A building is considered to be in a horizontal property regime (regime de propriedade horizontal), when it is divided into independent and isolated units/fraction (apartments) and has an exit to a common part of the building or public street.
If the fractions belong to different owners, we are facing a condominium.
The co-owner is the exclusive owner of one fraction of the building (apartment), as well as of the common parts of the building.
The following parts of the building are common:
– soil, as well as foundations, columns, pillars, master walls and all the other parts that make up the structure of the building
– the roof or roof terraces, although intended for use of any fraction
– entrances, halls, stairways and corridors or common passageways for two or more co-owners
– general facilities of water, electricity, heating, air conditioning, gas, communications and the like.
Further aereas assumed to be common are:
– yards and gardens attached to the building
– housing for the building´s caretaker
– garages and other parking facilities
– In general, all things that are not restricted to the exclusive use of one of the owners.
The co-owners, in their relationship, are subject to the imposed limitations concerning their own fractions as well as the common spaces of the condominium.