Anyone who has started planning a construction project has faced questions like:
- "Do I really need a project approved by the council?"
- "Can I renovate the interior without a license?"
- "Is it mandatory to hire an architect?"
- "What permits do I need to alter the facade?"
These are frequent and legitimate questions that arise when someone decides to build or renovate in Portugal. Unfortunately, many projects face delays, fines, and even work stoppage orders due to a lack of knowledge or hasty decisions.
Therefore, understanding the applicable legislation is essential to ensure your project proceeds safely, legally, and without surprises. Below, we have compiled the main points you should know before moving forward with any work.
1. Licensing vs. Prior Communication: What's the difference?
First, it's important to know which type of legal process your project requires:
- Licensing: Mandatory for major works, such as new constructions, extensions, structural alterations, or changes in use.
- Prior Communication: Applicable to simpler interventions, as long as the project complies with urban planning regulations.
The choice between one or the other depends on the type of intervention, the property's location, and the municipal master plan.
2. When is project approval from the Municipal Council necessary?
Whenever the work alters the property's structure, the facade or volume, or the building's designated use (affectation). It is also mandatory to submit an architectural project and obtain council approval for works on listed properties or in protected areas.
3. Who can sign off on the project?
In Portugal, architectural projects must be signed by an architect registered with the Order of Architects. Specialty projects (such as electrical, structural, or plumbing) must be signed by duly qualified engineers or technical engineers.
4. Works exempt from licensing
Some works do not require licensing or prior communication, such as interior painting, replacing finishes, changing furniture or sanitary equipment, and small-scale repairs.
But be aware: even these works may require authorization if the property is in a protected area or listed as a heritage site.
5. Building Permit
For projects subject to licensing, after the project is approved, you must apply for the building permit—the document that formally authorizes the start of construction. Starting construction without it is illegal.
6. Inspections and Penalties
Inspections are carried out by the Municipal Councils and, in some cases, by the General Directorate for Cultural Heritage (DGPC). If the work does not comply with the law, the owner may face heavy fines, a work stoppage order, or the demolition of what was illegally built.
7. Energy Certificate and Use Permit
After the work is completed, it is necessary to obtain the energy certificate and apply for the use permit, which confirms that the property is ready for use.
8. Building or Renovating with Legal Security
To ensure everything is legalized, you should:
- Consult the Municipal Council in advance.
- Work with qualified professionals.
- Rely on technical support familiar with the legislation and legal procedures.
This way, you avoid headaches and ensure your investment is protected.
At Senna Building, we take care of every detail of your project, including the legal aspects. From concept to completion, we ensure all stages comply with legal requirements, so your project is smooth and surprise-free.