Building a house Portugal – steps to building your home

Building a house or a development is a time-consuming process.

Before starting your project, you need to take into account different stages such as the urban planning rules in force (general and for each municipality), public utilities, regulations, among others, until you start building your project.

Such as the urban planning rules in force (general and for each municipality), regulations, project planning, licences, among others, up to the actual construction.

It should be noted that the entry into force of Decree-Law no. 10/2024 – known as the urban planning ‘Simplex’ – brought about a significant change to the Legal Regime for Urbanisation and Building (RJUE), the main objective of which was to reform and simplify licensing in the field of urbanism and land use planning.

However, before you start the process, we recommend that you consult with your local council. This stage provides initial guidance and identifies possible challenges before moving on to the next phase and, to this end, the legal regime provides for two paths you can take to obtain accurate information on the building capacity of the land and the viability of the project you intend to implement.

Planning each stage:

– Defining the site: Choose a site that meets your needs and check the urban planning conditions with the town hall.

– Initial budget: Calculate the approximate costs of acquiring the land, architectural design, construction and finishes.

– Source of finance: If necessary, consult banks for housing or construction loans.

Buying the land

– Check feasibility: Consult the Municipal Master Plan (PDM) to ensure that the land is suitable for construction.

Request for Prior Information

According to Article 14 of the RJUE, there are 2 types of PIP:

Generic PIP – through which any interested party, in a simplified manner, informs the municipality whether it is possible to realise, in the light of existing regulations, a specific intention. This PIP does not require the submission of specific documentation and may vary in content depending on the request and elements submitted by the applicant.
Qualified PIP, in which the applicant questions the municipality in detail about whether it is possible to realise a specific intention in the light of existing regulations, depending on the elements presented. This PIP requires the submission of specific documentation, as described in Ministerial Order 71-A of 27 February.

Exempt architectural Projects

Considering the reduction in prior control by local councils in urban operations with a significant impact on the built environment, which are now exempt from prior control, the responsibilities of the various parties involved (developer, designers, executing organisation, etc.) become more evident. Exemption from prior control only means that the licensing authority does not have to give its prior consent for the urban development operation to take place. However, the licensing authority must be aware that the work is going to take place (the developer must inform them of the start of the work) and the work is subject to supervision by the authority. Given that exemption from prior control does not mean exemption from compliance with the applicable legal and regulatory standards, works exempt from prior control must be guaranteed:

The existence of projects (architecture and specialities);

That the private developer ensures that the work is carried out by duly qualified construction companies;

– Documentation required: Land registry certificate, land booklet and technical data sheet for the land.

– Purchase and sale contract: Formalise the purchase with a public deed.

Architectural design and specialities

– Hire an architect: Develop a project in line with local regulations.

– Engineering and specialities: This includes stability, water and sewage, electricity, thermal and acoustic projects.

– Licence or Prior Communication: Submit the project to the City Council for approval.

Licences and Authorisations

– Application for a building licence: Once the project has been approved, the local authority issues the licence.

– Prior notice of construction: In some cases, it is possible to replace the licence with this simplified procedure.

– Hiring a contractor: Choose a certified construction company.

Construction

– Construction phases:

earth moving and foundations: Preparing the ground and base structure.
Structure and walls: Construction of walls and slabs.
Roofing: Installation of the roof.
Technical installations: Electricity, plumbing and air conditioning systems.
Finishes: Cladding, painting and installation of equipment.

– Construction supervision: The architect and engineer must monitor construction to ensure compliance with the project.

Inspection and Use Licence

Before the client takes delivery of the work, the architect inspects the building for a final check that it complies with the drawings and written parts delivered. The delivery may involve the provision of construction drawings and specifications, recommendations on the maintenance of systems and components, as well as on repairs, the performance of special installations and, increasingly, a folder with safety recommendations on maintenance and repairs.

– Inspection request: The town hall checks that the work has been completed in accordance with the approved project.

– Licence to use: Essential document for living in or selling the property.