THE ESSENTIALS
Before you start
- The primary duty to insure rests with unit owners.
- Article 1429 provides for administrator intervention subject to its conditions.
- Gather the deadline, agreed amount and evidence before acting.
The rule and its conditions
Article 1429 of Portugal's Civil Code requires fire insurance for a building under the horizontal-property regime, including units and common parts. It provides for the administrator to arrange insurance when owners have not done so within the period and for the amount set by the assembly, with the right to recover the premium.
The Porto Court of Appeal judgment of 4 June 2024 distinguishes owners' primary duty from the building community's supplementary duty. A summary does not replace consideration of the particular circumstances.
Sources: Diário da República — Código Civil, artigo 1429.º ↗ · Tribunal da Relação do Porto — Acórdão de 04/06/2024, processo 3624/21.9T8MTS.P2 ↗
Missing evidence is not yet a conclusion
Our suggested unit-by-unit list has «documents received», «clarification requested» and «position to confirm». Avoid a single yes/no insurance column while evidence is incomplete.
Fictional example: an owner mentions a mortgage-linked multi-risk policy but supplies only a payment reference. Request documents allowing the risk, property, amount and period to be checked, rather than inferring cover from the bank's name.
Keep the resolution with the documents
Store the minutes setting the period and amount alongside requests and replies. Distinguish the date documents were requested from the date insurance should have been arranged.
If a collective policy exists, ask which units and common parts it includes. Record differences for review instead of assuming individual and collective contracts are equivalent.
Prepare an evidenced next step
Once the facts are established, use the documents to assess the intervention provided for by law. Obtain legal support if the resolution or premium allocation is disputed.
RMACHADO can help gather quotation information and explain an insurance proposal. This guide does not determine individual non-compliance or replace examination of the resolution and contracts.
KEEP THESE QUESTIONS
Your checklist for the next conversation
- Gather minutes stating the period and amount.
- Request evidence for units still to confirm.
- Check property, common parts, amount and policy period.
- Keep requests, replies and documents in the building file.
FROM THE ARTICLE TO YOUR SITUATION
Let us discuss your situation
Tell us what you want to protect. We review your request and help compare relevant terms. Requesting a quotation does not activate insurance.
Sources and transparency
Content updated on .
Consultation dates are stated in individual references when available.
Numerical examples are fictional and explain concepts. Editorial interpretations are identified in the text.
- Diário da República — Código Civil, artigo 1429.º ↗
- Tribunal da Relação do Porto — Acórdão de 04/06/2024, processo 3624/21.9T8MTS.P2 ↗
Information from RMACHADO GROUP. This is not an insurance offer or individual advice. Covers, acceptance, exclusions, sums insured and costs depend on the policy. The intermediary does not underwrite the risks.