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Buying a house to remodel, building on land or converting a store into housing are decisions that often start with a simple question: “Can I do this?”

It is precisely these issues that Decree-Law No. 108/2026, of May 29, focuses on. The legislation reviews the Legal Regime for Urbanization and Building, known as RJUE, and also changes the urban rehabilitation regime.

In common language, it deals with the rules for constructing, carrying out works and using buildings. The review seeks to resolve difficulties arising with the Simplex Urbanístico of 2024, clarifying procedures and documentation that proves the urban status of properties.

The general entry into force was set on October 1, 2026, by Decree-Law No. 155-B/2026. There are provisions with their own calendar, so this date should not be interpreted as applying, without exception, to all the rules of the legislation.

Building work can follow different procedures

To understand the regime, it is necessary to distinguish three situations.

In licensing, the operation depends on a decision by the City Council.

In prior notification, the interested party presents the required documentation and can carry out the operation when the legal conditions are met, including payment of fees and communication of the start of work.

There are also works exempt from licensing and prior notification. The exemption refers to the procedure: there are still construction, safety and use rules to be respected.

The applicable path depends on the work, location and existing urban planning rules. It is not the owner’s free choice.

Land for sale does not guarantee permission to build

Before buying land, it is necessary to check what can be built on that location.

An important tool is a Request for Prior Information (PIP), which allows you to ask the municipal council about the feasibility and conditions of the proposed development.

For example, anyone who intends to build a house must clarify the location, area, height and permitted uses.

Sufficiently detailed prior information may allow exemption from license or prior notification, under legal conditions. However, this possibility is linked to the operation specifically assessed, the validity of the information and compliance with the established conditions.

Projeto de arquitetura a ser analisado sobre uma mesa
Illustrative photography · Unsplash

Renovating a home starts with understanding what will change

Painting a room or repairing finishes is different from demolishing a wall.

A conservation intervention may be exempt from license. An interior change requires understanding whether it interferes with the load-bearing structure, the exterior or other relevant elements of the building.

Imagine that you want to join the kitchen to the living room. Before removing the wall, you must confirm its function with a qualified technician. When the intervention affects stability, specific technical requirements apply, including legally necessary designs and liability terms.

A statement of responsibility is a declaration in which the qualified professional accepts responsibility for compliance with the applicable rules. Administrative simplification does not remove that responsibility.

Prior notification: submitting documents is not enough

prior notification allows progress without waiting for a municipal authorization decision, when the operation falls within this regime.

But the process must be correctly instructed. It is necessary to present all applicable elements, comply with the standards, obtain the mandatory external opinions and satisfy the remaining legal conditions.

For example, a construction on a lot with previously defined parameters may fall under this procedure. This does not allow exceeding the permitted area or number of floors.

The municipal council maintains powers of subsequent control. If non-compliance is identified, it may make execution unfeasible and adopt measures to restore legality. The delivery receipt of a process does not guarantee, in itself, that everything contained in it is legal.

Deadlines do not mean approval of any work within 20 days

One of the changes consists of reorganizing the deadlines for the different licensing phases.

The 20-day deadline provided for certain decisions on construction and demolition works does not correspond to a promise to resolve the entire process, automatically counted from the first delivery.

Architecture analysis, specialty projects, required consultations, and counting rules influence the calendar.

The so-called tacit approval — an approval resulting from the lack of a decision within the legal deadline — also depends on the assumptions set out in the law.

For those who are going to build, the practical consequence is clear: before scheduling the start of the work, they must confirm what stage the process is at and whether there is already a legal basis to move forward.

Modular homes and reconstructions also have rules

The material of a house does not, in itself, determine the exemption from urban planning procedures. A construction incorporated into the territory with a permanent nature can be considered a building, regardless of the construction system.

Likewise, rebuilding has its own legal meaning: restoring a building in accordance with its last valid antecedent. Increasing the area, height or volume can transform the intervention into an extension.

Before ordering a modular house or buying a ruin to rebuild, it is important to check the concrete framework of the operation.

Finishing the work and starting to use the property are different stages

Completion of work does not exempt procedures related to use.

The regime distinguishes use after certain works subject to urban control from other situations, including changes of use. Documentation and terms of responsibility vary depending on the framework.

The rectification of the legislation also corrected provisions relating to the technicians responsible for these documents. Therefore, the original text must be read together with the published corrections.

Anyone who intends to transform a store into housing must confirm both the admissibility of this use and the technical conditions and procedure necessary for the space to be used legally.

When buying and selling, urban information gains importance

The legislation clarifies the urban planning title, which documents the operation and integrates the legally required elements. An isolated proof of payment does not necessarily replace this set.

In the transfer of urban properties, the status of the title must be recorded: whether it was presented, whether the seller declares that he has it but does not present it, or whether he declares that the property does not have it. The lack of the required mention may make the deal voidable.

Declaring that a property has no title does not legalize an irregular work. For the buyer, knowing this situation allows them to evaluate what they are purchasing before making a commitment.

The decision starts before you sign

For those who buy or prepare works, there are three questions that help organize the decision: what is the current situation of the property, what is permitted in that location and what procedure does the intended intervention require?

Request the available documents, compare them with what exists on site and clarify the differences with competent professionals. This work allows you to understand costs, conditions and limitations before moving forward.

Are you preparing a purchase or sale? Talk to me, Margarida Ruivo, and take the next step with close and personalized support.

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Article prepared based on legislation consulted on October 3, 2026. The examples are illustrative; The scope of each operation depends on its characteristics and location.

Sources and photographs

Official Gazette • Decree-Law no. 108/2026, of May 29; Decree-Law No. 155-B/2026, of July 31; Declaration of Rectification no. 29-A/2026/1, of July 27; RJUE, in the applicable wording.

Illustrative photographs: Unsplash. Housing interior and architectural design. They do not represent specific Casa Ideal® properties or services.

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