In short
The overhaul of Portugal’s planning and building regime (RJUE) by Decree-Law 108/2026 of 29 May has been in force since 1 October 2026 (date set by Decree-Law 155-B/2026). Five changes matter to anyone building or buying: prior notice is now a statement of responsibility that lets works start without any council decision; licensing has short stage deadlines (20, 30 or 45 days) with tacit approval if missed; licences and notices have a title defined by law; deeds must state whether the property has a planning title, or the sale is voidable; and nullity of licences and planning information can, as a rule, only be declared within three years of issue.
When does it apply, and to which applications?
Decree-Law 108/2026 entered into force on 1 October 2026, after Decree-Law 155-B/2026 of 31 July postponed the original date. It applies to procedures started after that date and to earlier ones still at the preliminary screening stage on that date (Article 12(1)). The new nullity and lapse periods apply to existing situations, counted from 1 October 2026, unless the old law would complete them sooner (paragraphs 3–4).
What changes for prior notice (comunicação prévia)?
Prior notice is now a statement which, if properly documented, allows the applicant to carry out the works after paying the fees and notifying the start of works, without any permitting act by the council (Article 34(2) RJUE). Fees may be self-assessed, with a payment deadline of at least 60 days from filing (paragraph 3). Rejection of prior notice has been repealed.
The trade-off is responsibility: the council checks the operation after the fact, may ask once for missing items within 10 days and, if the operation breaches the rules, declares the notice void for defect and orders legality to be restored (Article 35(8)–(9)). That review lapses one year after the fees are paid or use begins, if later, but inspection of the works against the project may take place at any time (paragraphs 10–11).
What are the new licensing deadlines?
| Operation | Deadline for the final decision | Runs from |
|---|---|---|
| Building and demolition works subject to licence | 20 days | Submission of the engineering projects, or approval of the architecture if they were filed with the application |
| Urbanisation works and land remodelling | 30 days | End of screening, receipt of further items or of the last external opinion |
| Subdivisions (loteamentos) | 45 days | Same |
If the deadline passes without a decision, the application is tacitly approved (Article 23(1)). Subdivision and urbanisation deadlines may be extended once, by the same period, for special complexity, if the applicant is notified before screening ends (paragraph 8). Overall deadlines linked to floor area have been abolished. A partial licence for the structure after architectural approval remains available against a bond (paragraph 6).
How is a licence or prior notice proven?
Article 4-A defines the title. A licence is evidenced by proof of payment of fees, the last application filed (with the operation summary) and notice of approval or, for tacit approval, proof of filing (paragraph 2). A prior notice is evidenced by proof of payment and the completed form with proof of filing (paragraph 4). The use title passes automatically with ownership (paragraph 13).
What changes for deeds and sale contracts?
On the transfer of building land, completed or unfinished buildings, or units, whoever formalises the deal — registrar, notary, lawyer or solicitor — must state, on pain of the transaction being voidable: that the planning title exists, when shown; the seller’s statement that it holds the title, when not shown; or the seller’s statement that it has no title (Article 4-A(14)). The law allows property without a title to be sold, but requires the buyer to know.
And the use of buildings?
| Situation | Procedure | Provision (RJUE) |
|---|---|---|
| Works under licence, prior notice or exempt after full planning information | Prior notice with the site director’s statement of responsibility; use may begin immediately on filing | Art. 62-A |
| Use or change of use without prior controlled works, or after exempt works | Prior notice with a time limit, allowing an inspection | Art. 62-B |
How long is a licence exposed to nullity?
The issuing body’s power to declare a licence or planning information void lapses three years after issue; the Public Prosecutor’s action and any popular action lapse in the same period (Article 69(4)). National monuments and their protection zones are excepted, and the period extends to the criminal limitation period where the facts amount to a crime (paragraph 5). For acts before 1 October 2026, the period runs from that date, unless the old law would complete it sooner (Article 12(3)–(4), Decree-Law 108/2026).
What to do now
- Pending applications: confirm what stage they were at on 1 October 2026.
- Prior notices: document them rigorously; responsibility lies with the applicant and the technicians.
- Licensing: track filing dates and the 20-, 30- and 45-working-day deadlines to rely on tacit approval.
- Purchases: require the planning title before the promissory contract and do not accept a “no title” statement without an audit and a price adjustment.
Frequently asked questions
When did the new RJUE come into force?
On 1 October 2026, the date set by Decree-Law 155-B/2026, which amended Article 13 of Decree-Law 108/2026.
With prior notice, can I start works without hearing from the council?
Yes, if the notice is properly documented, after paying the fees and notifying the start of works (Article 34(2) RJUE). The council reviews afterwards and may declare the notice defective.
How long does the council have to decide a building licence?
20 days for building and demolition works, 30 for urbanisation works and 45 for subdivisions, counted in working days, failing which the application is tacitly approved (Article 23).
Must the deed mention the licence?
It must mention the planning title, the seller’s statement that it holds one, or its statement that it has none, or the sale is voidable (Article 4-A(14)).
Can I sell a property without a licence?
The law allows it if the deed states that the seller has no planning title. The legalisation risk passes to the buyer.
For how long can a licence be declared void?
As a rule, three years from issue, with exceptions for national monuments and criminal facts (Article 69(4)–(5)).
We review pending applications under the new regime and audit the planning title before any purchase. Book a meeting.
Read also
No decision from the council: tacit approval · Use permit in Portugal in 2026 · Real estate due diligence
Sources
- Decree-Law 108/2026 of 29 May, RJUE revision and republication (Portuguese)
- Decree-Law 155-B/2026 of 31 July, entry into force (Portuguese)
- Rectification Statement 29-A/2026/1 (Portuguese)
- Ordinance 320/2026/1 (Portuguese)
- RJUE — Decree-Law 555/99, consolidated version (Portuguese)
- Code of Administrative Procedure, consolidated version (Portuguese)
Official Portuguese Gazette (Diário da República), consolidated versions; links checked on 18 October 2026. Always confirm the version in force on the date of your decision.
General information, updated on 18 October 2026. It does not replace an analysis of the specific case and is not legal advice.