In a building under propriedade horizontal (the Portuguese condominium regime), the roof does not belong to whoever lives on the top floor. It belongs to everyone. This decides who pays for the repair, who orders the works and what happens when rain comes into a single flat. This guide explains the rules using the text of the Código Civil (Civil Code) and Decreto-Lei n.º 268/94 (Decree-Law 268/94) and says what the law does not settle on its own.
Updated on 2 November 2026. General information, not legal advice. In a specific dispute, speak to a lawyer or an arbitration centre.
The essentials
- The roof is a common part, even if it serves only one flat (article 1421 of the Código Civil).
- Upkeep is paid by everyone, in proportion to the value of each flat (the permilagem, the share in thousandths), unless otherwise provided (article 1424).
- Repairing is not the same as an improvement. An improvement (inovação) needs a majority of owners representing two thirds of the building’s value (article 1425).
- In an emergency, the administrator steps in and immediately calls an extraordinary meeting to ratify it (article 1436). If there is no administrator, any owner can carry out essential and urgent repairs (article 1427).
- Extraordinary maintenance works: the administrator must present at least three quotes from different sources, unless the building rules or the meeting decide otherwise.
- Common reserve fund: each owner pays in at least 10% of their share of the other expenses, to fund the building’s upkeep.
The roof belongs to everyone
Article 1420 says each owner owns their flat outright and is a co-owner of the common parts. They cannot give up the common part to escape the expenses.
Article 1421(1)(b) lists as common “the roof or the roof terraces, even if intended for the use of any one unit”. So a roof terrace used only by the top flat is still a common part. The deed establishing the condominium (título constitutivo) can give one owner exclusive use of a common part (paragraph 3), but this does not change ownership.
Who pays for the repair
The rule is in article 1424(1): the expenses needed to maintain and use the common parts are paid by the owners in proportion to the value of their flats. Those who own the flats at the time of the decision pay.
| Situation | Who pays, under article 1424 |
|---|---|
| Building roof, used by all | Everyone, by permilagem |
| Common part serving only some owners | Those who use it (paragraph 3) |
| Roof terrace for the exclusive use of one flat, whose condition affects other common parts | The owner with exclusive use pays only their share, like the others, unless the damage comes from something attributable to them (paragraph 6) |
The owner of the top flat, where the rain comes in, does not pay more because of it. They pay their permilagem, like everyone else.
What about damage inside the flat?
The roof works are one thing; the paintwork or furniture ruined inside the home is another. Article 493(1) of the Código Civil says that whoever has a building in their control, with a duty to watch over it, is liable for the damage it causes, unless they prove they were not at fault.
The Tribunal da Relação de Coimbra (Coimbra Court of Appeal; judgment of 14 February 2012, case 1388/09.3T2AVR.C1) applied this rule to water coming in through the façade, also a common part: the condominium was liable for the losses in the flat. It is a ruling on one case, not an automatic rule.
What to do in practice: tell the administrator in writing, with photos and dates. Ask for the matter to go on the agenda. Also speak to your own insurer, if you have home insurance.
Repair, improvement or change of appearance
The law requires different majorities depending on the type of works:
| Type of works | Majority required | Article |
|---|---|---|
| Maintenance and repair | Majority of the votes representing the invested capital | 1432(5) |
| Improvement (inovação) | Majority of owners representing two thirds of the building’s total value | 1425(1) |
| Works changing the architectural line or the look of the building | Two thirds of the building’s total value | 1422(3) |
| Solar panels for self-consumption (UPAC), with at least two flats | Simple majority of owners | 1425(3) |
The law does not define an improvement. In plain terms, putting the roof back as it was is maintenance; changing the solution or adding something new may be an improvement. Where the line falls in a specific case is decided in court.
Owners who voted against an improvement still pay, unless a court finds their refusal justified. A refusal is always justified when the works are a luxury or out of proportion to the building (article 1426). Improvements that impair any owner’s use are forbidden (article 1425(8)).
Urgent repairs
Article 1427 defines essential and urgent repairs as those needed to remove, in a short time, defects in the common parts that could at any moment cause or worsen damage to the building or to property, or put people at risk. A roof letting water in may fall within this. In a dispute, the court decides.
- The administrator must step in whenever there is an emergency and immediately call an extraordinary meeting to ratify what was done (article 1436(1)®).
- If there is no administrator, or they are unable to act, any owner can carry out these repairs (article 1427(1)).
How to approve the works, step by step
- Call the meeting. The meeting is called by the administrator or by owners holding at least 25% of the invested capital (article 1431(2)).
- Give notice in time. Registered letter 10 days in advance, or a notice with a signed receipt. By email only for owners who agreed to it at an earlier meeting, with the address recorded in the minutes (article 1432(1) to (3)).
- Say what it is about. The notice gives the day, time, place and agenda (article 1432(4)).
- Bring quotes. At least three, from different sources, for extraordinary maintenance or improvements (article 1436(2)).
- Vote. Each owner has the votes of their permilagem (article 1430(2)). If there is no quorum and no other date was set, the meeting is held again one week later, at the same time and place, and decides by a majority of those present, provided they hold at least a quarter of the building’s value (article 1432(6)).
- Write the minutes. They are compulsory. Decisions only take effect once the minutes (ata) are approved (article 1 of Decreto-Lei n.º 268/94). They can be signed with a qualified electronic signature or endorsed by email.
- Carry it out. The administrator carries out decisions that have not been challenged within 15 working days at most, or within the period set by the meeting (article 1436(1)(i)).
The meeting can be held by video call if the management so decides or a majority of owners asks, provided anyone without the means is given them (article 1-A of Decreto-Lei n.º 268/94).
Owners who do not pay their share: the minutes setting the amount and due date are an enforceable title (título executivo) against the owner in default (article 6 of the same decree-law).
If you disagree with the decision
Article 1433 sets short deadlines for owners who did not approve a decision that breaks the law or the building rules:
- 10 days to ask the administrator for an extraordinary meeting, held within 20 days;
- 30 days to take the decision to an arbitration centre;
- 60 days from the decision to bring an action to annul it, or 20 days from the extraordinary meeting, if you asked for one.
For absent owners, the deadlines run from when they are notified. Acts of the administrator can be appealed to the meeting (article 1438).
Money: reserve fund and insurance
Common reserve fund (fundo comum de reserva). It is compulsory and pays for the building’s upkeep. Each owner pays in at least 10% of their share of the other condominium expenses. It must be held at a bank and is managed by the owners’ meeting. If it is used for another purpose, the owners must top it back up within 12 months (article 4 of Decreto-Lei n.º 268/94).
Insurance. Insurance against fire is compulsory for the building, both flats and common parts (article 1429 of the Código Civil). It must be updated every year (article 5 of Decreto-Lei n.º 268/94). Note: the law only requires cover for fire. Storms and water damage are only covered if the policy includes them. See the guide to home insurance after a storm.
Permits, VAT, asbestos and aid
- Permit: the rules changed on 1 October 2026. See the guide to permits for roof works. In municipal procedures on necessary works to common parts (articles 89 to 91 of the RJUE, the urban development and building code), notifying the administrator is enough. If the works are enforced, each owner pays according to their share (article 11 of Decreto-Lei n.º 268/94).
- VAT: labour may qualify for the 6% rate. See the guide to VAT on roof works.
- Fibre cement: if the roof may contain asbestos, see the guide on asbestos roofs.
- Insulation: see aid for roof insulation. For damage from the 2026 storm, see aid after Storm Kristin.
What we could not confirm
- Where repair ends and improvement begins on a specific roof. We did not read case law on this point.
- How an owner who pays for an urgent repair under article 1427 gets reimbursed. The article does not say.
- Liability for damage inside the flat in each case. We cite one ruling of the Coimbra Court of Appeal; other courts may decide differently.
- Amendments to Decreto-Lei n.º 268/94 after 2022. We read the text republished by Lei n.º 8/2022.
- The text of Lei n.º 29/2026, of 23 June, which amended article 1425. We read the consolidated article, not the amending law.
Sources (read on 2 November 2026)
- Código Civil, articles 1420 to 1423, 1424 to 1431, 1430 to 1435, 1436 to 1438-A and 492 and 493, consolidated text in the database of the Procuradoria-Geral Regional de Lisboa (Lisbon regional public prosecutor’s office).
- Lei n.º 8/2022, of 10 January, Diário da República (official gazette), 1st series, no. 6, with the republication of Decreto-Lei n.º 268/94, of 25 October (articles 1, 1-A, 4, 5, 6 and 11).
- Tribunal da Relação de Coimbra, judgment of 14 February 2012, case 1388/09.3T2AVR.C1 (summary).