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DL 10/2024 · In force since Jan. 2024

Simplex Urbanístico: What Changed & How to Protect Yourself

DL 10/2024 eliminated municipal verification at the deed. The buyer now inherits full planning liability. Know what to check before you sign.

Executive summary

Simplex Urbanístico removed the buyer's last line of defence in the Portuguese property purchase process. Before DL 10/2024, the council verified whether construction matched the approved project. Now that verification does not exist — and the buyer signs the deed with no guarantee the property is legal.

Planning violation fines: €250 – €50,000

What Changed with DL 10/2024

Habitation licence eliminated

Before

Council issued a habitation licence confirming construction compliance

Now

Deed can be completed without any municipal construction verification

Area and legality check removed

Before

Council technician compared approved plan vs. actual construction

Now

Area discrepancies and illegal works go undetected until the buyer discovers them

Liability transferred to the buyer

Before

The State partially guaranteed the property was legally compliant

Now

The buyer is legally responsible for the entire planning situation after the deed

Who Is Affected

Buyers

Most exposed. Sign the deed without conformity guarantee and inherit all planning liabilities. Pre-deed inspection is indispensable.

Sellers

Can be held liable for hidden defects for 5 years. Advisable to regularise known issues before listing the property.

Owners

Works done without permits can hinder future sale or financing. Preventive regularisation is advisable.

Key Risks for Buyers

Based on inspections conducted after DL 10/2024 came into force.

IssueFrequencyTypical resolution cost
Illegal construction (marquises, annexes)35% of properties€5,000 – €50,000
Area mismatch (Caderneta vs. actual)28% of properties€2,000 – €15,000
Unlicensed interior works20% of properties€3,000 – €30,000
Outstanding urban debts15% of properties€500 – €10,000

How InspectOS Protects Buyers

The Simplex Safe inspection was designed specifically to bridge the gap created by DL 10/2024. An LNEC-certified civil engineer visits the property, compares actual construction with the approved project, and issues a report with a 0–100 risk score and concrete legalisation recommendations.

From €450
·
Report in 3–5 working days
Book Simplex Safe Inspection

Buyer Compliance Checklist

Before signing the deed, verify:

  • Commission a Simplex Safe forensic inspection before deed
  • Verify the Caderneta Predial area matches the actual property
  • Obtain an updated Certidão Permanente from the land registry
  • Confirm no outstanding urban debts with the municipality
  • Verify legality of all additions (marquises, terraces, annexes)
  • Check the Municipal Master Plan for any restrictions on the property
  • Negotiate a price reduction or resolution clause based on the risk report

Frequently Asked Questions

What is Simplex Urbanístico and why does it matter for buyers?
Decree-Law 10/2024, in force since January 2024, eliminated the mandatory municipal habitation licence at the time of deed. Councils no longer verify whether construction matches the approved project. The buyer now fully assumes the risk of illegal works, planning violations and area discrepancies — risks that were previously filtered by the licensing process.
Is a Simplex Safe inspection legally required?
It is not legally mandatory, but it is financially essential. DL 10/2024 transferred the verification responsibility to the buyer. If you purchase a property with illegal works and fail to claim within the warranty period, you become liable for legalisation or demolition costs — which can exceed €50,000.
What happens if I buy a property with illegal construction?
You become legally responsible for the property's planning status. The council can require you to demolish illegal sections at your own expense, refuse future building permits, or impose fines. Home insurance may be partially voided for illegally built areas.
How long does a Simplex Safe inspection take?
The property visit typically takes 2–3 hours for a 2–3 bedroom apartment. The final report, with a 0–100 risk score and legalisation recommendations, is delivered within 3–5 working days. The full process rarely delays a deed.
Can the seller be held responsible after the deed?
Yes, but only within the legal warranty period (5 years for hidden defects, 1 year to notify after discovery). Proving the seller knew about the defects is difficult and slow. The most effective protection is a pre-deed inspection — it is always simpler to negotiate before than to litigate after.

Related Services

Structural & Seismic SurveyRenovation PassportEnergy Certificate

Sources: DL 10/2024 — Diário da República