I. INTRODUCTION

On August 5, 2025, Law No. 57/X/2025 was published, amending the legal regime of horizontal property, to adapt it to the current urban, social, and economic reality, promoting greater efficiency, accessibility, and legal certainty.

Law No. 57/X/2025 entered into force on August 6, 2025, and provides for:

• Amendments to the Civil Code (horizontal property regime)
• Second amendment to the Notary Code
• Third amendment to the Land Registry Code
• Second amendment to the Legal Framework for Urban Development Operations

II. MAIN AMENDMENTS INTRODUCED

Without prejudice to the fact that Law No. 57/X/2025 encompasses several measures and changes to the existing legal framework, we highlight the following amendments:

• Incorporation of horizontal property – Rural and mixed properties, as well as buildings to be constructed or under construction, may only be subject to horizontal property based on subdivision, urbanization, infrastructure, or construction plans or projects, previously approved by the competent authorities and registered at the land registry office for their location, in accordance with applicable laws and regulations.
• Incorporation Title – Acts for the incorporation of horizontal property in rural, mixed, or to-be-constructed/under-construction buildings, as well as amendments to the respective incorporation title, may be executed through a private authenticated document, prepared and signed in accordance with the applicable substantive law, and accompanied by a certificate issued by the competent municipal authority confirming compliance with the approved project.
• Amendment of the incorporation title – The amendment of the incorporation title may now be approved by an absolute majority of co-owners, instead of the unanimity previously required.
• Merging Units – The merge of two or more units of the same building into a single unit does not require authorization from the other co-owners, provided that: (i) they are contiguous; (ii) the merge does not alter the building’s structure; (iii) the merge does not change the total taxable value and the proportional miles rate of each unit, or does not result in increased condominium expenses for other co-owners; and (iv) the merge is authorized by the competent municipal authority based on a merge project, which must include a technical opinion on structural impact and changes to common areas, as well as a review and redistribution of condominium expenses.
• Works for Reduced Mobility – Co-owners with reduced mobility (or who live with people in such conditions) may install ramps, lifts, or platforms in common areas, upon prior notification to the condominium administrator and in compliance with the technical accessibility standards provided for in specific legislation.
• Management and Co-owners’ Assembly – A clearer framework is established for the powers and duties of the condominium administrator; assembly meetings may be convened through electronic means, and a new regime regarding resolutions is introduced.

III. AMENDMENTS TO RELATED LAWS

Notary Code

Allows for the incorporation and amendment of horizontal property through a privately authenticated document.

Land Registry Code

Adapts registration procedures to the new possibility of pre-construction incorporation, allowing provisional registration of autonomous units based on the approved project.

Legal Framework for Urban Development Operations

Article 55 is amended to allow for the independent licensing of units even if the building has not yet been formally incorporated as horizontal property, provided that the common areas are completed and fit for use.

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