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. Decree-Law 10/2024 removed the former requirement to show the use authorisation or proof that it was unnecessary at the transfer, with effect from 1 January 2024. That did not legalise the building or use. As reviewed on 25 August 2026, the new transfer statement in Decree-Law 108/2026 is scheduled for 1 October 2026 after Decree-Law 155-B/2026. Municipal use and change-of-use procedures continue.
Check the building in five stepsChecked against the published sources on .
Ask what applies to this building and this use
In English, this asks: 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?
Para este edifício, histórico e uso pretendido, que autorização, ato, certidão, declaração ou procedimento se aplica e consta do processo, que obras ou mudanças posteriores não estão abrangidas e que procedimento e prova atuais são exigidos para as tratar?Attach the property identification, current layout, intended use and every municipal document already obtained.
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. Decree-Law 10/2024 removed the former requirement to show the use authorisation or proof that it was unnecessary at the transfer, with effect from 1 January 2024. That did not legalise the building or use. As reviewed on 25 August 2026, the new transfer statement in Decree-Law 108/2026 is scheduled for 1 October 2026 after Decree-Law 155-B/2026. Municipal use and change-of-use procedures continue. The simple rule: Yes. Decree-Law 10/2024 removed the former requirement to show the use authorisation at a property transfer, but that sale formality does not prove lawful use. As reviewed on 25 August 2026, Decree-Law 108/2026's new transfer statement is scheduled for 1 October 2026, not yet in force.
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?
- Will the transfer statement scheduled for 1 October 2026 prove lawful use?
- Which document proves the use of my building?
- Does an old use document cover later extensions?
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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.
A new transfer statement is scheduled, not current on the review date
Article 4(14) in the RJUE text republished by Decree-Law 108/2026 provides for a statement about the corresponding urban-planning title. As reviewed on 25 August 2026, Decree-Law 155-B/2026 postpones that main amendment to 1 October 2026. Even once applicable, the statement will not prove 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
How a usable answer sounds
A solid answer is observable
- Directly addresses the defined question: 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?
- Gives a written file or reference number and the response date.
- Names the applicable instrument, version and article or other precise source locator.
- Connects the conclusion to the exact property, location, person or proposal facts supplied.
- Lists missing attachments, conditions, responsible authority and the next formal route.
A reply needs follow-up when it
- Uses a general impression without answering the defined question.
- Mentions a rule or map without its date, version, article or source locator.
- Does not tie the reply to the exact property, location or proposal identity.
- Provides no written reference, missing-document list, conditions or formal next step.
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.
Common questions
The questions people usually ask next
Was the use licence abolished in Portugal?
Do not describe the change that broadly. Decree-Law 10/2024 removed the former exhibition requirement at transfer from 1 January 2024. As reviewed on 25 August 2026, the new transfer statement in Decree-Law 108/2026 is scheduled for 1 October 2026 after Decree-Law 155-B/2026. Municipal use and change-of-use procedures continue, and the future use provisions must be read with Rectification 29-A/2026/1.
Will the transfer statement scheduled for 1 October 2026 prove lawful use?
No. Once applicable, it will state whether an urban-planning title exists; it will 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.
- Rectification 29-A/2026/1 — corrected future RJUE use provisionsDiário da República
Official source used for this guide. Open it to check the current scope, wording and date.
- Decree-Law 10/2024 — removal of the use-authorisation exhibition requirement at transferDiário da República
Official source used for this guide. Open it to check the current scope, wording and date.
- Decree-Law 108/2026 — future transfer statement, use procedures and transition rulesDiário da República
Official source used for this guide. Open it to check the current scope, wording and date.
- Decree-Law 155-B/2026 — main RJUE amendments postponed to 1 October 2026Diário 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.
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