Update (31 July 2026): on 23 July 2026 the Government approved postponing the entry into force of the RJUE reform from 3 August to 1 October 2026. The postponement only takes effect once promulgated and published in the Diário da República — and, as at the date of this text, it was awaiting official publication. A Rectification Statement (Declaração de Retificação) No. 29-A/2026/1 of 27 July was also published, correcting the statute. The dates below refer to the original schedule (3 August); always confirm the date actually in force in the Diário da República (dre.pt).
Only days to go — and what must appear in every deed changes. From 3 August 2026, when Decree-Law No. 108/2026 of 29 May comes into force, any transfer of urban property must expressly state whether the property holds an urban title (título urbanístico). And whoever omits that statement risks having the transaction set aside. Here is what it means, in practice, for buyers and for sellers.
What becomes mandatory
In legal transactions transferring building land, buildings already built or under construction, and autonomous units, the registrar, notary, lawyer or solicitor who executes the document must include one of three statements (Article 14 of the RJUE, as amended):
a) the existence of the urban title, where it is presented to them;
b) the transferor’s declaration that they hold it, where it is not produced at the act;
c) the transferor’s declaration that they do not hold an urban title.
Note the essential point: the law does not prohibit selling a property without a title. What it requires is transparency — that it be stated, in black and white, which of the three situations applies.
The consequence: the transaction becomes voidable
Omitting the statement makes the transaction voidable. In practical terms: the contract produces effects, but either party may challenge it — and that sword hangs over the deal. For the buyer, it is a way out when faced with a surprise; for the seller, it is an insecurity that lingers well beyond the day of the deed.
What now counts as an “urban title”
The statute redefines the concept — and here lies the trap for anyone relying on old paperwork: the mere proof of self-assessment of fees is no longer sufficient to title an operation. A licence is now evidenced by the last duly completed application containing the summary of the urban operation, together with proof of payment of the fees and the notification of approval (or, in the case of tacit approval, proof of submission). Prior notification follows the same logic: the completed form, proof of submission and, where an inspection takes place, the council’s declaration of conformity.
And the promissory contract?
Precision matters here. The duty to state falls on the act of transfer — the deed or the authenticated private document — and not, in itself, on the promissory contract (CPCV). But the problem is solved (or created) at the CPCV stage. If the title question only arises at the notary’s office, the buyer finds out late and with the deposit already paid. The correct practice is to deal with it beforehand: require the title at the promissory stage and make its existence a condition precedent, with defined consequences should it not be confirmed.
Two changes that help those who verify
Plot subdivisions become subject to mandatory registration in the land registry, and the council must notify the registry office of any act declaring the invalidity, lapse or revocation of the corresponding licences. Anyone requesting a land-registry certificate will get a more faithful picture of the property’s legal status.
It is also clarified that the use permit transfers automatically with ownership, without any additional formality — settling a common misconception in the market: that the licence had to be “transferred to the new owner”.
What to do in the coming days
If you are selling: locate the property’s urban title now. If it does not exist — or if all you have is proof of fees — it is better to know before sitting at the table than to discover it in front of the notary.
If you are buying: ask for the title before signing the promissory contract, and do not treat the statement as a formality. A declaration that there is no title is perfectly valid — and that is precisely where you should stop and assess the risk, rather than proceed.
If you have deals under way: promissory contracts and deeds scheduled for 3 August or later should be reviewed now.
Before signing, confirm the title
This change does not create a new problem: it makes visible a problem that always existed. Properties without an urban title, or with a title that does not match what was built, have always constrained financing, letting and resale. The difference is that, from 3 August, this will be written into the contract — and omission has a price.
Read also
Urban-planning licensing 2026 (new RJUE) · The use permit · Real estate lawyer in Lisbon
Buying or selling a property in the coming weeks? Paulo Silva Silva, Lawyer, verifies the property’s planning status and adapts promissory contracts and deeds to the new regime. Book a meeting or contact paulosilvasilva.adv@gmail.com · 916 055 901.
The information in this article is general and institutional in nature; it does not constitute legal advice and does not create a client relationship. Decree-Law No. 108/2026 of 29 May comes into force on 3 August 2026; always confirm the consolidated version in force in the Diário da República (dre.pt) before any decision.