Construction work in condominiums is an inevitable reality in the management of buildings under horizontal property regimes1. Whether to ensure the maintenance of common areas, to respond to emergencies, or to introduce improvements that increase the value of the estate, it is important that all residents understand how this process works, as well as their rights and responsibilities.

The works can be divided into three main categories: maintenance works, which aim to preserve the good condition of the building and include interventions such as roof repairs, painting, and lift renovation; innovation works, which alter the characteristics of the building, such as the installation of solar energy systems or the construction of a swimming pool; and, finally, works considered urgent, which cannot wait for formal approval due to immediate risks, such as serious leaks or structural damage.

The works' approval depends on their type and impact. For maintenance works, a simple majority of votes from the residents is usually sufficient, while renovation works require more comprehensive approval, normally two-thirds of the total value of the building, calculated by the units' permillage. In emergency situations, any resident may initiate the works but must immediately inform the administrator so that the decision can then be ratified at a collective assembly.

As for costs, these are generally divided according to the proportionate value of each unit in the condominium, known as the permillage criterion2. Thus, those who own a larger or better-located flat contribute proportionally to the payment works. However, residents may agree among themselves on other criteria for dividing costs, as long as there is express consensus at a general assembly.

It is important to distinguish between the common and private parts of the building. Works in common areas are the responsibility of the condominium and are the responsibility of all unit owners, while interventions inside the units are the sole responsibility of their owners, except when they result from problems originating in the common areas. In addition, some types of works, especially those that alter the façade, structure or usable area of the building, require municipal licensing, making it essential for the condominium administrator to supervise them to ensure that everything is carried out legally.

Lastly, if any resident disagrees with a legally approved project, they have the right to challenge that decision in court within 60 days of the assembly. However, if the project complies with all legal procedures and respects the rights of the residents, it is unlikely that the opposition will be successful. To ensure that the works are carried out fairly, efficiently and without unnecessary conflict between residents, there must be transparency, constant communication and detailed documentation of the process.

1 Horizontal property: a legal regime that allows a building to be divided into separate, privately owned units (like apartments or floors) while sharing ownership of common areas (like land, hallways, and structural components).
2 Permillage: refers to a proportion per thousand used to determine an owner's share of common expenses in condominiums.
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