Joining and separating fractions: How it works?
The works carried out in condominiums can be divided into several types, each of which has its own legislation and authorizations. Sometimes, you just need to seek authorization from the condominium, through condominium meetings. However, for others the approval of the City Council is required.
The question about joining and separating fractions has its complexities because, even though they seem similar, they have different rules. We will see.
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Do I need authorization to join fractions?
Firstly, when it comes to joining fractions (houses, garage or storage room), according to paragraph 1 of article 1422.º-A of the Civil Code, it is not necessary to request authorization from either the city council or the condominium as long as these are continuous.
However, the approval of the City Council is mandatory to proceed with the change of fractions if and only if:
– The building is not classified as architectural heritage;
– The modifications do not alter its structure/façade;
– The demolition of the walls does not include a main wall, which puts the safety of the inhabitants at risk.
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However, this will depend from case to case, that is:
– If you purchase both new or used units, you must take into account some assumptions when carrying out the adaptation works;
– As for the office units, these works are based on the demolition of the dividing wall between them.
If the common parts are changed, the condominium owner needs approval from the Condominium Assembly and will only be able to carry out the work if the condominium owners who do not consent to the change do not represent more than 1/10 of the total.
Should I update the description at the registry office?
If the work to alter fractions carried out changes the composition, for example, transforming a T1 into a T3, yes, you must update the description at the Land Registry Office, together with the Land Registry. This will avoid possible setbacks in a future transaction.
If you have only demolished the measuring walls, you do not need to update them.
How fraction separation works?
Seguidamente, se o condómino pretender dividir as frações, os critérios mudam e tornam-se mais complexos.
Além da aprovação unânime da assembleia de condóminos, é também necessária a atribuição do respetivo licenciamento ao projeto pela Câmara Municipal, para poder prosseguir com a separação de frações.
Then, if the condominium owner wishes to divide the fractions, the criteria change and become more complex.
In addition to the unanimous approval of the condominium assembly, it is also necessary for the City Council to grant the respective license to the project, in order to proceed with the separation of fractions.
Conclusion
In short, works in condominiums involve different types, each with its own legislation and authorizations, from condominium approval to approval by the City Council.
The joining of fractions does not require authorizations, except in some cases. The separation of fractions is more complex, requiring unanimous approval from the condominium and licensing from the City Council.
To avoid future problems, updating the Land Registry Office is essential, especially in cases of significant changes to the units.
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