What changes for the property market
Since 1 October 2026, the instrument completing the transfer of land intended for urban construction, completed buildings, buildings under construction and their autonomous units must state the position regarding the relevant planning documentation (título urbanístico). The change requires earlier preparation ahead of the public deed or authenticated private document and directly affects sellers, buyers, developers and real estate agencies.
The disclosure requirement
Article 4-A(14) of the Portuguese Legal Framework for Urban Development and Building (RJUE) requires the legally competent professional executing or authenticating the transaction to include the applicable statement. Failure to do so makes the transaction voidable. Document review should therefore begin when the property is listed and inform the contractual arrangements before completion.
Three situations to be recorded
The legislation distinguishes between presentation of the planning documentation, a transferor’s statement that they hold it without presenting it, and a statement that they do not hold it. A statement of possession without presentation is legally possible. We nevertheless recommend reviewing the documents before purchase: a statement alone does not establish their content, effectiveness or consistency with the property’s actual condition.
| Situation | Statement in the instrument |
| Documentation presented | Existence of the relevant planning documentation |
| Documentation not presented | Transferor states that they hold the relevant documentation |
| Transferor without documentation | Transferor states that they do not hold planning documentation |
Completion does not legalise the property
The absence of planning documentation does not prevent a transfer under this provision. However, the purchase does not legalise unauthorized works, permit non-compliant use or guarantee that regularisation is possible. Buyers should assess planning and contractual risks beforehand, including potential implications for financing and their intended use.
Omission and contractual protection
Voidability is distinct from automatic nullity. Who may seek avoidance, the applicable time limits and the consequences require assessment under the relevant civil law rules and the circumstances of the transaction. Including the statutory statement does not remove liability for false information, concealed non-compliance or breach of contractual obligations.
Identifying the relevant documentation
How to identify an urban planning title
The urban planning title must be determined based on the applicable operation and procedure. Under the current system, proof of payment of fees, in isolation, is not sufficient to grant a license or prior notification. For previous processes and documents, it is necessary to verify the regulations in force at the time of their issuance and their current validity and effectiveness.
License and prior notification
In the licensing process, Article 4-A links the payment of fees and charges to the final application, which includes a summary of the operation and notification of express approval or, in the case of tacit approval, proof of submission. In prior communications, the document includes the completed form, proof of submission, and the payment due. For communications with a deadline, the declaration of conformity should also be considered when applicable. Proof of assignments is included in the document when legally required.
Automatic transmission and operation
The right of use is automatically transferred with the ownership of the building or unit, in accordance with Article 4-A, paragraph 13. This transfer does not alter the permitted use nor remedy any non-conformities. Use after works covered by Article 62-A depends on a duly completed notification; in the situations of Article 62-B, the notification must be within a certain timeframe, under the conditions of Articles 63 and 64. The possibility of immediate use or use after ten days depends on the legal framework and any eventual municipal intervention.
Other relevant changes
The reform strengthens the prior notification framework, revises procedures and deadlines and clarifies reconstruction by reference to the last valid development position. Exemption from a licence or prior notification does not remove technical requirements, special restrictions or other applicable obligations. Municipal silence should not be treated as approval without checking the conditions for tacit approval and the calculation of the deadline.
Key legislation
The framework follows Law No. 9-B/2026 of 6 March and Decree-Law No. 108/2026 of 29 May, corrected by Rectification Declaration No. 29-A/2026/1 of 27 July. Decree-Law No. 155-B/2026 of 31 July set 1 October 2026 as the commencement date for the new RJUE framework. Ministerial Order No. 320/2026/1 of 31 July adopts forms and supporting documentation requirements and repeals Ministerial Orders Nos. 71-A/2024 and 71-B/2024. Official sources: RJUE Rectification DL 155-B/2026 Ordinance 320/2026/1
Transactions already in progress
Administrative procedures have their own transitional rules under Article 12 of Decree-Law No. 108/2026. These should be distinguished from the disclosure requirement in the transfer instrument. We recommend reviewing transactions completing from 1 October onwards, including those with a promissory sale and purchase agreement (CPCV) signed before that date.
Practical recommendations
When listing and marketing a property
Request the relevant planning documentation and records of subsequent works. Compare the municipal file and plans with the current layout, areas and use. Enclosed balconies, extensions, converted attics and changes of use require specific review. Where construction did not require a title at the time, obtain suitable evidence, preferably from the municipality, and assess subsequent alterations separately.
Before signing the promissory agreement
We recommend identifying the documents disclosed, known discrepancies and outstanding enquiries. Where completion depends on regularisation, the agreement should allocate responsibility, costs and deadlines and address the consequences if regularisation proves impossible. Completion conditions and deposit arrangements should be assessed. Informing the buyer does not replace an assessment of planning feasibility.
Before completion
Check the statement in the draft transfer instrument, the consistency of the property with its documentation and whether the authorised use suits the buyer’s plans. Any missing documentation should be disclosed in writing and the required enquiries identified before signature. Agencies should review marketing materials and avoid unsupported statements about licensing or development potential.
Completion checklist
- Has the planning documentation or evidence of exemption been reviewed?
- Do the areas, layout and use match the documentation?
- Are later works covered by the appropriate legal framework?
- Have discrepancies and risks been disclosed in writing?
- Does the CPCV address enquiries, responsibilities and completion conditions?
- Does the transfer instrument include the applicable statutory statement?
How we can help
Beyond Legal assists with property and planning due diligence, review of planning documentation and municipal files, promissory agreements and transfer instruments, and contractual arrangements for transactions involving regularisation issues. Coordinating legal review with technical assessment helps identify matters to resolve before commitments are made.
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Legal notice
This publication is provided exclusively for general information purposes and does not constitute a legal opinion or individual legal, tax or other professional advice. Reading it does not replace consultation with a lawyer or a specific assessment of each case considering its circumstances and the legislation applicable at the time. Use of this information does not establish a lawyer-client relationship with Beyond Legal. Information checked on 12 October 2026.
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