Use licences: what to check

The document’s name depends on the property’s history

A use licence or authorisation is a municipal document relating to the permitted use of a building or unit. You may find one in an older file. Under more recent procedures, use may instead rest on other documents provided for in Portugal’s urban development and building regime, the RJUE.

The useful question is therefore not simply “does it have a licence?”. Ask the seller for the document supporting the current use, the municipal file reference and the corresponding plans. An old licence does not, by itself, confirm that every later alteration complies with the rules.

Licence, submitted documents or exemption

Under the rules applicable on 17 September 2026, use following works subject to prior control may follow Article 62-A. This involves submitting the works director’s or supervising director’s statement of responsibility to the municipality, together with final plans where the project changed. Request these documents and proof of submission.

Changes of use without works subject to prior control follow a different procedure, involving prior notification with a waiting period. Do not confuse a receipt for any application with completion of the procedure applicable to the property.

If the seller claims an exemption, request its legal basis and appropriate municipal evidence. The building’s age needs checking, including later extensions or alterations. Saying “it predates 1951” should not replace examination of the circumstances and documents.

A legislative transition is approaching. The general commencement of Decree-Law 108/2026 was postponed until 1 October 2026 by Decree-Law 155-B/2026. Do not apply the new planning-title rules in advance. Confirm with the municipality which regime and transitional provisions apply to the particular file.

Where to request documents and how to compare them

Start with the seller’s documents. If information is missing, ask the relevant municipal planning department how to inspect the file or obtain copies and certificates. Check access requirements and whether the owner must participate or authorise access.

Compare the address, unit identification, use and plans with the home you visited. A unit designated for commercial use does not become a dwelling simply because it contains a kitchen and bed. A garage, storage room or attic does not automatically acquire residential use either.

Also look at outbuildings, swimming pools, enclosed balconies and added floor area. A discrepancy should be explained through documents and, when necessary, by a qualified architect or engineer. Not every difference means illegality, but do not leave it unexplained.

Simplex does not legalise building works

Simplified procedures and fewer documents required at transfer do not automatically regularise non-compliant construction or use. Being able to complete a purchase is not equivalent to municipal confirmation of legality.

The property tax record provides tax information. The permanent land registration certificate provides registration information. Neither, on its own, replaces planning checks.

Be wary of “guaranteed legalisation” without examination of the file. If someone provides only a regularisation application, check its status and which decisions remain outstanding.

Before signing

Resolve any material uncertainty before the promissory sale agreement and deposit. Have the required documents, responsibility for resolving discrepancies and consequences of an agreed condition not being met set out in writing. Keep the responses and plans on which your decision rests, not just the listing.