CHANGE IN BUILDING FACADE

If there is a subject that always causes controversy in condominiums, that subject is the modification of facades.

The main reason is the fact that the owners imagine they have complete autonomy to make any changes in the private area of their own property. But not quite.

Legislation does not guarantee this freedom. Modifications that alter the facade are prohibited by law, even if carried out inside the apartment. And they can be executed only after the authorization of the other tenants and the registration in the condominium convention.

What constitutes a façade change and in which cases there is an exception.

There are two laws that determine the prohibition of making changes to the facade of the condominium. The first is the Civil Code, article 1,336, which establishes that it is the duty of the owner to not change the shape of the building’s facade and external frames.

The second is Law 4,591 / 64, known as the Condominium Law, which expressly prohibits “altering the external form of the facade”, making any modification subject to the approval of the tenants.

Therefore, this area of the apartment is not a private area. It is considered a part of the common area of the building. Thus, even if the owner of the property, the resident cannot carry out any type of renovation that aesthetically compromises the building’s facade.

This rule has the objective of guaranteeing the harmony and aesthetics of the construction, which greatly influences the appreciation of the buildings in general.

The entire area that is visible from the outside of the building must also be preserved. It is not allowed to close with bars or glass, install awnings, ceilings, antennas or air conditioning devices, change the door, and not even change the color of the walls. On balconies, the use of temporary elements, such as clotheslines, is also prohibited.

Are there alternatives?

Yes. There is a way to release certain changes, through the authorization of the tenants.

According to the legislation, approval by the Assembly and registration in the Condominium Convention are required. In this way, the approved change becomes part of the new building standard, which can be adopted in all units.

Façade changes can be made with a little more freedom when they are related to the safety of the apartment’s residents. This is the case with protective screens, for example, which can be installed without the need for prior approval.

And, of course, it is also important to pay attention to the care in relation to waterproofing. Especially with balconies open or exposed to bad weather, which can suffer from infiltration.

When waterproofing, evolve your work with DRYKO products

Talk to your supervisor and ask for inspections from time to time to avoid the damage that moisture can cause. Prevention is much better than fixing.