the rules.
What the regulations cannot do
The regulations are a decision of the general meeting and are subject to the law and the constituting deed. They cannot, for example:
- Change the permillage or the purpose of the units: that requires amending the deed, usually with everyone’s agreement (article 1419);
- Remove legal rights, such as the right to install ramps for people with reduced mobility or electric vehicle chargers under the law (see reduced mobility in condominiums);
- Set fines above the cap of a quarter of the unit’s annual taxable income;
- Ban activities inside units by a simple majority: such a ban is only valid if it appears in the constituting deed or in a decision approved with no opposition (article 1422(2)(d));
- Exempt owners from contributing to the common reserve fund, which the law imposes on everyone.
An unlawful clause can be challenged by owners who did not approve it, within the deadlines in article 1433.
Financial penalties: how they work
Article 1434 allows the general meeting to set financial penalties for anyone who fails to comply with the law, the meeting’s decisions or the administrator’s decisions. The cap is clear: the amount applied in any year can never exceed a quarter of the annual taxable income of the offender’s unit. For a penalty to be enforceable, the regulations should describe the breach, the amount and the procedure (prior warning, a deadline to put things right, written notice). Penalties approved in the minutes and left unpaid can be recovered like other debts to the condominium.
How to update old regulations
Many regulations were written before the 2022 and 2026 reforms and still refer only to notices by post, or ignore video-call meetings, electric vehicle chargers and solar panels. To update them:
- Ask the administrator for the text in force and the minutes that amended it.
- Identify clauses that are out of date or contrary to the law.
- Gather owners’ suggestions before the meeting.
- Send the proposal with the notice of the meeting, with the changes highlighted.
- Vote on each clause with the majority it requires.
- Circulate the final version to everyone, including tenants.
Regulations and constituting deed: which prevails?
The constituting deed of the horizontal property defines the units and the purpose of each, and may already contain regulations (article 1418). Regulations approved by the meeting cannot contradict the deed or the law. In case of conflict, the constituting deed prevails, and it can only be amended as the law provides. See also understand the rights and duties of condominium owners.
How Condoroo helps
Condoroo manages more than 600 condominiums, including buildings with more than 300 units, with a team of more than 20 professionals. When we take over a building, we check whether the regulations in force reflect the current law and, where needed, prepare a proposal for the general meeting.
Condominium regulations: frequently asked questions
Are condominium regulations compulsory?
Yes, when there are more than four owners and the constituting deed does not include regulations (article 1429-A of the Civil Code).
Who drafts the regulations if the meeting does not approve them?
The law gives the drafting to the general meeting and, if it does not do so, to the administrator.
Do tenants have to follow the regulations?
Yes. The landlord should make them aware of them, and the rules on use of the common parts apply to anyone using the building. It is a good idea to attach the regulations to the tenancy agreement.
What is the maximum fine under the regulations?
Penalties applied in any year cannot exceed a quarter of the annual taxable income of the offender’s unit (article 1434).
Can the regulations split costs equally?
Yes, for shared services, if the rule is approved with no opposition by a majority of owners holding a majority of the total value, with justified criteria (article 1424(2)).
Can the regulations ban short-term letting or other activities in a unit?
Only if the ban appears in the constituting deed or in a decision approved with no opposition (article 1422(2)(d)).
This article is for information only and does not replace personalised legal advice. Legislation checked on 26 October 2026.
