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A property can look finished, renovated and ready to move into while its legal and planning history tells a different story.
For a buyer, the question is whether the alterations were legally permitted, properly documented and consistent with the property actually being purchased.
Why this matters after the Simplex changes
Portugal's urban-planning simplification changed several licensing and transaction formalities.
The 2024 reform removed the requirement to exhibit or prove the existence of the use authorisation or housing technical file at the property transfer itself.
That does not mean every property presented for sale is automatically compliant.
The law expressly requires the professional formalising a transfer of urban property to inform the parties that the property may not have the urban-planning titles necessary for its use or construction.
The practical consequence for buyers is simple: due diligence matters more, not less.
What alterations deserve checking?
Examples include enclosed balconies, converted garages, added bedrooms, attic conversions, extensions, façade changes, structural alterations, subdivision or combination of units and changes of use.
Not every alteration requires the same municipal procedure. The point is to identify what was done and what legal framework applied.
Compare the property with the records
The review can involve the Land Registry, tax record, plans, municipal file, planning records, condominium title and the physical property.
A discrepancy is a signal to investigate, not automatic proof that the purchase must stop.
Can the bank still finance it?
Sometimes, but bank approval is not a legal clean bill of health.
The lender protects its own security position. The buyer can still inherit problems affecting future works, resale, use or regularisation.
Need help with this?
Our legal team handles this process end to end. Get a clear assessment and a concrete plan.
Review my property planning riskCan illegal works be regularised?
Sometimes.
Regularisation depends on the works, applicable planning rules, municipal position and technical feasibility.
Do not sign on the assumption that every alteration can simply be legalised later.
If regularisation is central to the deal, the CPCV should allocate responsibility, deadline, evidence and consequences clearly.
What if you discover the issue after signing?
Do not assume you can automatically cancel.
The answer depends on the CPCV, seller representations, due-diligence conditions and seriousness of the problem.
Get the legal and technical facts before sending a termination notice.
What if you discover it after buying?
The legal position can involve contractual warranties, seller representations, defective-property rules and, in some cases, consumer protection where the seller is acting professionally and the buyer is a consumer.
How THE-Ö can help
We can coordinate the legal side of planning and document due diligence with architects or engineers where technical review is required.
Buying a renovated property and unsure whether the works are legal?
Send us the property documents, plans if available and the draft CPCV.
