Habitation licence in Portugal: do you still need a licença de utilização?
By Kellogg Fairbank · Co-founder of remodel.pt · Last updated October 2026What's in this guide
- The deed no longer requires a licença de utilização or a ficha técnica de habitação after DL 10/2024
- From 1 October 2026 the RJUE reform handles most use changes by prior communication, not a licence
- Banks, buyers and AL registrations still look for proof that the property is legally approved for its use
- Unlicensed extensions and plan mismatches are the main legal risk when buying an older Portuguese property
- Check the caderneta predial and the municipal file before you pay for a renovation that depends on the use
What is a habitation licence in Portugal?
The licence is issued by the câmara municipal and names the use of each unit: habitação, comércio, serviços. It is tied to the approved architecture project, so any later extension, closed balcony or converted garage that was never approved can leave the building out of line with the licence.
Buildings completed before 1951 in most municipalities were built before general licensing applied, which is why the 1951 rule matters for older properties. These buildings are generally treated as legally existing even without a licence.
Do you still need a habitation licence to buy a property?
That is a real change. For years the notary asked for the licence, and a missing document could stall a sale. The deed is now possible without it.
The legal risk did not disappear. If the building does not match its approved project, the buyer takes on the consequences, including fines and a refusal to approve later works. Ask the seller or the câmara for the file before you sign.
How did the 1 October 2026 reform change use changes?
Under the reform, most works and use changes follow the comunicação prévia route, with the câmara checking within a set period rather than issuing a licence first. The deadlines for each route are set in the RJUE, and you can read the full timeline in our permit process guide.
Some details of the transition were still being clarified by municipalities in the first days after entry into force. Treat the figures here as a guide and confirm the route with the câmara or a licensed architect before you commit to a schedule.
When does a habitation licence still matter?
Lenders often ask for it in the valuation file. An AL registration depends on the unit being approved for housing. A shop converted to a flat needs the use formally changed, which is a real permit step and not a formality.
If you are buying, a missing licence on a building completed after 1951 is a yellow flag. Ask why. The answer is often a harmless paperwork gap, but sometimes it is an unapproved extension.
| Situation | Is proof of legal use needed? |
|---|---|
| Signing the deed (escritura) | No, since DL 10/2024 |
| Mortgage valuation | Often asked by the bank |
| AL short-term rental registration | Yes, the unit must be approved for housing |
| Commercial unit to residential | Yes, a use change must be approved |
| Building completed before 1951 | Generally treated as legally existing |
How do you check if a property is legal before you renovate?
Three documents tell most of the story: the caderneta predial from the Finanças portal, the certidão permanente from the land registry (registo predial), and the approved plans held by the câmara. If the registered area is smaller than the real one, an extension was likely built without approval.
Hiring an architect to compare the plans with the building usually takes a few days and is cheap compared with discovering the gap mid-renovation. Our no-permit guide explains what can be done without approval, and the permit overview covers the rest.
What does it cost to regularise an unlicensed extension?
Expect an architect to charge for as-built drawings and the legalisation project, plus municipal fees. Some câmaras charge more when the works contravene the PDM (municipal master plan). We do not publish a single number because the spread is wide. Ask for a written quote from an architect first, then budget the building works separately.
If the extension cannot be legalised, the câmara can order demolition. This is why we recommend checking before you buy, not after.
Frequently asked questions
Conclusion
The habitation licence is less of a gatekeeper than it used to be, but it has not become irrelevant. The legal status of the building still travels with the property, and a renovation is the cheapest moment to find and fix a mismatch.
Check the municipal file, compare the plans with the building, and get permit scope written into every quote before you sign.
- Diário da República: DL 10/2024 (Simplex Urbanístico)
- Diário da República: DL 108/2026 and DL 155-B/2026 (RJUE reform)
- IMPIC: construction licences and alvarás
Related reading: Renovation permit process and timing, Do you need a permit to renovate?, What is an alvará?
Kellogg is a former payments executive turned entrepreneur, with a family background in real estate. He has spent the past year bringing that experience to the Portuguese property market, and co-founded remodel.pt to apply the same rigor to how contractors are vetted.