You are going to sell
What has been built does not match the municipal file, the land registry or the tax register.
Service · Urban planning
Legalisation of existing buildings
Annexes, extensions, converted garages or works carried out years ago without a licence. We analyse whether the situation can be legalised, prepare the design and the engineering disciplines required, where applicable, and follow the procedure at the câmara municipal (municipal council).
No commitmentReply within 1–2 working days
When it makes sense
Situations that bring clients to us
Notice from the council
You have received a communication about unlicensed works and there is a deadline to reply.
You want to extend
Permitting or carrying out the new works may be held up until the existing situation is regularised.
Use permit
You need to regularise the permit and the building does not match the approved file.
What determines whether the works can be legalised
- The PDM (municipal master plan) and the other territorial management instruments.
- The loteamento (subdivision), the easements and the public interest restrictions.
- The use, area, footprint and height allowed for the site.
- The safety and health conditions and the designs required.
- Whether the date of construction can be proved.
Documents useful for the analysis
- Location or address of the property.
- Caderneta predial (tax register extract).
- Certidão do registo predial (land registry certificate).
- Plans or documents from the municipal file, if you have them.
- Photographs and a brief description of what was built.
Process
From the survey to the council's decision
- 1
Analysis of whether legalisation is possible
Framing within the PDM, the constraints and the history of the file.
- 2
Accurate survey
Measurement of what exists and comparison with the municipal file, the approved plans, the land registry and the tax register.
- 3
Architecture and engineering designs
Architecture and the engineering disciplines required, prepared to support the application.
- 4
Submission and follow-up
Filing at the council and responding to requests for further material, through to the decision.
What is at stake
Delay can make the process more complex
A property can be transferred without the old use permit being presented. That does not, however, confirm the planning compliance of the existing buildings, nor does it remove the need to check the relevant permits. A discrepancy may be identified by the buyer, during technical and legal analysis or in the bank valuation, delaying the transaction or making it conditional.
An irregular situation can continue to give rise to measures to restore planning compliance, corrective works, limits on use or, where legalisation is not possible, total or partial demolition.
The legal framework is set out in article 102-A of the RJUE, which we explain in detail in this guide.
Preliminary analysis
Describe your case
Three quick answers so that we can frame the situation. They do not replace technical analysis.
Request a preliminary analysis Initial screening · no commitment
Three quick answers so that we can frame the situation. They do not replace technical analysis.
Frequently asked questions
Common questions about legalisation
Is it possible to legalise works carried out without a licence?
In many cases, yes. The RJUE provides for a legalisation procedure in article 102-A. Whether it is viable depends on the framework set by the PDM and by the constraints on the land, which is why the first stage is always the analysis.
How long does a legalisation take?
It depends on the municipality and on the complexity of the case. The timescale is driven by the preparation of the application and by the response of the câmara municipal (municipal council), so we give an estimate after the initial analysis.
Do I need to legalise the property to sell it?
The transfer of the property can be completed without presenting the use permit, but that does not regularise any unlawful works. The discrepancies may be identified by the buyer, by the bank or during technical and legal analysis, and may delay the transaction, make it conditional or prevent it altogether. It is therefore advisable to confirm the planning situation before putting the property on the market.
Which documents are needed?
Usually the caderneta predial (tax register extract), the land registry certificate, location plans and a survey of what exists. The final list depends on the municipality and on the type of works to be regularised.
How much does it cost to legalise a building?
The figure depends on the case: professional fees, municipal charges and, where needed, corrective works. A figure can only be given after the feasibility analysis, because that is when it becomes clear which items and which works the process requires.
What happens if the building cannot be legalised?
If compliance with the applicable rules cannot be secured, alteration works or, as a last resort, total or partial demolition may be required. In those situations we look at what alternatives exist before moving ahead.
Related services
Next step
Safe Purchase
Preliminary screening before you buy and identification of the points that require verification.
See Safe Purchase →Planning Feasibility
Analysis of what can be built, extended or developed before investing in the design.
See Planning Feasibility →Design and Licensing
Architecture, coordinated engineering disciplines and follow-up of the procedure through to the municipal decision.
See Design and Licensing →Next step
Find out whether your case can be legalised
Send us the location and a brief description of what was built. We carry out a first screening of the material sent and set out the next steps. Confirming feasibility requires a technical analysis of the case.
Usual reply within 1–2 working days.