Date note (31 July 2026): the RJUE reform (Decree-Law No. 108/2026 of 29 May) was scheduled for 3 August 2026, but on 23 July the Government approved postponing its entry into force to 1 October 2026. The postponement only takes effect once promulgated and published in the Diário da República. A Rectification Statement No. 29-A/2026/1 of 27 July was also published. Before scheduling a deed, confirm the date actually in force in the Diário da República (dre.pt).
The reform changes how you license — and therefore how you must verify before buying. The new Legal Framework for Urbanisation and Building (RJUE), approved by Decree-Law No. 108/2026, streamlines licensing by shifting responsibility from councils to private parties. For buyers, the consequence is counterintuitive: with less prior control by the municipality, the buyer’s due diligence becomes more decisive, not less. Here are the precautions to take.
The underlying shift: less council upfront, more responsibility on those who verify
Prior notification ceases to be a mechanism of prior control by the council and becomes a declaration of responsibility by the interested party: works may begin after paying the fees and notifying commencement, without any permissive act by the municipality. It is faster for those building — but it means the council’s “stamp” no longer exists in many operations. A buyer can no longer assume that, because something is built, the council checked everything. That verification now falls to the purchaser.
1. Confirm the urban title — and the “right” title
Transactions transferring urban property must now state whether the property holds an urban title, and omitting that statement makes the transaction voidable. Moreover, the statute redefines what counts as a title — the mere proof of self-assessment of fees is no longer sufficient. Having “a document” is not enough; you need a valid title on the new terms. Confirm it before committing capital.
2. Deal with the statement in the promissory contract, not at the deed
The duty to state the title falls on the deed (or authenticated private document), not on the CPCV. But it is in the promissory contract that the buyer is protected: require the title at that stage and make its existence a condition precedent, with defined consequences if it is not confirmed. Discovering the problem at the notary’s office, with the deposit already paid, is the worst-case scenario.
3. Use permit and conformity of use
Check the use permit and the match between the licensed use and the actual use. The RJUE clarifies that the use title transfers automatically with ownership — there is no need to “transfer it” to the new owner — but that does not remove the need to confirm it exists and covers the intended purpose.
4. Request the land-registry certificate — now more informative
Plot subdivisions become subject to mandatory registration in the land registry, and the council must notify the registry office of the invalidity, lapse or revocation of subdivision licences. In short: the land-registry certificate now gives a more faithful picture of the property’s legal status. Always request it, and read it in light of these new entries.
5. Beware of “ongoing” operations and tacit approval
A request may be deemed tacitly approved once the deadline elapses. Before buying a property whose regularisation is under way, confirm what is actually titled — not merely what was submitted. The difference between “application filed” and “operation titled” is often the distance between a sound deal and a liability.
6. If there are works without prior control, confirm who is liable
In operations exempt from a licence or prior notification, conformity is ensured by the technicians’ statements of responsibility. When buying, confirm those statements exist and that the works match what was declared. Liability rests with whoever declared — but the property, and the problem, stay with the buyer.
Before buying, verify — especially now
The paradox of the new RJUE is this: by easing prior control to speed up construction, it transfers to the market — and to the buyer — the burden of confirming. Those who buy well informed gain; those who trust that “someone must have checked” are exposed. Rigorous due diligence is no longer mere prudence: it is the safety net the law no longer guarantees.
Read also
The urban title in property transfer contracts · The use permit · Real estate due diligence
Buying a property? Paulo Silva Silva, Lawyer, carries out the planning and registry verification of the property and adapts the promissory contract 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, together with its postponement and rectification, should be confirmed in the consolidated version in force in the Diário da República (dre.pt) before any decision.