In short
If the municipality does not decide within the statutory time limit, an application for a building permit or for prior planning information is deemed tacitly approved (RJUE, Article 111(c), Article 16(6) and Article 23(1)). A tacit permit is evidenced by the proof of payment of the fees, the last application filed, which contains the summary of the operation, and the proof of submission (Article 4-A(2)(b)). A certificate can also be requested, issued within eight working days (Decree-Law No. 135/99, Article 28-B). Tacit approval does not cure illegality: if the project breaches the municipal master plan (PDM), the act is null and void (RJUE, Article 68), and nullity may be declared within three years (Article 69(4)).
The application was filed, the deadline passed and the council said nothing. The developer, the architect and the buyer all ask the same question: can I go ahead? As a rule, the law says yes. But the answer is only safe after three checks: whether the time limit has really expired, how the permit is evidenced and whether the project complies with the plan.
How long the council has to decide
The RJUE sets maximum periods for each stage. Decision periods only start running after the preliminary review or, where external bodies are consulted, after receipt of the last opinion.
| Stage | Maximum period | Provision |
|---|---|---|
| Preliminary review (request for amendment, preliminary rejection or extension) | 20 days from filing | Art. 11(2) |
| Prior planning information (Art. 14(1)) | 15 days from the end of the preliminary review | Art. 16(1)(a) |
| Prior planning information (Art. 14(2)) | 30 days; 45 days for land subdivision | Art. 16(1)(b) |
| Architectural design | 30 days | Art. 20(3) |
| Permit for building and demolition works | 20 days from submission of the engineering designs (or from approval of the architecture, if filed with the application) | Art. 23(1)(a) and (2) |
| Land subdivision permit | 45 days | Art. 23(1)(b) |
| Urbanisation works permit | 30 days | Art. 23(1)(c) |
Three rules change these calculations:
- Silence at the preliminary review. If, within 20 days, the council neither rejects the application nor asks for it to be corrected, and gives no notice of an extension, the application is deemed properly filed and the decision period cannot be extended (Art. 11(5)).
- Extension. For prior information under Article 14(2), land subdivision and urbanisation works, the mayor may extend the period once, by an equal period, on grounds of special complexity, but must give notice before the end of the preliminary review (Art. 16(7) and Art. 23(8)).
- External consultations. Where bodies outside the municipality must give an opinion, periods run from receipt of the last opinion or from the end of the period for issuing it, whichever comes first (Art. 16(2), Art. 20(3)(c) and Art. 23(3)(c)).
How periods are counted. The RJUE has no counting rule of its own, so Article 87 of the Code of Administrative Procedure (CPA) applies: the day of the triggering event is not counted, and the period is suspended on Saturdays, Sundays and public holidays. In practice, periods run in working days. If the last day falls on a day the office is closed, it moves to the next working day (points (b), (c) and (f)). Tacit approval arises if notice of the decision is not dispatched by the first working day after the period ends (CPA, Art. 130(2)). The period is suspended while the procedure is stalled for reasons attributable to the applicant (Art. 130(3)).
How a tacit permit is evidenced
Under Article 4-A(2) of the RJUE, the permit is evidenced, for all legal purposes, by the proof of payment of the fees and other charges, by the last application filed, which contains the summary of the urban operation, and, in the case of tacit approval, by the proof of submission. Fees may be self-assessed under the municipal regulations (Art. 117(5)).
Ordinance No. 320/2026/1 approved the standard application forms. We explain its scope in the article on the RJUE forms and required documents.
Where a bank, a notary or a buyer requires formal proof, a certificate of tacit approval may be requested under Article 28-B of Decree-Law No. 135/99. The request is filed with a scanned copy of the initial application. The competent entity asks the municipality, electronically, whether an express decision was notified, and issues the certificate within eight working days of receiving the request (paras. 1 to 5).
Tacit approval is not a blank cheque
The council’s silence replaces the decision. It does not replace compliance with the law. Permits and prior information decisions are null and void if they breach the municipal or inter-municipal plan, preventive measures, interim rules or the land subdivision in force, or if the legally required consultations were not carried out (RJUE, Art. 68). Nullity affects express and tacit acts alike.
The reform introduced a time limit. Under the wording in force since 1 October 2026, the power of the issuing body to declare nullity lapses three years after the act was issued. The right to bring an administrative or popular action lapses within the same period. National monuments and their protection zones are excluded (Art. 69(4)). If the facts constitute a crime, the applicable limitation period governs (Art. 69(5)). For a tacit act, the law does not say how the “date of issue” is fixed. The prudent reading counts the period from the date the tacit approval arose.
What to do once the period has expired
- Rebuild the timeline of the procedure. Fix the reference date of each stage (filing, end of the preliminary review, receipt of the last opinion) and count in working days.
- Rule out suspensions. Confirm there was no request for amendment, no notified extension and no standstill caused by the applicant.
- Pay the fees and keep the receipts. Without them there is no title (Art. 4-A(2)).
- Request the certificate of tacit approval when third parties need formal proof.
- Check compliance with the PDM before investing. A tacit approval that breaches the plan is exposed to nullity for three years.
- Inform the council at least five days before works start, identifying the person in charge of execution (Art. 80-A(1)).
Frequently asked questions
How long does a Portuguese council have to decide on a building permit?
It depends on the operation. For building works, 20 days from submission of the engineering designs; for land subdivision, 45 days; for urbanisation works, 30 days (RJUE, Article 23(1)). The architectural design is assessed within 30 days (Article 20(3)). Periods are counted in working days under Article 87 of the Code of Administrative Procedure.
What happens if the council does not decide in time?
The application is deemed tacitly approved (RJUE, Article 111(c)). Tacit approval arises if notice of the decision is not dispatched by the first working day after the period ends (CPA, Article 130(2)).
How do I prove to a bank or notary that I have a permit?
With the proof of payment of the fees, the last application filed, which contains the summary of the operation, and the proof of submission (RJUE, Article 4-A(2)(b)). You may also request a certificate of tacit approval, issued within eight working days (Decree-Law No. 135/99, Article 28-B).
Can the council later annul a tacit approval?
It can declare it null and void if the project breaches the PDM, preventive measures, interim rules or the land subdivision, or if a mandatory consultation was missing (RJUE, Article 68). Under the wording in force since 1 October 2026, that power lapses three years after the act was issued, except for national monuments and their protection zones (Article 69(4)).
What if the council does not carry out the preliminary review within 20 days?
If the council does not reject the application, ask for corrections, close the procedure or give notice of an extension within 20 days, the application is deemed properly filed. From then on, the decision period cannot be extended (RJUE, Article 11(2) and (5)).
With a tacit permit, can I start works?
Once the fees are paid and the documents evidencing the permit are in hand, yes. Before starting, you must inform the council at least five days in advance, identifying the person in charge of execution (RJUE, Article 80-A(1)). Check first that the project complies with the plan, because tacit approval contrary to the PDM is null and void.
The firm handles stalled planning procedures, counts the periods and prepares evidence of tacit approval, including for financing and completion. Book a meeting.
Read also
Ordinance No. 320/2026/1: RJUE forms and required documents · The new RJUE: what changes from 1 October 2026 · Urban planning lawyer in Sintra, Amadora and Loures
Sources
- Legal Regime for Urbanisation and Building (RJUE, Decree-Law No. 555/99) — consolidated version (Arts. 4-A, 11, 16, 20, 23, 68, 69, 80-A, 111, 117)
- Code of Administrative Procedure — consolidated version (Arts. 87 and 130)
- Decree-Law No. 135/99 of 22 April — consolidated version (Art. 28-B)
- Decree-Law No. 108/2026 of 29 May (RJUE revision)
- Ordinance No. 320/2026/1 of 31 July
Official Portuguese Gazette (Diário da República), consolidated versions; links checked on 17 October 2026. Always confirm the version in force on the date of your decision.
General information, updated on 17 October 2026. It does not replace an analysis of the specific case and is not legal advice.