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Free field brief · Updated April 2026

12 defects DL 10/2024 now makes your legal problem.

In January 2024, Portugal quietly removed the municipal licence check at point of sale. Sellers no longer have to prove the property is legal. Buyers carry what used to be the Câmara's job. This is the working checklist a certified Portuguese engineer runs on a pre-purchase inspection, translated for the buyer holding the keys.

Length8 pages
FormatPDF
CostFree
Published byInspectOS
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The rule change

Since January 2024, the Câmara's job is your job.

Decreto-Lei n.º 10/2024, de 8 de janeiro, known as the Simplex Urbanístico reform, removed the requirement that a property hold a valid Licença de Utilização to be sold. The deed can be signed without it.

Before 2024, the municipality checked whether a building matched its permit. Illegal extensions, unauthorised bathrooms, converted garages, missing sign-offs: the Câmara caught these before the escritura. Not anymore. The notary now accepts the declaration of the seller. No municipal cross-check. No licence verification. You sign, the keys move, and any undisclosed defect (physical, administrative, or legal) is yours.

What this actually meansIf a bathroom was added without planning permission in 1998, and you buy the property in 2026, the Câmara can order you to remove it and fine you. The seller is gone. The liability stays with the deed.
€99,759
Individual fine ceiling, RJUE, no licença
€249,398
Company fine ceiling, RJUE
3 yrs
To declare a planning act null (DL 108/2026, Art. 69)
What's inside

12 defects. What they cost. How to spot them.

Each defect includes the specific law that now makes it the buyer's problem, the cost range if it goes undiscovered, and the exact question to ask the seller or the document to request at the next viewing.

01Licença de Utilização missing or wrong typology€5k–€50k
02Unauthorised construction, closed balconies, extensions€3k–€80k
03Gas installation, expired inspection, APEG gap€250–€40k
04Electrical, no RTIEBT for post-2006 works€1.5k–€8k
05Energy Certificate, missing or Class F/G€250–€44k
06Humidity, rising damp, mould behind paint€2k–€25k
07Structural cracks, pre-1983 seismic exposure€5k–€50k
08Roof condition, post-Storm Kristin damage€6k–€35k
09Plumbing, lead pipes, shared manifolds€3.5k–€12k
10Elevator, overdue inspection under DL 320/2002€250–€37.5k
11Condomínio debts and unresolved assembly votesVariável
12Active AL licence with SCIE obligationsVariável
Who this is for

Three kinds of buyer. One checklist.

Foreign buyers

If you are buying remotely or on visa timeline

Foreign buyers pay a 38.7% price premium on Portuguese property (market data, 2024). Remote purchases compound every risk in this document: you cannot smell the gas cupboard, open the panel, or feel the damp behind the plaster. The checklist is the structure for your on-site agent or surveyor.

Portuguese buyers

If you are buying post-Simplex

Domestic awareness of what DL 10/2024 changed at the deed is still uneven. This is the briefing your lawyer assumed you already had. Use it before the CPCV, not after the escritura.

Buyer's agents

If you advise buyers professionally

Share it with clients before viewings. It cuts the pre-CPCV conversation in half and gives you a structured record of disclosed and undisclosed items before anything gets signed.

Common questions

Before you download.

Is this legal advice?

No. It is a field brief written by certified Portuguese inspectors, not lawyers. It does not replace a title search, a lawyer's CPCV review, or an on-site inspection. It is the structure your lawyer and inspector will assume you already understand.

Who wrote it?

InspectOS, a Portuguese property inspection company based in Cascais. Our inspectors hold Ordem dos Engenheiros (OE) certification and operate across Lisbon, Porto, and the Algarve. The regulatory citations reference published Portuguese law in force as of April 2026.

Is it really free?

Yes. You give us an email, we send the PDF. If you opt in, we will follow up with a short series on DL 10/2024, EPBD 2026, and pre-purchase compliance. If you do not opt in, you get the checklist and nothing else.

Does it apply to new builds?

Most items apply to existing stock built before 2024. For new builds, the most relevant defects are energy certificate compliance (EPBD 2026), snagging against the 5-year and 10-year structural warranty, and the presence of a valid Licença de Utilização for the final unit. A dedicated snagging inspection is usually the right tool for new builds.

How is this different from what my lawyer does?

Your lawyer checks the title chain, the registry, and the legal status of the property as documented. Your inspector checks whether the property as documented matches the property as built. DL 10/2024 removed the municipality from that second check. This document is for the second check.

Can I use it for a property I already bought?

Yes. If you bought after 1 January 2024, several of the items may already be your problem. A Property Compliance Check (from 950 €) will run every item on this list against your property and produce a prioritised report of what to remediate, disclose, or formalise.

Get the checklist

One hour with this document. Or ten years with the defect you missed.

8 pages. 12 defects. Every law cited. Free. Delivered to your inbox in under a minute.

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