What changed in 2026
Decree-Law 108/2026, published on 29 May 2026, revised the Legal Regime of Urbanisation and Building (RJUE). The changes that matter most for owners and investors are:
- Prior communication becomes the default wherever urban parameters are effectively defined — for example, in areas with a detailed plan (plano de pormenor) or in consolidated urban areas where the project respects the municipal plan and the existing facade heights.
- New deadlines, adjusted to complexity instead of deadlines indexed to floor area (see the table below).
- Simpler use authorisation: buildings with licensed, communicated or exempt works only need a simple prior communication of use.
- Reconstruction exemption: reconstructions that restore a validly existing previous situation are exempt from prior control.
- The "title" returns: an urban title document summarising the main features of the operation, for legal certainty — useful when you sell or finance the property.
These rules apply to procedures started from 1 October 2026. Earlier files that were still at the initial screening stage also benefit from them.
Exempt, prior communication or licence?
The first question an architect answers is which procedure your project falls under. This decides the timeline, the cost and the risk.
| Procedure | Typical works | When can works start? |
|---|---|---|
| Exempt | Interior works without structural changes; small works of minor urban relevance; reconstruction that restores the valid previous situation | Immediately (some municipalities still ask for a simple notice) |
| Prior communication | New buildings, extensions or alterations in areas with defined parameters (detailed plan, allotment, consolidated urban area) | After submitting the complete file and paying the fees — no decision needed |
| Licence | Projects in areas without defined parameters, works on classified buildings or protection zones, cases that need the municipality to assess the urban solution | After the licence is granted and the title issued |
Before any design work, always check the PDM (Municipal Master Plan) and constraints such as RAN (agricultural reserve), REN (ecological reserve), road, water-line or heritage easements. A pedido de informação prévia (PIP) gives you a binding answer from the municipality on what can be built — the reference deadline for this request is now 15 days, with tacit approval once it expires.
Step-by-step process
- Feasibility study — legal and planning check of the plot or building (PDM, constraints, registry, existing licences). See our free tools to start.
- Architecture project — drawings, descriptive report and urban compliance, signed by an architect registered with the Ordem dos Arquitectos.
- Submission on the municipality's electronic platform, with the procedure chosen (prior communication or licence).
- Architecture approval (licence only) — municipal decision and external entity opinions when required.
- Specialist projects — structure, water and drainage, electrical, ITED, gas, thermal behaviour (energy certificate), acoustics and fire safety (SCIE).
- Title and fees — payment of municipal fees and issue of the building title.
- Construction — with a site director and the works logbook (livro de obra).
- Use — prior communication of use and final energy certificate.
Realistic timelines
The law sets reference deadlines for the municipality. Since 1 October 2026 they are:
| Stage | Legal reference deadline |
|---|---|
| Prior information request (PIP) | 15 days |
| External entity opinions | 20 days |
| Architecture approval | 30 days |
| Decision on specialist projects | 20 days |
| Allotment operations | 45 days |
The mayor can extend these once, for the same period, in cases of special complexity. In real life, the total time from first submission to start of works is usually 3 to 9 months: most delays come from incomplete files, requests for corrections and external opinions — not from the legal deadlines themselves. A well-prepared file is the single biggest factor in speed.
Documents you need
Ownership and property
- Land registry certificate (certidão do registo predial), updated
- Tax record (caderneta predial)
- Owner's identification and NIF; power of attorney if someone applies for you
Architecture project
- Descriptive and justificative report, including urban compliance
- Plans, sections and elevations (usually 1:100) and site/location plans (1:500 or as required)
- Photographs of the site and surroundings
- Term of responsibility of the architect and proof of professional registration and insurance
Specialist projects
- Structure and foundations, water supply and drainage, electrical installations, telecommunications (ITED), gas
- Thermal behaviour / pre-certificate of energy performance and acoustic project
- Fire safety (SCIE) — project or technical notes depending on risk category
The 7 most common mistakes that delay permits
- Designing before checking the PDM and the constraints on the plot.
- Choosing the wrong procedure (licence vs prior communication).
- Buying a ruin assuming it can be rebuilt bigger — the "valid previous situation" must be proven.
- Outdated registry certificates or areas that don't match the registry and tax records.
- Specialist projects missing or not coordinated with the architecture.
- Terms of responsibility with errors (expired insurance, wrong registration).
- Starting works under a prior communication without a complete file — the risk stays with the owner.
Advice for foreign buyers
If you are buying a house or land in Portugal to renovate, ask for a technical and planning check before signing the promissory contract (CPCV). It costs little compared to discovering after the purchase that the plot is in REN, that an extension is not allowed or that the existing building was never licensed. You need a Portuguese NIF to apply, and every document submitted to the municipality must be in Portuguese — your architect handles this for you.
Want an estimate of design fees? Use our architecture fee calculator.
How FYB handles your permit
FYB is an architecture, construction and building management company based in Vila Nova da Barquinha, working across the Médio Tejo and Ribatejo region (Tomar, Abrantes, Torres Novas, Entroncamento, Constância, Santarém) and nationwide. We take care of the whole process: feasibility check, architecture project, coordination of all specialist projects, submission and follow-up with the municipality, and — if you want — the construction itself. One team, one point of contact, in English or Portuguese.
Ask for a free feasibility call
Frequently asked questions
Do I need a building permit to renovate a house in Portugal?
Interior works that don't touch the structure, facade, roof shape or number of dwellings are usually exempt. Works that change the structure, facade, volume or use generally require a prior communication or a licence, depending on the area. The PDM and any heritage protection decide the final answer.
How long does a building permit take in Portugal?
Legal reference deadlines are 30 days for architecture, 20 days for specialist projects and 20 days for external opinions. In practice, expect 3 to 9 months from first submission, depending on file quality and the municipality.
What is the difference between a licence and a prior communication?
A licence requires an express municipal decision before works start. A prior communication applies where urban parameters are already defined: once the complete file is submitted and fees paid, works can start without waiting for a decision.
Can a foreigner apply for a building permit in Portugal?
Yes. You need a Portuguese NIF and a project signed by registered technicians, such as an architect registered with the Ordem dos Arquitectos.
Do I still need a habitation licence?
The use authorisation was simplified: for buildings with licensed, communicated or exempt works, a simple prior communication of use is enough in most cases.
Last updated: 1 October 2026. This article is general information and does not replace an analysis of your specific case and municipal regulations.
Related reading: Real estate asset value and preventive maintenance · Preventing building leaks · Versão em português