Whether you are going to build, buy or sell a house, you need to have a housing permit. See in this article what it is and how to get it.
If you've already built or bought a house, you've probably heard of the housing or habitability permit.
This license is extremely important, as it certifies that the property has all the necessary conditions to be considered habitable. In addition, this is one of the essential documents when buying a house and without it, you can neither apply for a bank loan nor make the purchase and sale deed.
In this article, we explain what the housing permit consists of, what its purpose is and how to apply for it.
Housing permit: what does it consist of?
The Housing Portal has a
glossary with a series of terms related to this theme. It is here that we find the definition of housing license: “document issued by the City Council of the area where the property is located, which attests to its habitability, after verifying compliance with the legal conditions required for its issuance”.
From this definition, it is possible to retain three essential points:
- The housing license is issued by the City Council to which the property belongs;
- The objective is to certify that the house is habitable;
- The granting of the license only takes place after an inspection by the municipality.
Necessary requirements to obtain a housing permit
A work is only officially finished when it meets the requirements set out in the law that deem it habitable or suitable for its intended use. All these conditions are found in the
General Regulation of Urban Buildings and, in general, concern
issues such as sanitation, water, electricity and gas.
In addition, the property must be in accordance with the architectural design, otherwise, a new design that includes all the changes made will have to be delivered. Only then will you be given the proper license.
If you have purchased a house that is still under construction, it is the construction company that takes care of all these bureaucracies. In fact, only if you are building a house from scratch will you have to worry about these more technical details, as you will have to take care of everything yourself.
In what situations is it mandatory?
A housing permit is required in various situations. To know:
- To apply for a mortgage loan;
- When establishing a horizontal property (division of a residential building in different fractions);
- In carrying out a deed of purchase and sale of a home (whether buyer or seller);
- Upon entering into a lease agreement (according to the New Urban Lease Regime (NRAU).
As you can see, this document is required in many phases of processes related to housing. Therefore, if you have inherited a house intended for housing and do not have this license, go to the respective city council and start the process. The lack of a housing permit is an infraction punishable by law.
How to apply for a housing permit
It is the City Council that grants this license, therefore, to apply for it, you should go to the town planning services of the municipality in the area where the house is located.
Each municipality has its procedures and its prices, but to start the process you will have to start by filling out an application for this purpose.
As a general rule, this is the final step in the construction of a residential house, as after ensuring that the building meets all legal requirements, it is authorized to be used as a dwelling.
Is it valid?
There is no need to renew the housing license, unless there is a new construction that changes the initial projects. In other words, we may be talking about a change in the structure of the building, or the construction of a swimming pool or an annex, for example.
If there is a new work, a building permit will be requested and, when this is finished, you will have to apply for a new housing permit. At this stage, you will have to deliver the new architecture projects, so that all modifications are duly legalized.
Are there any exceptions?
The obligation for a work to meet certain requirements to be considered habitable was imposed by the General Regulation of Urban Buildings (RGEU) in 1951. Therefore, all buildings prior to this date are exempt from the license to inhabit, or to use them.
However, if there have been changes in this building, such as reconstructions or expansions, there is a need to apply for a license. In any case, the City Council will always inspect the site, in order to ensure that the house has the proper safety and habitability conditions.
Furthermore, in the case of a lease, the NRAU rules also cover buildings prior to 1951. Therefore, if you intend to rent a house prior to that date, you will have to present the license to carry out the lease agreement.
Source: Doutor Finanças
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