Horizontal property (propriedade horizontal)
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Propriedade horizontal is the regime in which a building is divided into independent units, each with its own owner, and common parts that belong to all.
Propriedade horizontal is the regime of most blocks of flats (comparable to condominium or strata title). The parts of a building that can form independent units may belong to different owners (Civil Code, article 1414).
It is created by a constituting deed, which individualises each and gives it a relative value as a percentage or per-mille share. The deed may also state the purpose of each unit and include condominium rules (article 1418).
Each owner has exclusive ownership of their unit and co-ownership of the common parts. The two rights are inseparable, and nobody can give up the common parts to stop paying the expenses (article 1420).
Example
Illustrative example: a three-storey building belongs to one person and is not under horizontal property. Legally it is a single property: 'the second floor' cannot be sold. Once horizontal property is constituted, units A, B and C exist, and each can be sold, mortgaged or seized separately.
In practice, at an auction
Check on the whether the building is under horizontal property. If it is not and the listing mentions a 'floor', what is for sale may be the whole building or an of it.
The purpose stated in the constituting deed counts: a unit intended for commerce does not become housing just because it has been used that way.
On condominium debts, article 1424-A provides that liability depends on when they should have been paid, and that charges falling due after the transfer are for the new owner. Ask the building's management what is owed and see .