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The recent change to the legal regime for horizontal property marks a significant moment for the real estate sector and for individuals looking to adapt commercial spaces for housing. With the new legislation, established by article 1422.º-B of the Civil Code, the conversion of stores into residential spaces becomes advantageous and more accessible.
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Change in legislation
The legislative advance facilitates the path to a more flexible urban environment, allowing faster adaptation to the dynamism of the real estate market and emerging housing needs.
This update came with article 1422.º-B, added to the Civil Code, which exempts owners from the obligation to obtain authorization from condominium owners to change the use of their fractions for housing, as long as the condominium in question does not specify the destination of each fraction in its constitutive title.
Legal and procedural aspects
Recent changes to legislation aim to simplify the retrofitting of commercial spaces into housing, offering greater flexibility to meet growing residential needs. However, it is essential to observe the basic rules, including complying with regulations, obtaining approvals and licenses, and adhering to construction and safety requirements. By following these guidelines, the legislation provides a more efficient and effective approach to the successful conversion of these spaces.
De-bureaucratization of changes in use:
Now, the adaptation of commercial spaces for housing is exempt from authorization in a condominium meeting, removing a significant obstacle that could previously delay or make housing renovation projects unfeasible. With the new law, only communication to the condominium administration is required after the change, accompanied by the appropriate documents.
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Mandatory procedures:
Despite the ease added by the law, interested owners must present a transformation project to the respective municipal council, so that it can prove that the appropriate housing conditions exist. The change in the constitutive title, documented via public deed (or authenticated private document) must be communicated to the condominium administrator within 10 days.
Aesthetic and structural implications:
It is important to note that, even with the liberalization of prior authorization from condominium owners, any interventions that may affect the aesthetic or structural characteristics of the building continue to require communication and, in some cases, the agreement of the condominium assembly.
Impact on the housing market
The objective of this innovation is to facilitate the adaptation of commercial spaces for housing. By encouraging the reuse of spaces, the legislation seeks to create an environment conducive to a significant increase in supply in the housing market. This transformation not only contributes to meeting growing market demand, but also enhances the revitalization of previously unused urban areas, the diversification of residential options and sustainability, by encouraging the reuse of a space instead of new construction.
Responsabilidades e comunicação
The new legal structure reinforces the importance of clarity and communication between everyone involved in the management and transformation of condominiums. As reiterated by Vítor Amaral, president of APEGAC, in an interview with radio renascença, the introduction of this change to the regime must be transparent and widely communicated to condominium owners, ensuring that all stakeholders are informed and that the changes are implemented in a harmonious and consensual manner.
Conclusion
This legal advance marks a paradigmatic change in the management of horizontal property, promoting greater freedom and flexibility in the configuration of our living environments, in line with market dynamics and the growing demands for versatile housing solutions.
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