Condominium Charges Declaration

Condominium Charges Declaration (Declaração de Encargos do Condomínio)

What Is It?

The Condominium Charges Declaration (Declaração de Encargos do Condomínio) is a mandatory document issued by the condominium administrator confirming:

• whether the property has any outstanding condominium debts, and

• which current or future building-related expenses are linked to the unit.

This includes unpaid monthly condominium fees, reserve fund contributions, and any extraordinary works already approved by the condominium assembly.

Following the introduction of Law no. 8/2022, this document became a compulsory legal safeguard designed to prevent buyers from unknowingly inheriting debts from the previous owner.

Why Is It Important?

Clear Allocation of Responsibility
As a general rule:

• the seller is responsible for all condominium charges due up to the date of sale;

• the buyer becomes responsible only for charges falling due after ownership transfer.

Required for Completion
Since 2022, the final deed (Escritura) should not proceed without this declaration being presented, unless the buyer explicitly agrees to waive it.

Buyer Protection
The document ensures the new owner does not become liable for:

• overdue condominium fees,

• unpaid reserve fund contributions,

• or building works approved before the purchase but still being paid in instalments.

Who Requests It?

The declaration must be requested by the seller from the condominium administrator — either a professional management company or a resident acting as administrator.

Legal deadline:
The administrator has 10 consecutive days to issue the document after receiving the request.

What Information Does It Include?

The declaration must state:

• identification of the property unit,

• current condominium fees and ongoing charges,

• existence of any outstanding debts, including amounts and payment deadlines,

• approved extraordinary works and future financial obligations linked to the property.

Cost

Legally, issuing the declaration forms part of the administrator’s duties.

In practice, condominium management companies often charge an administrative fee, typically between €20 and €50.

Important Warning — Waiving the Declaration

The buyer may formally waive this document at the time of signing the Escritura.

However, doing so transfers the risk entirely to the buyer, who may later become responsible for existing condominium debts.

Practical rule:
This declaration should only be waived with full certainty regarding the building’s financial situation.