Use licence and the planning status of a house

Decree-Law no. 10/2024 removed, at the conveyancing act, the obligation to show or prove the existence of the use authorisation and the home's technical data sheet, or that the former is not required. The decree also changed the procedures for the use of buildings. [1]

The formal transfer does not, for that reason, demonstrate that all works are regular. A buyer should clarify the situation; a seller should provide the information that allows it to be analysed.

Ask for access to the available elements of the municipal file and, where the configuration raises doubts, an analysis by a qualified technician. Identify the plans, alterations and use documents relevant to the situation.

These questions do not mean every alteration requires the same procedure. They serve to identify what needs analysis.

Compare the spaces with the correct document and its date. A plan from a renovation proposal should not be presented as if it were an approved plan. Ask for the origin of the drawing to be clarified and whether it corresponds to the current state.

Illustrative example: a villa is presented with five bedrooms, but one of them results from converting a garage. Before assuming that configuration in the listing or the purchase, the use and framing of the space must be clarified.

Do not presume an exemption based only on appearance or a verbal reference to age. Gather proof of the construction period and clarify any later works with the municipality and the professional responsible for the deed.

A house may retain its original façade and have been extended decades later. The analysis must address the relevant history of the property, without treating the initial date as an answer for every intervention.

The exemption from presenting an element at the deed does not guarantee bank approval. Before assuming an obligation dependent on credit, deliver the documentation to the bank and clarify acceptance of the property.

If a regularisation is under way, confirm its viability, the steps required and the estimated timeline with the responsible technician. A promise that “it is easy to legalise” should not replace that analysis.

Where there is an issue to resolve, define who deals with it, who bears the costs and what effect it will have on the purchase. Take those conditions to the professional preparing the CPCV.

The buyer should know what has been clarified and what remains pending. The seller benefits from a consistent presentation across photographs, listing, viewings and documentation.