Habitation Licence in Portugal and Houses Built Before 1951
Some houses are older than the rules. That is not a flaw, but it needs a paper.
For decades, the habitation licence in Portugal, the licença de utilização, told a buyer that a building could be lived in as it had been built. No notary would sign a deed without it, or without proof that the house was exempt. The law has changed twice since 2024, and the second change took effect on 1 October 2026. This guide explains what the licence was, what replaced it, what a deed must now state, and why houses built before 1951 follow a logic of their own.
What the licence was
Under the legal regime for urban development and building, the RJUE of 1999, a building or flat could only be used once the municipality had confirmed that it matched the approved project and its intended use: housing, commerce, services. The document was called the alvará or licença de utilização, later the autorização de utilização. It travelled with the property. Until the end of 2023, the notary had to see it at the deed, together with the ficha técnica da habitação, the technical file of the home, or proof that the building was exempt.
2024: the paper leaves the deed
The Simplex urbanístico, Decreto-Lei 10/2024, removed that obligation from 1 January 2024 by revoking the rules that required both documents in property transfers. A house could be sold without showing its licence. Legality did not disappear: works without a licence remained irregular, and the duty to regularise them passed to the new owner. It simply stopped being checked at the moment of sale. Buyers had to ask the questions themselves.
October 2026: the deed must say
A second reform, Decreto-Lei 108/2026 of 29 May, revised the RJUE again. Its entry into force was postponed to 1 October 2026 by Decreto-Lei 155-B/2026. The word authorisation disappears from use. Where the works had a licence or a prior communication, the owner now files a communication for use, with a statement of conformity signed by the technician responsible. In other cases, a communication with a time limit applies: the building may be used ten days after it is filed, unless the municipality rejects it or orders an inspection.
The reform also brings back the notion of an urban title, the título urbanístico, which passes automatically with the property. The decisive change is at the deed. Every contract transferring an urban property must now state one of three things: that the title exists and is presented; that the seller declares having it but does not present it; or that the seller declares not having it. If the contract says nothing, it can be annulled. Selling without a title is still possible. Selling in silence is not.
Houses built before 1951
Municipal licensing became a general rule with the general regulation on urban buildings, the RGEU, Decreto-Lei 38382 of 7 August 1951. Outside the municipal seats, it applied only where the municipality decided to extend it, and the rules were revised in 1962. The courts have held that buildings erected before the RGEU needed no licence, either for construction or for use, and that the right to use them is protected. A 2006 law on leases also exempts them from the licence when let. The date that matters is therefore the one the local municipality applies, which can be later than 1951 outside town centres.
In practice, a seller proves the exemption with a certificate from the câmara municipal stating that the building predates the licensing rules, or with a caderneta predial, the tax record, showing it was registered before 7 August 1951. The certificate is the safer route. The exemption covers the original building only. An extension, a new floor, a closed balcony or a pool built later needed its own licence, and their absence is what usually causes problems.
The RGEU itself is still in force. Decreto-Lei 10/2024 had scheduled its revocation for 1 June 2026, but Decreto-Lei 108/2026 postponed it until a new set of technical building rules is adopted. That code has not yet been published.
The age of a house is a fact. Its file is a task.
Pombaline, Art Nouveau, casa portuguesa
Much of what makes Portuguese houses desirable was built before 1951. The Baixa of Lisbon was rebuilt after the earthquake of 1755 on a timber frame, the gaiola pombalina, designed to sway rather than fall. At the turn of the twentieth century, Art Nouveau covered façades and halls with tiles, as in the apartment of 1905 on Rua das Janelas Verdes. In the following decades, Raul Lino argued for a Portuguese house of eaves, porches and whitewash. Manor houses in the Alentejo and granite farmhouses in the north are often older still.
These buildings have usually changed over time: kitchens and bathrooms added, attics converted, yards covered. Each change is a question for the file. Before buying, an architect can compare the building with the municipal archive, where old projects and licences are kept, and tell you what is original, what was licensed and what needs to be regularised. Our guide to restoring an old house and our article on buying a classified property continue the subject.
For buyers, sellers and banks
Before the promissory contract, a buyer should ask which of the three statements the seller will make at the deed, and request either the urban title or the exemption certificate. If there is no title, the cost and time of regularising should be part of the price. The law no longer imposes the document at the deed, but it does not prevent a bank from asking for it when it values the property for a mortgage: ask your bank early. The other documents, from the caderneta predial to the energy certificate, are listed in our guide to buying property in Portugal, step by step.
For a seller, the best moment to gather the file is before the listing, not after the first offer. Wiseguys Properties prepares it with owners of historic houses as part of every sale. See two houses we represent, Janelas Verdes 1905 in Lapa and The Great Green House in Portalegre, or tell us about your property.
Frequently asked questions
Is a habitation licence still required to sell a house in Portugal?
It has not been required at the deed since 1 January 2024. Since 1 October 2026, however, the deed must state whether an urban title exists, is presented or is missing; if it says nothing, the sale can be annulled.
Can I buy a house without a licença de utilização?
Yes, if the deed says so. The buyer then takes on the duty to regularise it, so the cost should be assessed before signing.
Do houses built before 1951 need a licence?
Buildings erected before the RGEU of 7 August 1951, or before the later date set by the municipality, did not need one. The exemption is proved by a municipal certificate and covers only the original construction.
What is the título urbanístico?
The set of documents that proves the legal status of a building after the 2026 reform: fees paid, the request filed and, depending on the case, the decision or proof of submission.
Will a bank lend on a house without a licence?
The law does not forbid it, but each bank sets its own conditions. Ask before signing the promissory contract.
This article is general information and does not replace legal advice. Sources: Decreto-Lei 38382/51 (RGEU); Decreto-Lei 555/99 (RJUE); Decreto-Lei 10/2024; Decreto-Lei 108/2026 and Decreto-Lei 155-B/2026; Tribunal Central Administrativo Sul, case 07022/10, 20 September 2012; Ordem dos Arquitectos, Simplex urbanístico. Photographs: Wiseguys Properties.
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