Members frequently ask us about what is permitted in condominium parking and garage spaces, as well as their rights and obligations. These areas, although essential for daily convenience, are often a source of disputes between neighbours — whether due to improper use, equipment failures, or questions regarding ownership and maintenance responsibilities.
These answers are taken from Members’ questions and are based on current Portuguese condominium regulations and best practices for harmonious co-living.
1. Can I Sell my parking space
Permitted if the space is registered as an independent unit (fração autónoma) in the official property deed (título constitutivo da propriedade horizontal).
Not permitted if it is legally linked to an apartment. In such cases, it can only be transferred together with the dwelling. Renting may be considered as an alternative.
2. Notification of Other Owners Prior to Sale
There is no legal obligation to inform other condominium owners before selling a parking space. However, voluntary communication might facilitate the sale if neighbouring owners are interested.
3. Gate Malfunctions and Improper Use
If garage gates are frequently damaged or used for pedestrian access, the building administrator should intervene. The administrator is responsible for ensuring that the co-owners understand that improper use of the garage gate leads to faster wear and tear and, consequently, to additional costs for everyone. This advice should also be included in the condominium regulations, as damage caused by neglect will involve additional expenses for everyone.
4. Theft or Damage in the Garage
The condominium is not liable for theft or damage unless negligence can be proven. Incidents should be reported to the administrator for security monitoring, and a formal complaint should be filed with the competent authorities. Owners are advised to properly secure their bicycles and other belongings.
5. Incorrect Parking Practices
If reminders from the administrator are ineffective, penalties may be applied if provided for in the condominium regulations. Disputes may also be referred to Julgados de Paz (Peace Courts) where available.
6. Storage in Parking Spaces
Parking spaces are intended exclusively for vehicles (cars, motorcycles, bicycles). Storage furniture, shelving, or other items are not permitted and should be kept in designated storage units (arrecadações).
7. Gas Cylinder Storage
The storage of gas cylinders in garages or basements is prohibited. They may only be stored inside the dwelling.
8. Electric Vehicle Charging
The use of communal electricity for personal charging is not permitted.
Post-2010 buildings must be equipped with infrastructure to enable private charging points.
Pre-2010 buildings allow owners to install charging points at their own expense, subject to at least 30 days’ prior written notice to the administrator.
The condominium may only refuse installation in specific cases, such as safety risks, existing shared facilities, or approved plans for a shared charging system.
9. Use of Communal Water for vehicle washing
Communal water supplies are for shared services only (e.g., garden irrigation, cleaning). Personal use, such as washing vehicles, is prohibited. The condominium regulations should define penalties for violations.
10. Expenses for Garage Owners Without Building Access
Owners of garages without access to the building’s interior are exempt from paying for services they cannot use (e.g., elevators, stair cleaning) but must contribute to expenses benefiting the whole property (e.g., roof repairs).
We recommend Members review their property deeds and the condominium regulations, to better understand your rights and duties. You should communicate issues promptly to the administrator, support the adoption and enforcement of clear, written internal regulations and engage in constructive dialogue to resolve disputes before resorting to legal action.
Disclaimer
afpop considers in good faith that all the information provided is true and accurate after having endeavoured to so confirm to the best of its ability. However, afpop is not qualified to render any technical advice, recommendation or information, nor is it under any legal duty to do so. Therefore, afpop declines any responsibility for possible damages arising directly or indirectly to members or non-members from alleged incorrect or misleading advice, recommendation or information and strongly advises all members to seek always the services of qualified practitioners and/or professionals for any technical matters, such practitioners and/or professionals being exclusively responsible for possible damages arising from their activity, including their technical opinions that may be inserted in our publications.