Insights
Building next to the railway: railway easements and the new Level Crossing Regulation
The plot is a good size, it is close to the station and the price seems fair. On the other side of the boundary runs the railway line, and access is by a level crossing. For anyone buying, designing or planning to subdivide, this neighbour is no minor detail: the railway brings easements that take away buildable area, restrict walls, trees and excavations and, from 2027, may pass the cost of a grade-separated crossing on to the developer.
The subject has become topical. Decree-Law No. 183/2026 of 16 September approves a new legal regime for level crossings (passagens de nível, PN) and a new Level Crossing Regulation (Regulamento de Passagens de Nível, RPN), repeals Decree-Law No. 568/99 and comes into force on 1 March 2027 (the first day of the sixth month after publication). Until then, the previous regime applies. The general easements relating to proximity to the line still derive from Decree-Law No. 276/2003 of 4 November, the regime governing assets in the railway public domain (domínio público ferroviário).
Two layers of constraints
Anyone assessing a property next to the railway should look at two distinct layers:
- proximity to the railway line, at any point along its route, governed by Decree-Law No. 276/2003: non aedificandi zones, prohibited activities and obligations of adjoining or neighbouring owners;
- proximity to a level crossing, governed by the new regime of Decree-Law No. 183/2026 from 1 March 2027: visibility, access, private crossings and obligations for those who develop land.
On top of these come the rules of the municipal master plan (PDM), which often delimits infrastructure corridors (espaços-canal) for railway infrastructure, and any other easements affecting the property. That is why, in the feasibility analysis we describe in the article on buying land to build, the railway line should be identified on the very first visit.
Non aedificandi zones next to the railway line
Article 15 of Decree-Law No. 276/2003 prohibits the following on land adjoining or near railway lines, branch lines and other railway installations where justified, such as electric traction substations:
- constructions, buildings, embankments, material stockpiles or tree planting less than 10 metres away;
- excavations, whatever their depth, less than 5 metres from the railway line.
The distances grow with the size of what is planned. If the construction, embankment or tree is, actually or potentially, more than 10 metres high, the distance to be kept is the sum of its height and those 10 metres. If the line runs on an embankment, excavation may only take place at one and a half times the height of that embankment, and excavations more than 5 metres deep require a distance equal to the sum of their depth and those 5 metres. On lines with speeds of 220 km/h or more, the limits are set by order (despacho) and may never be less than 25 metres.
Article 16 adds prohibited activities: lights or reflectors that could be mistaken for railway signals, activities involving smoke, toxic gases or a risk of fire or explosion, discharges into the railway's drainage systems, and industrial activities less than 40 metres away. The adjoining owner may ask the rail regulator to reduce these obligations, with a favourable opinion from the infrastructure manager, where this does not reduce safety (Article 14).
A practical point: the railway strip itself has limits defined by Article 11 (the edges of cuttings or embankments or, where there are no such references, 1.5 metres beyond the outer rails), and building or planting next to the line before the strip has been delimited is in itself an administrative offence. Breaching the non aedificandi zones is punishable by a fine of 500 to 3,740 euros for individuals and 1,500 to 44,800 euros for legal persons, and may lead to enforced demolition at the owner's expense (Articles 18 and 34).
The new Level Crossing Regulation
The preamble to Decree-Law No. 183/2026 is clear about its motivation: level crossings remain one of the most critical points in railway operation, and accident rates depend not only on the equipment but also on user behaviour and on the surrounding road and urban environment. The new regime replaces an approach centred on the number of level crossings with one based on risk management. For those who build, four rules stand out.
- No new level crossings. New roads must cross railway lines at a different level. Only exceptionally may the railway infrastructure manager issue a precarious (revocable) licence for an at-grade crossing, for a period never exceeding three years and not renewable, subject to a risk analysis, favourable opinions from the national railway and road safety authorities, a security deposit and all costs borne by the holder (Article 3).
- Programmed closure. A closure programme, with a time horizon of no more than five years, covers level crossings that meet at least one of several conditions (Article 5), including: two or more significant accidents in the last five calendar years; average daily road or pedestrian traffic above 2,000; a traffic moment (the product of rail traffic and road or pedestrian traffic) above 24,000; a crossing over more than two railway tracks; an unacceptable level of risk (for example, because of nearby hospitals, schools or logistics hubs); or a location less than 700 metres from another crossing (350 metres for pedestrian crossings) without connecting paths. Level crossings are prohibited where trains can run at more than 140 km/h.
- Road upgrades. When a road crossing the line is rebuilt or upgraded, the level crossing must be replaced by a grade-separated crossing if the forecast traffic exceeds the legal thresholds, and the design in the approach zone to the level crossing requires a prior binding opinion from the railway infrastructure manager (Article 12).
- Obligation for those who develop land, the rule with the greatest impact on real estate, explained below.
Subdividing or building near a level crossing: who pays for the grade-separated crossing
Article 10 of Decree-Law No. 183/2026 provides that carrying out subdivision operations (loteamento), building or developing public-use facilities near level crossings, or any constructions which, because of their size, location, expected number of users or other circumstances, may increase the level of risk at local level crossings, requires the construction of grade-separated crossings and the closure of the existing level crossings, whenever access to those developments is through those crossings. The costs are borne by the party promoting the urban development operation.
In practice, a subdivision, a school, a retail park or a tourism development whose access depends on a level crossing may have to include a bridge or an underpass in its budget. The law does not set a distance or a number of users above which the obligation applies: the test is the increase in risk at the level crossing and the fact that access depends on it. The question should therefore be raised early, ideally in a prior information request (pedido de informação prévia, PIP) and in contact with Infraestruturas de Portugal, before completing the land purchase or finalising the development programme. Decree-Law No. 183/2026 contains no specific transitional provision for urban development operations already under way. As a precaution, we recommend that projects whose licensing or execution will run beyond 1 March 2027 be planned with this rule already in mind.
Visibility zone and access next to level crossings
Next to passive level crossings, meaning those without barriers or signals triggered by an approaching train, the new Regulation imposes a visibility zone (Articles 7 and 8 of the RPN). It is formed by four triangles, two on each side of the line, sized on the basis of the minimum sight distance, which is obtained by multiplying the maximum train speed at that point by a coefficient: 3.5 for road level crossings. For a speed of 100 km/h, the minimum visibility along the track is 350 metres in each direction.
Within that zone, the owners or occupiers of adjoining properties may not plant trees or other vegetation, build walls or buildings, carry out excavations or embankments, or place equipment or obstacles. The infrastructure manager may order the demolition of unauthorised works, the cutting of vegetation or the removal of obstacles, to be carried out within 30 days (60 days for demolitions); if the owner fails to do so, the manager carries out the work and the cost is recovered with the force of an enforceable title. Where the manager itself needs to demolish or cut back to bring visibility into line with the new rules, it must give at least 20 days' notice and compensate the holders of the rights affected.
There are also rules that shape the design of accesses. The access zone to the level crossing generally covers the 50 metres of road on each side of the track (25 metres where the road speed does not exceed 50 km/h), and users may not use the inside of the level crossing to drive into adjacent establishments, homes, car parks or other facilities without the manager's written authorisation, nor park in the access zone (Article 25 of the RPN). A garage door or car park entrance right up against the level crossing is therefore a poor design solution.
Private level crossings
Many rural properties crossed by the line still depend on a private level crossing. The new Regulation (Articles 27 to 33) recognises two titles: a crossing licence issued by the infrastructure manager, always precarious, for a maximum of five years, extendable, subject to a fee and to a security deposit or civil liability insurance; or a proven easement right, created when the railway was built.
In both cases, the safety, maintenance and repair works that the manager considers necessary are at the holder's expense; on licensed crossings, they may only be carried out by a company with the competence defined by the manager, with its prior authorisation and under its supervision. The crossing must be kept closed with a padlock or similar device (with active protection where trains run at more than 120 km/h). The title is extinguished, and the level crossing is closed immediately, where an alternative access exists and the crossing is less than 700 metres from another crossing (350 metres if it is a pedestrian crossing), where the holder fails to comply with the licence or the works ordered, and also where the dominant property is subdivided or developed, except for the part that still needs the easement. Starting works without the manager's authorisation is an administrative offence, with a fine of 165 to 3,500 euros for individuals and 5,000 to 40,000 euros for legal persons (Article 41 of the RPN).
How these constraints enter the design
In licensing, railway easements are not a side issue. From 1 October 2026, the design statement (memória descritiva) required by Portaria No. 320/2026/1 must identify each administrative easement and public utility restriction affecting the operation and demonstrate that the proposal complies with each one, expressly citing the legislation that provides for it (Annex V, point 9(e)). The opinions of external entities required because of the location follow the RJUE regime, which we explain in the article on the RJUE amendments of 1 October 2026, and the application documents are described in our guide to the documents needed to license building works.
For buyers, the checks involve confirming on the PDM constraints plan (planta de condicionantes; see the article on the PDM and rural land) whether there are infrastructure corridors or railway easements, measuring on site the distances to the line and to the limits of the railway strip, identifying the type of level crossing that serves the property and its title, and assessing whether the intended programme could increase the risk at that crossing. The logic is similar to that of the protection strips we analysed in the article on building next to the forest: the easement can take away a significant part of the area that seemed buildable.
Frequent mistakes and risks
- calculating the building footprint without deducting the 10 metres from the railway line, or more when the building is tall;
- planting a hedge or putting up a wall in the visibility zone of an unprotected level crossing;
- designing the garage or car park entrance to open directly onto the level crossing;
- relying on a private level crossing to serve a subdivision or a tourism development;
- leaving the question of access through a level crossing until the end of licensing, when the cost of a grade-separated crossing may make the operation unviable;
- assuming that the new regime already applies, or that it will never apply: Decree-Law No. 568/99 remains in force until 28 February 2027, and Decree-Law No. 183/2026 applies from 1 March 2027.
Frequently asked questions
How far from the railway line can I build?
On land adjoining or near the railway line, Article 15 of Decree-Law No. 276/2003 prohibits constructions, buildings, embankments, material stockpiles and tree planting less than 10 metres away, and excavations less than 5 metres away. If the construction or tree is, actually or potentially, more than 10 metres high, the distance becomes the sum of its height and those 10 metres. On lines with speeds of 220 km/h or more, the limits are set by order (despacho) and are never less than 25 metres. The municipal plan may also provide for infrastructure corridors (espaços-canal) or its own rules.
What changes with Decree-Law No. 183/2026?
It approves a new legal regime for level crossings and a new Level Crossing Regulation, repeals Decree-Law No. 568/99 and comes into force on 1 March 2027. It prohibits new level crossings, strengthens risk management, regulates the closure of existing ones and requires anyone promoting subdivisions, public-use facilities or constructions that increase the risk at a level crossing, whenever access is through that crossing, to build a grade-separated crossing and bear the corresponding costs.
I have land next to an unprotected level crossing. Are there restrictions?
Yes. Next to passive level crossings there is a visibility zone, defined by four triangles according to train speed, where adjoining owners may not plant trees or other vegetation, build walls or buildings, carry out excavations or embankments, or place equipment or obstacles. The infrastructure manager may order the demolition or removal of anything done improperly, at the owner's expense. These rules are set out in the new Regulation, applicable from 1 March 2027.
Can I use a private level crossing to access a subdivision?
Not as a lasting solution. Under the new Regulation, the title to a private level crossing is extinguished when the dominant property is subdivided or developed, except for the part that still needs the easement, and the crossing is closed immediately. If access to the new development depends on a level crossing, the developer is required to build a grade-separated crossing.
What fines apply?
For breaching the non aedificandi zones of Decree-Law No. 276/2003, fines range from 500 to 3,740 euros for individuals and from 1,500 to 44,800 euros for legal persons, without prejudice to enforced demolition. The new Level Crossing Regulation provides for fines of 165 to 3,500 euros for individuals and 5,000 to 40,000 euros for legal persons, for example for starting works on a private level crossing without the infrastructure manager's authorisation.
Closing notes
Rail is gaining weight across the territory, and so are the safety rules that surround it. Decree-Law No. 183/2026 does not change the distances to the railway line set by Decree-Law No. 276/2003, but it changes the calculation for anyone developing land near level crossings: the risk a development adds now has a price, and that price is paid by the developer. If you are assessing a plot or preparing a project near a railway line, talk to CertiAmb: we identify the easements, check the possible siting and coordinate the architectural and engineering design with the infrastructure manager's requirements.
This article is provided for information purposes only and does not constitute legal, tax or technical advice. Each situation should be assessed individually by a qualified professional.