Source: Freepik Author: Redaction The user licence was no longer compulsory after the new licensing simplex came into force in January of this year following a legislative amendment aimed at simplifying procedures and licences. However, there are records that this legislative change is causing problems, with several houses for sale on the market without a license , promoted by investment funds that acquire portfolios of bad loans to banks. From the beginning the diploma was criticized and dismayed, dropping the obligation of use licenses or technical sheets of housing in the sale of houses, leading the sector to react with criticism and warnings. First of all, it was felt a lack of consideration of families who want to buy a house, since, in this way, they can buy houses without a license, often being prevented from accessing housing credits. Still, the new legislation gave impetus to the real estate market, with more houses coming to the market to be sold, increasing the housing supply in Portugal . In the advertisements, the absence of the user license or the fact that the box has to be carried under simplex are indicated. Although there are several ads with these indications, there are many others that do not provide due information to potential buyers, creating the risk of having houses for sale without proper licenses, which has led to the Notaries Order (ON) to prepare to present a repeal of the standard , so that the transmission of the property with the municipal consultation, in order to know whether or not it is licensed, is again mandatory. Follow more topics like this: About 1.5 million PARI cases were initiated in 2023 , Real estate scams: what you should do to avoid this situation or New urban simplex is generating confusion in municipalities
Source: Freepik Author: Redaction Having your own home can be achieved through, for example, the purchase of a property already built, ready to live, or a land where you can proceed to the construction of your dream home , through a project and license. This second option is increasingly adopted by families, who find in it a more economical and personalized solution, and can be cheaper than buying a new property. Still, as with the traditional purchase of a property, building a house from scratch can involve a large investment that requires some financing from the bank. What is building credit? Construction credit is a banking modality granted for the financing of expenses with works, constructions and interventions in real estate, allowing the borrower to take greater liberties with regard to the size of the property, typology, finishes and other features involving costs. Before, housing credit was only granted to those who had already bought a land with viability for construction , and the bank loan did not cover the purchase of the same, however, currently there are already several banks that facilitate the process, offering credit both for the acquisition of the land and for the respective construction works. Thus, very similar to housing loans, being a variant of this type of financing, construction credit focuses specifically on construction/construction costs. Main features To begin with, it is necessary to consider that the amount of this loan is established on the basis of the assessment of the architectural project and its project specifications , as well as the construction budget, calculation of the implicit expenses to determine the amount necessary for financing . Once approved, this credit is paid by the bank in tranches - or installments - being delivered as construction is carried out. At this stage, site surveys are carried out by experts from the bank or financial institution to ensure that everything is going as planned , and the land on which the construction is being carried out is given as collateral to the bank. Another important thing to retain is that this loan has a grace period of capital that can range from 24 to 36 months , implying the payment of interest during this period. This allows financial relief in the early stages of the process. What should you pay attention to when applying for this type of credit? If you submit an application for construction credit, you should take into account that you will not be given the full amount requested, as in housing credits. Therefore, before proceeding, consider that, usually, the maximum amount of this credit corresponds to 90% of the total value of the construction, which is determined through the initial evaluation of the land, the specifications, architectural design and budget presented. Then there are banks and financial institutions that can present you the money only after the construction has started, implying that you are the one to bear the charges at the beginning, with equity, until the delivery of the first tranche of the payment. And finally, if you choose a credit for the purchase of land, then to build a house there, the total amount borrowed by the bank may be higher, as it is allocated separately through a percentage corresponding to the land and another for the construction. It is important to note that each situation is specific and the allocation of amounts may vary from bank to bank and from case to case , and may, in situations such as applying for a loan for the construction of the property, have to be the owner to advance with 10% of their equity, with the bank to finance the rest. Important points: • To obtain a housing loan it is imperative that the land where you want to build (if you are the owner or are going to buy one) has feasibility of construction; • If you apply for credit without having the construction project, it is advisable to deal with the City Council before approving the construction of the land; • Calculate your expenses to know exactly how much money you will need for interventions , including architectural projects, license applications and project execution. Are you clear about these procedures? Read also Preventive maintenance: understand the importance of this concept , Are you going to remodel the house? Know the associated expenses and Will buy a house in plan? Advantages and disadvantages
Source: Pexels Author: Redaction New forms of housing are emerging influenced by socio-economic changes on a global scale, which give rise to trends, new alternatives to traditional home and nomadic ways of life that require different bureaucracies for the issue of housing. Technology and the evolution of industrialization in construction is pushing many people to more economical housing solutions, such as prefabricated houses, modular houses or even motorhomes. Differences between tax domicile and tax address, what are they? The tax domicile includes procedural and procedural issues, which imply, for example, the collection of taxes to correct or submit declarations, or be called to execution, among other situations. Tax residence, on the other hand, is the information that receives whether or not a taxpayer has a strong enough connection to be taxed in national territory, which, roughly speaking, translates into the fact that the taxpayer has its own and permanent housing, where you stay overnight, receive your friends and family, make your meals, spend your free time - basically, live -, being a property of your own or rented. The tax domicile is determined in accordance with Article 19 of the General Tax Law based on the place of habitual residence . This can coincide, most often, with the taxpayer’s own and permanent housing. Can tax domicile apply to motorhomes or prefabricated houses? To be considered a habitual residence, the fiscal domicile must presuppose a degree of geographical permanence. Thus, someone who lives in a motorhome, which will be in constant travel, is not applicable to tax domicile, so it is impossible to determine their specific location for the allocation of procedures or processes. On the other hand, a motorhome affects on a permanent basis, if so registered, remaining settled or fixed in the same place for a period of more than one year, can be considered tax domicile , even if small changes are covered on the place where it is located. That is, a motorhome with this allocation can make small transfers to locations in the surrounding area. The same applies to prefabricated or modular houses, which can be considered permanent and fixed, although they are not literally fixed to the ground. For this purpose, they are considered buildings , without any doubt that they can be a fiscal domicile. What procedures should you have to establish fiscal domicile and prefabricated houses? To constitute fiscal domicile in this type of housing, they must be duly licensed by the City Council , in the same procedures in which the licensing processes required for the construction of conventional housing are constituted. According to the Legal Regime of Urbanization and Building, more specifically Article 2 on the concept of buildings, a house is legible at home tax if it is a housing intended for housing or permanent use , or, for example, by installing a restaurant, bar or shop open to the public, for which a licensing process is required , even if it is not mandatory that the dwelling has characteristics of permanence and immobility of the ground. Were you able to tell the difference? About Housing, other topics that may interest you: Cancel the mortgage: everything you need to know , Preventive maintenance: understand the importance of this concept or What is the Gross Private Area?
Source: Freepik Author: Redaction Youre getting closer to the final goal: formalising the deal to sell your house. At this stage, the first thing you need to do is get all the necessary documents in order, including deeds, energy certificates, building licences and any other relevant paperwork. By organising these papers, even before the deal is formalised and the promissory contract signed, youll save time when the time comes to go ahead with the deal. This proactivity should come from you, regardless of whether or not you are being accompanied by a real estate agency. However, it is most likely that, while the publicity processes and visits to the property are taking place, the agency accompanying you will ask you to start gathering this essential documentation. But lets break it down. Do you have an interested party for your property? Well tell you what to do from here! Discuss the sale price of the house Youll need to start negotiating as soon as someone expresses an interest in the house youre selling. From the outset, and if youve followed all the steps weve explained to you in previous articles, namely Valuing the property when selling: how and why , you should have already set a final value for the sale , however, and because many buyers like to haggle, this can be a changeable figure. Even so, you shouldnt lower or raise the price just because you have to . In negotiations, you should always set a reasonable minimum target that you cant go below, and negotiate according to this. Once youve agreed on the price, make sure you have all the documents well talk about below so that you can finally proceed with formalising the deal. What documents you need to have in order to proceed with the sale If youre not familiar with the bureaucracy associated with selling a house or know little about the property market and how these procedures work, all you need to know is that, in order to go ahead with the sale, you must have in your possession a series of important documents, required by law during the sale process, to formalise the sale: - Up-to-date permanent land certificate - Caderneta predial urbana - Licence to use - Technical data sheet for the property - Energy certificate - Property description - Building plans - Deed of sale - Citizens card Well explain what each of these documents is about. Updated permanent land certificate You can obtain this document from the Land Registry Office , which basically allows you to c onsult the entire history of the property - with information about construction, inheritance or possible associated liens. Caderneta predial urbana In this document, youll have access to all the information about the property from a fiscal point of view , namely the owner of the property and its tax value, as well as its location and characteristics. This will be one of the most important documents for formalising the deal through the promissory contract of sale. Using the urban land registry you can calculate the Municipal Property Tax (IMI) and the Property Transfer Tax (IMT), so its essential to keep it up to date. Licence to use The purpose of this document is to prove that the property has been previously inspected and is in full compliance with the work carried out, projects approved by the competent authorities and the legal regulations in force , as well as to prove the suitability of the building or autonomous fraction for the intended purpose. Property technical sheet This technical sheet will give you information on the technical and functional characteristics of an urban building for residential purposes , once the construction or reconstruction work has been completed. It can be requested from the National Civil Engineering Laboratory and the Directorate-General for the Consumer, and the requirement for obtaining it is that the buildings have been built or have undergone extension, construction or reconstruction work after 30 March 2004. Energy Certificate This is a document where you can find not only an assessment of the propertys energy efficiency, on a scale from very inefficient (F) to very efficient (A+), but also information on the propertys characteristics , such as insulation, types of ventilation, air conditioning and hot water production, and their effect on energy consumption. It also includes improvement measures that suggest ways to lower energy consumption and an indication of the tax benefits and types of financing available. Property description You only need to present this document if there is a mortgage associated with the property , which is presented at the time of the public deed when the property is transferred, as it proves the cancellation of the mortgage associated with the house you are trading . It is a document issued by the bank. Property plans These drawings of the property describe its constitution, in terms of rooms, available spaces and other elements that can help with the sale of the property, as they will give you a complete view of the house and its areas . You should have this document in your possession, as i t may be requested by the bank from the property buyer when applying for a home loan, or by the buyer themselves when making their decision. Deed of sale This document is mandatory in order to proceed with the sale of a property, as it verifies the conditions of the previous transaction. Once these documents have been gathered, you will move on to the crucial stage of the process of selling the house, which is formalising the deal. You can find out all about this in the next SUPERCASA Notícias article!
Source: Freepik Author: Redaction The new urban simplex to simplify and speed up processes is creating confusion in several municipalities in the country, as revealed by the City Council of Lisbon (CML), responsible for urban planning, Joana Almeida. The new legislation, which only came into force at the beginning of this month, on March 4, has not yet been fully understood by the municipalities, which are in a chaotic state because they have little time to know and adapt to the new rules. The CML leader admits that the simplex demands a whole adaptation, criticizing the Government for having set a date to come into force so tight: is a criticism that I leave here to the Government, when defining the entry into force on March 4 and approving the ordinances [that regulate it], did not give the cameras time to make it work. Thus, there are many concerns about the subject, namely how people can apply the ordinances that came out in such a short time . The doubts about the practical operation of the new urban simplex are several , resulting in a wave of opinions coming from the various quadrants of the market, however, there is still no solution in sight presented by the executive. Read more similar topics in SUPERCASA Notícias
Source: Freepik Author: Redaction With the aim of simplifying bureaucratic procedures, changes to environmental licences were implemented in March 2023, making them more accessible. This process, although of greater relevance to companies, allows them to apply for a single environmental licence for works involving activities with an environmental impact. What are environmental licences and who are they for? Environmental licences aim to guarantee a high level of environmental protection, ranging from the preservation of air, water and soil to the prevention of noise pollution and waste production. Required of any entity, regardless of economic activity, these licences ensure compliance with the environmental rules established by Decree-Law no. 127/2013. The licence is not required for residential construction, unless it poses a risk to specific infrastructures. Doubts should be clarified with the Portuguese Environment Agency. Single Environmental Licence (LUA) This procedure centralises the issuing of the Single Environmental Permit (TUA), which consolidates all decisions relating to the environment, including requirements applicable to establishments, activities or projects . Procedures covered by LUA: - Environmental impact assessment; - Prevention of major accidents involving dangerous substances; - Integrated pollution prevention and control; - European trade in greenhouse gas emission licences; - Waste management; - Incineration and co-incineration of waste; - Installations and activities using organic solvents; - Water resource utilisation permits; - Landfill operations; - Licensing of integrated centres for the recovery, reclamation and disposal of hazardous waste; - Waste management of mineral deposits and mineral masses; - Environmental impact assessment; - Air emissions regime; - Water production for reuse. When it comes to licence applications involving other entities, the Single Environmental Licence is linked to the different economic activity regimes: the Responsible Industry System (SIR), the Regime for the Exercise of Livestock Activities (REAP) and the Regulation on Licences for Electrical Installations (RLIE). How do I apply for a licence? The application is made through the SILiAmb platform, provided by the Portuguese Environment Agency. The first step in applying for a licence is to register on the platform. There are two ways to do this: - Through the Tax Identification Number (NIF) and Corporate Taxpayer Identification Number (NIPC). - Registering with your Citizens Card Fill in the form and, after registering, you must log in to access the platform. In the menu on the left, go to the Single Environmental Licence (LUA) module > Simulations > New Simulation. To complete this step, you must answer the questions on your licence application. The simulator guides the applicant through the questions on the application , placing the activity within the applicable environmental regimes and calculating the Single Environmental Fee (TAU). The application can be integrated or phased, depending on the applicants choice, generating a form with the necessary data. Once submitted, it is possible to follow all the stages of the process until the Single Environmental Permit (TUA) is obtained. Are you clear? Follow more topics like this: What certificates should my property have? SUPERCASA answers , What ESG is and how to apply it to your property or Bioarchitecture: the trend thats here to stay
Source: Freepik Author: Redaction Although most of the 26 measures of the licensing simplex will come into force on March 4, some have already been in effect since January 1 of this year, and prefabricated houses are covered by the law, and will now have to comply with the rules that already exist for buildings in general, as set out in the General Regulations for Urban Buildings (RGEU). Thus, prefabricated houses , technically known as modular constructions , are subject to licensing or prior control , depending on the circumstances of each specific case, as are allotment projects for new constructions , which now have to include areas for public housing, controlled costs or affordable rent . Modular housing is a popular trend in recent years , and can be much cheaper and quicker to build than traditional constructions, although it will have to comply with the same rules and regulations that already exist for general buildings. According to the measure, permanent constructions that are distinguished by using modular construction elements or systems , structural or non-structural, partially or totally produced in a factory, previously connected to each other or on site, regardless of their removable or transportable nature are now included in the simplex of licensing. Related: Architects denounce lapse in licensing simplex
Source: Freepik Author: Redaction The lack of housing in Portugal is a problem with many nuances, which has affected families from all walks of life. With the aim of alleviating this crisis, the new urban licensing simplex aims to simplify licensing for converting commercial property into housing , as well as eliminating licences and administrative bureaucracy. This law, promulgated on 4 January by the President of the Republic , will bring several new developments to the real estate market, as it will no longer be compulsory to present a licence of use when purchasing a property. However, despite simplifying processes, this update could jeopardise families and investors , as it increases the risk of buying properties with illegal constructions and consequently inhibiting the contracting of a housing loan, as well as other problems that may arise. Whats changing with the licensing Simplex? Although it only comes into force on 4 March , there are measures that have been in effect since 1 January, as published in the Diário da República. With regard to licensing, this decree-law eradicates the need to obtain urban planning licences, creating new cases of prior communication, exemption and waiver of prior control . Thus, works that increase the number of floors that do not alter the façades of buildings, or works in an area with a subdivision operation, construction plan or execution unit with urban design are exempt from licensing. There will also be a single notification to the applicant , and the Prior Information Request (PIP) will last two years instead of one. In addition, the building licence will be replaced by a receipt for payment of the fees due. Thus, Decree-Law 10/2024 eliminates licences, authorisations and disproportionate administrative requirements that create context costs , assuming the logic of zero licensing . Read also: Number of licensed buildings to fall by 9.7 per cent in 2023
Source: Freepik Author: Redaction The licence of use , also known as the use permit , is the document that defines the type of use permitted for a given building or fraction, namely housing or non-residential purposes such as commerce, services and industry. This document is issued by the local council, which must inspect the property to check its condition. In addition, this legal document certifies that the property: - Meets the legal requirements to be used; - Meets the legal and regulatory requirements or standards for its intended use; - Complies with the architectural project and speciality projects approved in the licensing process by the competent authority; - Verifies suitability for the intended uses. This licence should not be confused with the habitability licence, because although both are issued by the local authority, the utilisation licence only certifies the type of use permitted , while the habitability licence, as the name implies, certifies the habitability of the property, confirming that it meets the necessary conditions. The utilisation licence does not have a fixed expiry date , but it may need to be renewed if work is carried out on the property that makes any changes to the initial project. Why should you apply for a licence? There are many reasons to apply for this licence, as it proves that the property has been previously inspected and is up to standard. These are some of the situations in which you will need to apply for a licence: - Acquisition of real estate or independent fractions, namely when carrying out deeds of purchase and sale ; - Contracting loans ; - Carrying out rental contracts; - Setting up commercial and service activities, among others. How do I apply for a licence? The licence must be applied for at the town hall in the area where the property is located , and can be applied for in person or online. The first step is to fill in the appropriate application form , which can be requested at the town hall or found on the local authoritys website. To complete this document, you must have with you the location plans at a scale of 1:25 000 and 1:2 000 , with a precise indication of the building, and the Caderneta Predial . The procedure may vary between municipalities, so more documents may be required. The town hall charges a fee for the necessary surveys and opinions, ranging from 400 to 1,600 euros , depending on what is required. If the application is approved, the council will issue the licence. If you already have a licence and just need a copy , the process is similar and you will have to pay a fee for the copy, which can vary between 6 and 60 euros . Buildings that do not require a licence: - Buildings or fractions prior to 7 August 1951, the date on which the General Regulations on Urban Buildings came into force; - Spaces that are not habitable or can be used for commerce, industry or services, namely for advertising or other limited purposes. Also find out: What is Usucaption? SUPERCASA explains , Escritura da casa: find out everything you need and Topographic survey: why is it important?
Source: Freepik Author: Redação The decree-law that will reform and simplify licensing was approved last Thursday, 19 October, by the Council of Ministers. It is part of the More Housing programme and proposes to eliminate licences, authorisations, acts and procedures that are unnecessary or redundant in terms of urban planning, land use planning and industry. In this way, measures will be adopted that encompass the agriculture and trade, services and tourism sectors. According to the Executive, the decree-law covers the second phase of the process of simplifying administrative procedures and reforming licensing and is included in the Recovery and Resilience Plan and the Simplex Programme, following the approval of Simplex Ambiente. As for the objective, the government emphasises the simplification of procedures in the various sectors: the simplification of licensing in the field of town and country planning is intended to contribute not only to the simplification of procedures for companies, but also to the promotion of growth, investment and employment. On the other hand, with regard to the housing sector, the aim is to reduce the time and costs of building new homes . In addition to what is intended , the simplification of licensing will also have an impact on reducing administrative burdens and context costs, speeding up business activity . On this subject: Housing licences to be accelerated with new law
Source: Freepik Author: Redaction According to statements made by the Prime Minister at the opening of the Congress of the National Association of Portuguese Municipalities, legislation to speed up housing licensing will be approved next week, on 12 October. The aim is to increase the supply of properties on the market, after several complaints by professionals in the property sector about the length of licensing processes. António Costa explained: We are carrying out a thorough legislative reform of all the licensing processes. And on 12 October, the Council of Ministers will approve the diploma on simplifying construction licensing, particularly for housing, noting that it is necessary to make a qualitative leap in order to eradicate contextual costs in this type of process. In August, the governments decree reforming and simplifying residential construction licences had already been promulgated by the President of the Republic, Marcelo Rebelo de Sousa. However, he warned the Executive to pay attention to compatibility with building quality and safety criteria. Regarding this situation, the Portuguese Association of Real Estate Developers and Investors (APPII) has guaranteed that it will continue to work towards a good piece of legislative authorisation , which has been one of the strong themes for the sector, debated several times with other market professionals, considering that there are delays in licensing that condition the execution of projects and the increase in the supply of housing available on the market. The aim is therefore to eliminate dispensable or redundant licences, authorisations, acts and procedures in terms of industry, land use planning and urban planning. Read more: Results of the Sector Situation Survey - 2nd quarter 2023 , Rents rose more than 20 per cent in the 2nd quarter of the year or Building a house: what are the specifications?
Source: Freepik Author: Redaction AICCOPN sent SUPERCASA Notícias its housing statistics summary, with advanced production indicators showing that in the first seven months of the year, cement consumption on the domestic market totalled 2,308 thousand tonnes, which is stable year-on-year. With regard to municipal licensing , up to July there was a year-on-year reduction of 11.6% in the total number of licences issued for new construction or refurbishment work in residential buildings. As for the number of dwellings licensed for new construction, there was a year-on-year variation of +1.5 per cent, corresponding to a total of 18,973 dwellings. New mortgage loans totalled 10,662 million euros in July, an increase of 9.7% year-on-year. The implicit interest rate on mortgage loans rose by 2.97 percentage points to 3.88% in July. The median house valuation for bank loan purposes rose by 7.6 per cent year-on-year in July, as a result of variations of 7.8 per cent in flats and 4.9 per cent in houses. In the spotlight: Autonomous Region of the Azores In the Azores , the number of dwellings licensed for new construction in the twelve months ending in July totalled 551, down 10% on the 612 dwellings licensed in the previous twelve months. Of these, 17 per cent are studio or one-bedroom units, 32 per cent are two-bedroom units, 36 per cent are three-bedroom units and 15 per cent are four-bedroom units or higher. As for the bank valuation of housing, there was a year-on-year variation of 7% in July in this region. Also read: From 2018 to 2022 only 10 houses were sold for every 1 built , New housing construction rose 2.3% in July
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