A removed sale formality is not planning confirmation
If a property can be transferred without showing a use licence, does that mean its use is legal?
No. The rules changed again on 3 August 2026: the transfer contract must state whether an urban-planning title exists. That declaration is not proof that the present building, use or later changes are lawful. Municipal procedures for use and change of use continue, and the relevant document depends on the building's date, history and procedure.
Check the building in five stepsChecked against the published sources on .
Page guide · 1 minUnderstand this pageKey points, plain-language terms and useful next steps.
Why this matters
Do I still need to check a use or habitation licence?
Imagine you need to answer this before deciding what to do next: “If a property can be transferred without showing a use licence, does that mean its use is legal?” No. The rules changed again on 3 August 2026: the transfer contract must state whether an urban-planning title exists. That declaration is not proof that the present building, use or later changes are lawful. Municipal procedures for use and change of use continue, and the relevant document depends on the building's date, history and procedure. The simple rule: Yes: under the rules in force since 3 August 2026, the transfer contract states whether an urban-planning title exists, but that statement does not prove that the present use or later works are lawful.
What this page helps you do
- What the transfer rules say—and what they do not prove
- Which building history are you dealing with?
- A five-step check before relying on the building's use
- Prepare the building-use enquiry
- Ask what applies to this building and this use
Words made simple
- Authorisation of use
- The municipal act or position concerning use under the regime applicable to the building and procedure.
- Habitation licence
- A common name used for documentation concerning residential use; confirm the exact official document in the file.
- Change of use
- A change in how the building is used that continues to have a municipal procedure under the applicable framework.
- Municipal planning file
- The municipality's archive of plans, applications, decisions, notices and titles for the building.
Questions you may have
- Was the use licence abolished in Portugal?
- Does the statement in the transfer contract prove lawful use?
- Which document proves the use of my building?
- Does an old use document cover later extensions?
Share
What the transfer rules say—and what they do not prove
The 2024 reform removed the former exhibition requirement
Decreto-Lei 10/2024 removed the requirement to exhibit the use authorisation or proof that it was not required for the property-transfer act. This explains the development of the rule; it did not legalise buildings by transfer.
The current contract states whether an urban-planning title exists
Decreto-Lei 108/2026 is in force from 3 August 2026 and requires that statement in the transfer contract. The statement records what is declared for the transfer; it does not confirm that the physical building, present use or later changes comply.
Municipal use procedures remain
Procedures concerning use and change of use continue within the urbanisation and building-control framework. Ask which act, title, response or historical position applies to this building.
The physical building still needs comparison
A document in the file does not prove that later works or the present layout match approved plans. A qualified inspection may be needed.
A lender may have a separate document test
A bank's own published guidance says some lenders still request documentation equivalent to the former licence during mortgage assessment. Confirm requirements with the actual lender.
Which building history are you dealing with?
A use document exists
The municipality has a licence, authorisation or other applicable act
Obtain a current copy and the approved plans, then compare the address, use, areas and building actually present. The document only establishes what falls within its scope.
Does the present building and intended use match the municipal file?
Historical exemption claimed
The seller says no licence was required
Ask the municipality for the certificate, declaration or archival evidence applicable to that location and date. Do not turn an unsupported age statement into an exemption.
What historical fact can the municipality certify, and what later works are documented?
No document supplied
The sale can proceed, but the file is unclear
Request the full municipal file and a written identification of the use document or procedure that applies. Absence from the sale papers is not proof of either legality or illegality.
What acts and plans actually exist in the municipal archive?
Building changed
Extensions, annexes or use differ
Have the existing condition measured against the archive and ask the municipality which current review or procedure applies. A past use title does not automatically cover later changes.
Which current elements have no matching plan or title in the file?
A five-step check before relying on the building's use
Request the complete current municipal file
Ask for licences, notices, approved plans, final drawings, use documents and relevant archived antecedents.
Identify the document or historical position that applies
Use the building's date, location and procedure; do not assume every property should carry the same named document.
Compare file and physical building
Check footprint, areas, layout, annexes and actual use with suitable technical support.
Ask the municipality about every mismatch
Get a dated answer on the procedure and evidence required for the current building and intended use.
Confirm transaction and lender requirements
Give the current file and municipal answer to the legal professional and lender before making the decision dependent on them.
Prepare the building-use enquiry
- Exact property and building identification
- Current registry certificate and caderneta predial
- All municipal acts, approved plans and archived antecedents available
- Current use and intended future use
- Measured current layout, footprint, areas and annexes where needed
- List of extensions, alterations and changes of use by known date
- Any document requirements stated by the actual lender or transaction adviser
Ask what applies to this building and this use
For this building, history and intended use, which authorisation, act, certificate, declaration or procedure is applicable and present in the municipal file, what later works or use changes are not covered, and what current procedure and evidence are required to address them?
Attach the property identification, current layout, intended use and every municipal document already obtained.
Use-document terms in plain language
- Authorisation of use
- The municipal act or position concerning use under the regime applicable to the building and procedure.
- Habitation licence
- A common name used for documentation concerning residential use; confirm the exact official document in the file.
- Change of use
- A change in how the building is used that continues to have a municipal procedure under the applicable framework.
- Municipal planning file
- The municipality's archive of plans, applications, decisions, notices and titles for the building.
- Approved plan
- A drawing accepted within a municipal procedure; it must still be compared with the physical building.
What the transfer change does not prove
- It does not prove lawful useNot exhibiting a licence at transfer is not a municipal confirmation of the current use.
- A file document does not prove full physical complianceLater or differing works need comparison and competent review.
- A missing sale document proves neither existence nor non-existenceInspect the municipal archive and obtain the current official response.
- No lender acceptance guaranteeEach lender assesses its own file; municipal documentation and lender requirements are related but distinct.
- No broader approval conclusionThis check does not establish buildability, legality of every work, safety, value or finance.
What this page cannot prove
Document investigation, not confirmation of lawful use
This page does not determine which title applies to a specific building, certify its present use or works, or guarantee transfer or finance. The municipality, transaction adviser, qualified technician and lender must assess their respective parts of the actual file.
Common questions
The questions people usually ask next
Was the use licence abolished in Portugal?
Do not describe the change that broadly. The 2024 reform removed the former exhibition requirement, and the rules in force since 3 August 2026 require the transfer contract to state whether an urban-planning title exists. Municipal use and change-of-use procedures continue.
Does the statement in the transfer contract prove lawful use?
No. It states whether an urban-planning title exists; it does not prove that the present building and use match that title or that later changes are lawful. Investigate the municipal file and physical building.
Which document proves the use of my building?
It depends on its date, location and procedure. Ask the competent municipality which act, title, certificate, declaration or response applies and obtain it from the current file.
Does an old use document cover later extensions?
Not automatically. Compare the document and approved plans with every present extension, annex, layout and use, then ask about mismatches.
Will a bank still ask for use documentation?
Some lenders may. A bank's own published guidance describes that practice; confirm the exact current requirements with the lender assessing the mortgage.
Does no document in the seller's pack mean the building is illegal?
No automatic conclusion follows. Request the complete municipal file and current response, then compare them with the physical building.
Primary sources
Check the official material
These links support the central explanation. Open the original source when you need the current detail.
- Decreto-Lei n.º 10/2024, de 8 de janeiroDiário da República
Official source used for this guide. Open it to check the current scope, wording and date.
- Decree-Law 108/2026: current transfer and building-control changesDiário da República
Official source used for this guide. Open it to check the current scope, wording and date.
- Licença de utilização: o que é, novas regras e como pedirBanco Santander Totta
Official source used for this guide. Open it to check the current scope, wording and date.
- Current copy of the municipal planning fileRepública Portuguesa
Official source used for this guide. Open it to check the current scope, wording and date.
Was this information helpful?