The Government will implement a measure to help condominiums with the purchase and installation of chargers for electric cars. This measure is included in the incentive program for the purchase of environmentally friendly vehicles for 2022. The beneficiaries will be entitled to a contribution that can reach 1800 euros, which corresponds to 80% of the expenses, for each parking space. Each beneficiary will have a contribution of up to half of the purchase price, up to a maximum of 500 euros. The regulation of the program should be published this week. The equipment to be installed will be connected to the Mobi network. In addition, the chargers will make it possible to separate electricity consumption for charging purposes from that of the common parts of the building. The Environmental Fund will also move forward in 2022 with a pilot category to finance the purchase of more electric vehicles for soft mobility. This is the first time that this incentive will be applied, with a sum of 525 thousand euros that will support the purchase of more than a thousand pieces of equipment (scooters, skateboards, hoverboards, roller skates, monowheel, tricycles and light quadricycles).
Neighbors construction work can lead to disagreements or even damage to the home. Usually, out of ignorance of their rights or fear of generating conflicts, those affected end up doing nothing. However, the truth is that both the law and the Regulations of the Condominium have rules for these situations. When it comes to problems with neighbors one has to take into consideration whether it is a building or another type of dwelling. The law is clear about the property rights of real estate, determining limits both in the case of horizontal property (apartments) and vertical property. However, there are some differences to be taken into account. Thus, we present ways to act in contexts of damage or flooding caused by the intervention, based on nu article from Caixa geral de Depósitos. In case of an apartment, heres what you should know In the so-called horizontal property, the condominium management can intervene in conflict situations and even solve the problem. Furthermore, the Condominium Regulations, which are mandatory whenever the building has more than four unit owners, determine a set of rules for those who live in these fractions or occupy the commercial spaces. Note: Horizontal property and vertical property: what is the difference? For a building to be considered horizontal property, it must be made up of autonomous fractions, that is, each fraction has a different owner. A property that belongs to only one owner is considered vertical property. To be able to complain, one must understand the law. Besides the Regulations of the Condominium, the Civil Code (namely Chapter VI - Horizontal Property and the General Regulations of Urban Buildings determine a set of rules to be followed. Do the neighbors have to be informed of the construction work? Before the beginning of the intervention, it is necessary to inform the neighbors of the estimated period for the execution of the works and the hours when the noise can be more intense. The notice should be placed in a visible place, for example, at the entrance to the building or at the access to the garages. Work may only take place on weekdays, between 8 am and 8 pm. Otherwise, it is a violation of the Noise Law. Neighbors can call the police, and offenders, in addition to being forced to stop the noise, can be fined. Is it necessary to have a permit? It depends. For the execution of works inside the fraction, the owner does not need authorization from the condominium. In the common areas, such as staircases, garages, roof or others, the works for innovations, such as, for example, the installation of an outlet to charge electric cars, require the authorization of two thirds of the owners. And they are not even allowed if they impair the use of the property of any of the joint owners or the common property. The authorization of two thirds of the owners is also required for works that change the architectural line or the aesthetic arrangement of the building. For example, the placement of marquees or other interventions that alter the facade. These works must also not be detrimental to the safety of the building. What if your neighbors construction work causes damage to your home? Even if authorized, there may be situations in which the works may cause damage to the neighbors houses or to the common parts of the building. In these situations, the condominium owner who is carrying out the works is responsible for such damage. Still, it is necessary to prove that these works were, in fact, the origin of the problems caused, since without evidence it is not possible to grant liability. Water damage, such as flooding or infiltration, can be resolved more simply and quickly if both neighbors have multi-risk insurance that accepts the Settlement of Water Damage Claims in Horizontal Property Buildings (DPA). All that is required is to fill out the Friendly Declaration for Water Damage (DADA) so that the insurer of the injured party can indemnify him, and then claim the amount from the insurer of the fraction that was responsible for the accident. With this system, the repair of the damage is faster and can avoid conflicts between neighbors. On the site of the Portuguese Insurers Association you can download the declaration, find out the list of companies that have adhered to this modality, and learn what conditions must be met in order to make use of DADA. What to do to complain? The first way to try to make your neighbor assume responsibility for the damage caused is to alert him to what has happened and, through dialogue, try to resolve the situation by means of insurance or repair. As this is not always successful, you may have to proceed to a compensation claim. In this case, it is essential to document what happened. Photographing the damage, alerting the administration of the condominium are fundamental steps. Wherever possible, make the complaint in writing. You can use email or a registered letter with return receipt to ensure that it has been delivered. Also approach any neighbors who may have noticed what happened. Later on, they can confirm what happened, so their testimonies may be useful as evidence. In the most serious cases, where there was flooding due to burst pipes or collapsed ceilings or walls, it is advisable to alert the responsible authority (fire department or police), because the reports issued by these entities are important evidence. It is also important to have budgets for the repair or replacement of the damage or, if you have made such a repair or purchase, to have invoices to prove it. This is the only way to prove that you incurred the expense and claim the respective compensation. If you want compensation for damages and cannot reach an agreement, you can resort to alternative means of dispute resolution, such as the Courts of Peace and arbitration centers. If it is not possible to resort to these alternative means, you will always have the possibility of going to court, but this solution, besides being more time-consuming, also entails other expenses. Not only do you need to hire a lawyer, but you may also have to pay court costs. What if I dont live in an apartment? In the case of another type of dwelling, to which the horizontal property regime does not apply, property rights still exist. That is, there are limits to interventions that could be harmful to neighboring residents. In these cases, the law also defines a set of rules that must be respected and that concern situations as diverse as the opening of windows, construction of walls or even the planting of trees. As with those who live in apartments, anyone who feels aggrieved by a neighbors construction work has the right to take action. If dialogue is not enough to solve the problem, it may be necessary to resort to police and municipal authorities. Arbitration centers and Courts of Peace are also indicated for these cases. However, it is still necessary to have evidence to document your complaint.
The law that revises the horizontal property regime, altering the Civil Code, the Decree-Law n.º 268/94, of October 25, and the Notary Code, was published in the Official Gazette. The new measure, which was promulgated by the President of the Republic, in December, comes into force 90 days after its publication, that is, in April. It is the Parliaments diploma that changes the horizontal property regime, with the purpose of making life easier for condominium owners and administrators. The vice-president of the social-democratic bench Afonso Oliveira said, at the end of March 2021, when the bill was presented, that the objectives of this bill (are) to facilitate the administration of condominiums, to give more responsibility to the administration of condominiums and to facilitate the lives of people who live in condominiums. In this sense, the present law reveals that the necessary expenses for the maintenance and common parts of the building will now be the responsibility of the unit owners at the time of the respective resolutions, and will be paid by them in proportion to the value of their units. On the other hand, for expenses relating to the payment of common services to be borne by the owners in equal shares, the provision of the condominium regulations must be approved, without opposition, by a majority of the owners representing a majority of the total value of the building. It should be noted that the expenses relating to the common parts of the building that exclusively serve any of the condominium owners are borne by those who use them. However, in case their state of conservation affects the state of repair, the condominium owner in favor of whom their exclusive use is assigned only bears the value of the respective repair expenses in proportion to the value of his fraction. The document also indicates that among the changes, the period for holding condominium meetings was changed to the first quarter of each year, as opposed to the usual first fortnight in January. However, this possibility can only be contemplated if it is implicit in the condominiums regulations or result from a resolution, approved by a majority of the owners meeting. Regarding the notice to convene a meeting, this can now be done by email, for the unit-holders who expressed their wish to do so at a previous meeting of the unit-holders. Administrator of the condominium with more responsibility The functions of the administrator are also increased, and will now have to validate the existence of the common reserve fund, to inform the owners whenever the condominium is summoned or notified within the scope of legal proceedings. The administrator will also have to intervene in all emergency situations that require it, immediately convening an extraordinary meeting of the condominium owners for ratification of their actions. With regard to extraordinary or innovative conservation works, the administrator is obliged to present at least three budgets from different sources for their execution. The same document also points out that the administrator must also issue, within a maximum period of 10 days, a statement of the condominium owners debt, whenever requested by the same, namely for the purpose of alienation of the fraction.
According to a study by APP Fixando, based on the activity of its clients until January 11, with more than 500 condominium management specialists registered in that app, the demand for condominium management companies increased 84% between January 1 and 7 this year, when compared to the same period of the previous year. The study indicates that 48% of owners chose to hire specialized companies and 59% pointed out the lack of availability as the main reason to resort to professionals, and 38% revealed that they did not like the experience of managing the condominium of their buildings. Alice Nunes, director of New Businesses at APP Fixando, highlights that this data reveals the return of interest and demand for this type of service in January 2022, and is a result, on the one hand, of the return to normal life, and on the other hand, of the previous years experience in managing condominiums without the support of a company. Regarding the prices charged by these specialists, last year, the average cost was 117 euros per month, and this service is now being provided in a hybrid model, with 80% of the specialists providing these functions remotely. She concludes that in terms of fees, we estimate that the prices charged by the sector will remain stable.
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