What Does the Duty Entail?
Property owners must perform maintenance every 8 years to preserve the building’s original construction or reconstruction conditions, including restoration and cleaning (ordinary maintenance). Owners must also ensure ongoing safety, hygiene, and aesthetics through extraordinary works.
A parallel prohibition exists against building deterioration: owners or third parties cannot cause or aggravate safety/hygiene issues or aesthetic damage. Deterioration is presumed in cases like partial vacancy or missing exterior cladding (e.g., tiles).
This obligation falls solely on the owner by virtue of ownership; upon sale, it transfers to the buyer.
Reporting Lack of Maintenance
Parish Council Presidents (Juntas de Freguesia) must notify municipalities of degraded or collapse-risk buildings, facing mandate loss for non-compliance. Municipal inspectors monitor buildings, and citizens can report to City Councils, Public Prosecutor’s Office, or other entities free of charge.
Consequences of Non-Compliance
City Councils can order ordinary/extraordinary works post-inspection, including demolition if collapse or health risks arise. Injunctions are recorded on the building’s permanent certificate. Non-compliant owners face coercive execution, cost recovery, forced leasing, public auction sales, or expropriation. Violations lead to fines, subsidy bans, IMI tax hikes, and disobedience crimes.
Advantages of Compliance
Avoid sanctions and gain tax benefits: 3-year IMI exemption, reduced VAT on works, IMT exemption, and IRS deductions.
Interaction with Urban Leasing
Landlords handle ordinary/extraordinary maintenance in residential leases; tenants may perform/reclaim costs by agreement or urgency. Commercial leases allocate via contract. Tenants can request urgent inspections (within 20 days) or injunctions against non-compliant landlords (post-2019 reforms), though reports to authorities remain free and accessible.
Tiago Miranda | [email protected]
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