In buildings under horizontal property regime, commonly known as condominiums, the constitutive title may contain, among other specifications, each autonomous fraction or common part of the building purposes, as well as a regulation on the respective use, fruition and maintenance (article 1418 of the Civil Code).

Recently, the Supreme Court of Justice (STJ) issued a judgement (4/2022 of 10 May) that standardizes jurisprudence in the sense of determining that an autonomous fraction destined to habitation, under the terms of the respective constitutive title, cannot be used for local accommodation", putting an end to the polemic generated by two contradictory judgements issued by the STJ at different moments.

What are the main highlights of this decision?

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