Under the Law Decree Nº. 68/2004, of 25 March, it became mandatory to provide the purchaser with all acts of the deed involving the acquisition of ownership of a residential building or fraction, a Technical Record of the building, without which it cannot be celebrated.
This legal obligation applies only on new property, and in the beginning of the regulation it is determined that the rules do not apply to the following cases:
– To buildings constructed before the entry into force of the General Regulation of Urban Construction, approved on August 7, of the year 1951
– The buildings built before 2004 and for which there is usage license issued or for which have been required the issue in the local council at the date of entry into force of the law statute, ie, March 30, 2004.
– Habitation Licence Portugal
All residential properties constructed after 1951 need a habitation license confirming that the local authority, Câmara Municipal, has inspected the property and that it complies with planning permission and building regulations.
– License of Use (Licença de Utilização)
Obtain a copy of the usage license from the Local Town Hall. In this document you can check if the property is approved for the proposes of the original building permission. For residential property it is necessary to have a habitation license. For non residential it is necessary to have a commercial or industrial license. This usage license document needs to be presented at the stage of signing the “promissory buying and selling” contract.
– A Dwelling Permit for a new house covers structural, electrical (except temporary power), mechanical, and plumbing work for the structure. It does not cover Public Works permits, water, sewer, or right-of-way.