Lei 8/2022 Portugal Condominiums: What Changed and How It Affects Your Community
Lei 8/2022 of 10 January 2022 was the most significant reform of Portugal's horizontal property law since Decree-Law 268/94 in 1994. If you own or manage a condominium in Portugal, you need to understand the 7 key changes that directly affect daily management, assemblies and the relationship between owners and administrators. This guide explains each change with the exact legal articles.
Lei n.º 8/2022 of 10 January: Amends the Portuguese Civil Code (Arts. 1414.º to 1438.º-A) and Decree-Law 268/94 governing the horizontal property regime. Came into force on 10 April 2022 (90 days after publication). Mandatory application to all condominiums in Portugal regardless of when they were established.
10%
"Mandatory minimum percentage of the ordinary budget that each unit must contribute to the condominium's reserve fund, reinforced by Lei 8/2022. Condominiums that fail to comply face civil liability exposure."
— Lei 8/2022, amendment to Art. 4.º DL 268/94
What is Lei 8/2022 and why does it matter?
Lei 8/2022 is the first major reform of the Portuguese horizontal property regime since Decree-Law 268/94 nearly 30 years ago. The aim was to modernise the legal framework: digitalise communications, introduce new forms of assembly, simplify debt recovery and reinforce the mandatory reserve fund.
What are the 7 most important changes introduced by Lei 8/2022?
Reinforced mandatory reserve fund — minimum 10%
Before Lei 8/2022, the reserve fund could be waived by assembly resolution. The new law makes it compulsory: each unit must contribute at least 10% of its share of the ordinary budget. The fund is earmarked exclusively for conservation and maintenance works.
Urgent works without prior assembly approval
The administrator may now commission urgent conservation works (roof repair after a storm, lift breakdown with safety risk) without prior assembly approval. They must convene a ratification assembly within 10 days of completing the works.
Email communications officially recognised
Lei 8/2022 recognises email as a valid communication channel between the administrator and owners, provided the owner has expressly declared their email address for this purpose. Simplifies assembly notices and debt notifications.
Mandatory condominium regulations
The law reinforces the obligation to have condominium regulations. Buildings without regulations must approve them at an assembly and register them at the land registry. The regulations define rules for use of common areas.
Simplified debt recovery
The law clarifies the debt recovery process: the condominium may use the injunction procedure (DL 269/98) without needing prior assembly approval for each individual case. The administrator may act directly after notifying the defaulting owner.
Updated quorum rules
The law simplifies quorum requirements: at the second call, the assembly may pass resolutions with any number of owners present (previously required 1/4 of total value). Reduces deadlock from absent or disengaged owners.
Clearer timeframes for challenging decisions
The law clarifies challenge periods: 60 days for voidable decisions and 10 years for null decisions. Proceedings are brought at the competent court for the building's location. Owners may act without a solicitor for amounts below the minor courts threshold (€5,000).
What should your condominium do now to comply with Lei 8/2022?
Lei 8/2022 compliance checklist
- Verify the reserve fund is at least 10% of each unit's share of the ordinary budget
- Approve and register the condominium regulations if they do not yet exist
- Collect email addresses from owners who wish to receive electronic communications
- Review statutes and update clauses incompatible with the new law
- Verify the condominium's bank account is separate from the administrator's funds
- Prepare the certidão de dívida procedure for property transfers (mandatory at notarial acts)
How does IgeraFincas help with Lei 8/2022 compliance?
IgeraFincas implemented all Lei 8/2022 requirements from the first day: automatically generates the certidão de dívida for property transfers, calculates the mandatory reserve fund for each unit, supports legally valid email assembly notices, and enables video conference assemblies natively. The administrator no longer needs to manually verify compliance with each legal requirement — IgeraFincas handles it automatically.
Questions about Lei 8/2022 for your Portuguese condominium?
IgeraFincas answers from the Portuguese Civil Code and Lei 8/2022 — with the exact article cited, in seconds, in English.
Try IgeraFincas free 14 daysFrequently asked questions about Lei 8/2022
Does Lei 8/2022 apply to condominiums with pre-2022 statutes?
Yes. Lei 8/2022 applies to all condominiums in Portugal regardless of when they were established. Statutory clauses that contradict the new law are automatically without effect.
What is the certidão de dívida and when is it required?
The certidão de dívida is a certificate issued by the administrator confirming whether the unit has any outstanding debts to the condominium. It is mandatory at notarial deeds for property transfers (sale and purchase). Outstanding debts are registered and may be transferred to the buyer or deducted from the sale price.
Can a defaulting owner vote at the assembly?
Defaulting owners retain voting restrictions: they cannot vote on general matters, but may vote on issues of fees and urgent works that directly affect them. This restriction is maintained in Lei 8/2022.
Can an assembly be held entirely by video conference?
Yes, since Lei 8/2022. The assembly may be held wholly or partly by video conference. Owners who request it have the right to participate remotely. The administrator must ensure all owners have effective access to the video conference.
When must the annual assembly be held after Lei 8/2022?
Lei 8/2022 shortened the deadline for holding the annual ordinary assembly: it must now be held in the first 6 months of the year (previously 12 months from the end of the financial year). The administrator must give at least 10 days' notice.
Does IgeraFincas automate Lei 8/2022 compliance?
Yes. IgeraFincas automatically implements all Lei 8/2022 obligations: reserve fund calculation, certidões de dívida, email notices, video conference assemblies and challenge period tracking. The administrator no longer needs to manually verify each legal requirement.
Last updated: June 2026 · Sources: Lei n.º 8/2022 of 10 January; Portuguese Civil Code Arts. 1414.º–1438.º-A; Decree-Law 268/94; Decree-Law 269/98 · Editorial team: Igera Solutions · This article does not constitute legal advice.