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Is your home in Portugal legal

16 Sep 2019
Is your home in Portugal legal
Legislação
Is the land I’m buying legal to build on? Be very careful when searching for a plot of land - Can you legally build a habitable structure? Over the years I have heard many people talk about “permanent structures” and “oh but we can build a wooden house”, well how would you describe a permanent structure? Just because it is built from wood does not mean it is not permanent There was a great article in the Portuguese news at the end of August 2019 with some clarification from the Silves co
Is the land I’m buying legal to build on?
 
Be very careful when searching for a plot of land - Can you legally build a habitable structure?
Over the years I have heard many people talk about “permanent structures” and “oh but we can build a wooden house”, well how would you describe a permanent structure? Just because it is built from wood  does not mean it is not permanent
 
There was a great article in the Portuguese news at the end of August 2019 with some clarification from the Silves council  (Full article can be read here).
In short, Silves council highlighted that all buildings, provided that they are intended for human use and are considered to be permanent “shall be deemed to be an urban development subject to licensing “. The note added that even removable buildings and caravans are also subject to this law if they have any permanent foundations or a concrete base.

“In addition, even in the case of mobile homes, caravans or camper vans, which do not remain in the same place over time, they are nevertheless subject to prior municipal licensing”
 
Unfortunately a lot of the misinformation comes from Real estate agents so it is imperative you always seek independent legal advice when purchasing a building plot, check the classification of the land is it urban, mixed or intended for agriculture? You may be buying a plot without building permission in place but you can request a “pedido de informação previa” to check what is legally allowed to be built where, how many floors, m2 and if you can build a pool.
 
If you have any doubts please feel free to contact us on info@sampsonproperty.com or we can put you in contact with local architects and lawyers.

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