Specifics of the registration of apartments or premises that form part or a building
1. With respect to the registration of the apartments of the condominium: are there any specific formal characteristics of the registration related to the condominium or any characteristics that indicate that such apartments are subjected to a condominium, such as a formal statement, a number or other sign in the condominium or the corresponding share related to each apartment??
In Portugal there are specific formal characteristics for the registration related to the condominium and the land registry publicizes clearly which apartments are subjected to this regime.
Whenever an inscription of horizontal property is made in the sheet of a building (descrição genérica), a new sheet for each unit or apartment (descrição subordinada) must be associated to it and will remain associated (Article 81/1 LRC).
The identification of the unit in the LR is the number of the building and the letter which identifies the unit (Article 83/1/a) LRC).
In the sheet of the unit is mentioned a coordinate reference to the horizontal property inscription in the building land registry sheet.
Pursuant to paragraph 1 of Article 62 of the Notary Code, any instrument by which property rights are conveyed or charges are imposed on units in buildings in condominium cannot be made without mention at the deed of the inscription of this regime at LR.
2. Anyway, does registration of the apartment include the share of the apartment related to the global condominium??
In the inscription of incorporation of condominium in the building are mentioned: the relative value of each unit (share), expressed as a percentage or per thousand, the existence of regulation, if it is listed in the deed, and the rights of the owners specifically regulated in this way (subparagraph q) paragraph 1 Article 95 of the LRC).
In the registry of the unit is mentioned a coordinate reference to the horizontal property inscription which is made in the building land registry sheet.
3. What type of relationship is there between the registration of the building and the registrations of the apartments? Are the building and the apartments in absolutely separated registrations, with no connection at all?
The registration of the building and the registrations of the apartments or units are connected by a coordinated reference in the unit registry to the inscription at the building registry.
Whenever information or a certificate of the unit is requested both land registry sheets (of the building and of the unit) must be presented simultaneously.
4. Which physical data of the apartments are usually collected in the registration to describe the property? (Floor or storey where located, surface, boundaries, access, rooms, postal address, cadastral code).
According to Article 83 of the LRC, the registry of each unit should contain:
- The number of the description of the building, followed by the letter or letters of the unit, by alphabetical order.
- The particulars needed to identify the fraction (eg. the floor where it is located, if it has storage or parking place).
- The destination (residential, commercial, etc.) if mentioned in the title.
The address, the boundaries of the building (including the area) and the reference number of tax identification (equivalent to the cadastral code for urban properties) are mentioned in the registry of the building, which is always connected to the registry of the units.
5. If registrations in your system refer to a plan or to the cadastral map, how (if at all) does the plan show the position (horizontal and vertical) of the apartment within the building?
Not applicable.
