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Housing License: Obligatory Situations

24 JUNI 2022
Onderwerpen
Dicas Mercado Imobiliário Destaque Notícia Homepage Obra Nova Licença de Utilização
If you are in the process of buying, selling, building, or renting a property, you will need a Housing License.
Housing License: Obligatory Situations
The Housing License is crucial, whether it is to prove the habitability of the property during the purchase or sale, or to obtain the license after the property is built. It is a mandatory document. 

Housing License
The Housing License is a legal document that proves the habitability conditions of a property, which are attested by the City Council to which it belongs. 

The attribution of this license only happens after an inspection to the property by the City Hall technicians where they validate the fulfillment of the requirements demanded by law.

Habitation License vs Utilization License
The Housing License and the License de Utilização are two distinct legal statements, although they are commonly confused. 

The main difference lies in the concept. That is, the first attests to the habitability of a certain property, that is, it identifies that the property can be inhabited because it meets the conditions required by law. The second, on the other hand, establishes the purposes for which the property should be used, separating itself into two categories: use for housing purposes or for non-housing purposes, which is the case of commerce, services, and industry.

Situations with Mandatory License
Any property destined for housing purposes needs to have a habitation license issued by the City Council of the location where it is located, after the necessary inspection to validate the mandatory legal requirements.

The presentation of this document is required in the following situations:
  • Purchase of a property - mandatory presentation at the time of the deed;
  • Sale of a property - mandatory presentation at the time of signing the promissory contract of purchase and sale, and afterwards, at the time of the deed;
  • Lease - owners must present the license when signing the lease contract;
  • Constitution of Horizontal Property - the attachment of this document to the process is mandatory;
  • Application for Housing Credit.

A housing permit must always be in accordance with the respective architectural project. This means that if, in the meantime, changes are made to the property, such as, for example, the construction of an annex or a swimming pool, or the enlargement of the house, these changes must be registered in a request for updating the License, so that the work done is legalized.

Requirements to obtain a License 
The precise requirements to obtain a license are set forth in Portuguese law, namely in the Regulamento Geral das Edificações Urbanas (General Regulations for Urban Buildings), approved by Decree-Law 38382, of August 7, 1951.

The requirements focus on four specific areas: electricity, gas, water, and sanitation, which will be subject to inspection by the municipality's technicians.

Applying for a Housing License
The request for a housing license must be made to the Municipality where the property is located, where an application must be filled out. Each Municipality has its own document, method, and price.

It should be noted that if you are buying a house that is still under construction, the builder should be the one to obtain the license.

License Validity
The housing license does not have an expiration date, and its renewal is only mandatory in case there are changes in the structure of the property. Should these changes occur, when completed, a new license must be requested at the City Hall. 

Exceptions
Properties whose construction date is prior to 1951 are not required to have a habitation license, considering that the law approving it came into force in that same year.

In the case of inheriting a property which does not have a license, the license must be obtained from the City Hall.

In this sense, and in the case of renting, the obligation to obtain a license also applies to properties built before 1951. 

Onderwerpen
Dicas Mercado Imobiliário Destaque Notícia Homepage Obra Nova Licença de Utilização
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