The obligation to obtain a use license in Portugal is not uniform for the entire territory, and there are exceptions based on specific dates and locations. Here are the main points to consider:
General Requirement
The use license is a document issued by the Municipal Council that attests that a property is in compliance with the intended use, whether residential or non-residential. This document is necessary to ensure that the property complies with current legal and regulatory norms and is in accordance with the approved project.
Exceptions Based on Dates
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Buildings Constructed Before 1951:
Properties constructed before the entry into force of the General Urban Building Regulations (RGEU) in 1951 are exempt from presenting a use license. This exemption applies because, at the time, there was no licensing requirement for all buildings.
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Legal Regime of Municipal Licensing of Private Works:
From Decree-Law no. 445/91, of October 15, which entered into force 90 days after its publication, the use license became mandatory for all buildings throughout the national territory, except those exempt.
Exceptions Based on Locations
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Municipal Deliberations:
In some cases, the obligation of the use license may not have been applied uniformly in all areas of a municipality, depending on specific municipal deliberations that may or may not have extended the application of RGEU to the entire municipality.
Procedures to Obtain the License:
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Request:
A request must be submitted to the Municipal Council, accompanied by documents such as location plans and the Property Tax Card. The Council conducts an inspection and charges a fee for issuing the license.
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Inspection and Issuance:
The inspection is necessary to verify the property’s compliance with the approved project. If the inspection is favorable, the Council issues the use license.
Exception for constructions by State Organizations
Some buildings constructed by State organizations may be exempt from use license, provided that no reconstruction, expansion, or significant alteration works have been carried out
Buildings Outside the Urban Perimeter
Initially, constructions outside the urban perimeter were not subject to prior control and licensing, unless there was specific regulation or a municipal plan that imposed it. This situation was changed from February 18, 1992, when construction and use licenses became mandatory for all buildings in the national territory, except for exempt constructions.
These exceptions and requirements vary according to legislation and municipal deliberations, so it is important to check with the local Municipal Council what the specific obligations are for each property.