DL 10/2024 (Simplex Urbanistico): What Property Buyers in Portugal Must Now Check Themselves
Since DL 10/2024, verifying a property's licensing and compliance is the buyer's responsibility, not the notary's. Here's what changed and how to protect yourself.
7/5/20261 min read
Until 2024, buyers in Portugal could rely on the notary to confirm a property's habitation licence during the transfer process. That safety net is gone. Decreto-Lei 10/2024, known as the Simplex Urbanistico, removed this verification requirement to speed up transactions. The practical effect: if you buy a property with licensing problems, illegal alterations, or missing documentation, that is now your problem.
What changed with DL 10/2024? Before, a missing or irregular habitation licence could block the deed. Now the sale can complete anyway, and the buyer is expected to do their own due diligence before signing. Issues that were once caught automatically can transfer silently to the new owner, including responsibility for fines or the cost of legalising unauthorized works.
What should buyers check before signing the CPCV? At minimum: the habitation licence (licenca de utilizacao), the registered description versus the actual condition, unauthorized extensions or alterations, the energy certificate, and the technical condition of structure, roof, electrics, plumbing and moisture. Once the CPCV (promissory contract) is signed, your negotiating power drops sharply.
Does this apply to new builds too? Yes. Developers have a 5-year liability period for defects, but that only helps if defects are documented before you accept the deed. A snagging inspection before handover creates the written evidence you need to exercise the warranty.
How does an independent inspection protect you? A licensed engineer inspects the property before you commit, flags hidden defects and compliance issues in plain language, and delivers a bilingual written report you can use to renegotiate the price, demand repairs, add protective clauses to the CPCV, or walk away. At Oporto Home Inspections, pre-purchase inspections in Porto start from 500 euros including VAT, with a full report in English and Portuguese within 48 hours.
Buying in Porto or northern Portugal? Talk to us before you sign anything: hello@oportohomeinspections.com or +351 934 934 630.
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Vila nova de Gaia, Portugal, 4400-108
+351 934 934 630
hello@oportohomeinspections.com
