Real Right to Durable Housing

Real Right to Durable Housing

Decree-Law 1/2020 was published on 09 January and creates the real right to durable housing under the New Generation of Housing Policies, which intends to respond to the new housing environment.

The real right to durable housing allows one person or more to live permanently and for life in someone else’s house as their own by paying the owner an initial security deposit and monthly payments.

This new right emerges as an alternative to home ownership or rental solutions. It is a right constituted by the owner in favor of one person or more, who acquire the quality of residents, upon prior assessment of the state of conservation of the house promoted by the same owner.

Decree-Law 1/2020 sets out some obligations of the owner:

  • To ensure that the house is delivered to the resident in a minimum state of conservation;
  • To pay, in the housing part, the costs of works and other charges related to the

common parts of the building and, in the case of horizontal real property, to pay the contributions and fulfill the other obligations;

  • Undertake and bear the cost of extraordinary conservation works on housing, unless

if existing anomalies result from unlawful acts and / or non-compliance by the resident.

It is also established a range of obligations of the resident, of which we highlight:

  • To use housing only for permanent residence;
  • To pay the municipal taxes and give the property owner the amounts related to the Municipal Property Tax;
  • To undertake and bear the cost of ordinary conservation work on housing.

 

Decree-Law 1/2020 came into force on 10 January 2020.

Nuno Nogueira Pinto

Nuno Nogueira Pinto

Lawyer

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