A property without a use permit is a problem waiting to happen. The use permit (licença de utilização) is the municipal document certifying that a property is fit for its intended purpose — housing, retail, services. Checking it before buying is one of the simplest, and most decisive, steps of due diligence.
What it is and what it is for
The use permit certifies that the works conform to the licensed project and that the property is fit for the declared use. For properties built after 1951 it is, as a rule, required; its absence or a divergence between the licensed use and the actual use creates serious contingencies.
Why its absence blocks the deal
Without a use permit — or with one that does not match reality — the buyer may face refused bank financing, letting made unviable and resale made harder. At the deed, its mention is, as a rule, mandatory, and its absence may prevent completion.
Licensed use vs actual use
A property licensed for retail cannot, without more, be used as housing — and vice versa. A change of use requires its own procedure with the council. Buying while counting on a use that is not licensed means taking on a risk that often only surfaces late.
What about older properties?
Properties predating 1951 may be exempt from a use permit, but require other documentary proof of their age and fitness. Each case must be confirmed — the exemption is neither automatic nor universal.
Before buying, confirm the permit and the use
Requesting and reading the use permit, confirming it matches the intended use and detecting any unlicensed works is a low-cost check that avoids a high-cost problem.
Buying a property? Paulo Silva Silva, Lawyer, carries out the documentary and planning due diligence of the property before the deed. Book a meeting or contact paulosilvasilva.adv@gmail.com · 916 055 901.
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Real estate due diligence · Urban-planning licensing 2026 (new RJUE) · Real estate lawyer in Lisbon
The information in this article is general and institutional in nature; it does not constitute legal advice and does not create a client relationship. Always confirm the version in force of the applicable statutes in the Diário da República (dre.pt) and the specific situation with the municipal council.