DL 10/2024 (Simplex Urbanístico): What Property Buyers in Portugal Must Now Check Themselves
By Manuel R.2 min read
For years, a buyer in Portugal could rely on one quiet safeguard: at the deed, the habitation licence and the housing technical file had to be presented. With the Simplex Urbanístico (Decreto-Lei 10/2024), that is no longer the case.
What changed
The decree removed the obligation to present the habitation licence (licença de utilização) and the ficha técnica da habitação when a property is bought and sold. The deed can now go ahead without them.
In plain terms: the check that used to happen at the notary no longer happens there. If something is wrong with the property’s paperwork, nobody is obliged to tell you.
Why it still matters to you
- A property with unlicensed works, such as a closed-in balcony, an attic conversion or an extension, can now change hands without anyone flagging it.
- Many banks still ask for proof that a property meets the legal conditions for habitation before they release a mortgage.
- Problems that surface later, when you sell, rent or renovate, become yours.
What to check yourself before you sign
- Ask the seller for the habitation licence or, for buildings that predate the licensing rules (generally those built before August 1951), the municipal certificate that says so.
- Get the land registry certificate (certidão permanente) and the tax record (caderneta predial) and compare them with what you see: floor area, number of rooms, extensions.
- Ask for the energy certificate, and for apartments the condominium minutes and any debts.
- Walk the property with the plans or the registry description in your hand and note anything that does not match.
- Have a lawyer review the documents before the CPCV, not after.
Where an independent inspection helps
An inspection is not a legal check, and it will not replace your lawyer. What it does is tell you what the building is actually like: visible alterations that may not be on the paperwork, hidden damp, structural movement, old wiring. You can then take those findings to your lawyer and, if needed, back to the seller.
At Oporto Home Inspections we inspect homes across Porto, Vila Nova de Gaia and the North for buyers who want the truth about a property, not the sales version. Inspect with confidence.