Since 1 October 2026, under Decreto-Lei n.º 108/2026, de 29 de maio (DL 108/2026), the deed of a property sale must record the position of the urban-planning title (título urbanístico), under Art. 4.º-A n.º 14 of the RJUE. Even when the title is shown, it proves only that the construction was authorised on paper. It tells you nothing about whether the concrete is cracking or the wiring is dangerous. Since Decreto-Lei n.º 10/2024, municipal checking happens after the build rather than before, and no public body checks a building's physical condition at sale, so that check is one you commission. A Simplex Safe review (more than 150 technical verification points, report 3 to 5 business days after the visit; not a legal clearance) compares what was actually built with what was authorised, for a fraction of the legalisation liability a tacit approval can hide.
Table of Contents
- What does the título declaration actually confirm?
- Why does municipal silence not mean a sound building?
- Who pays when an unauthorised work surfaces later?
- Why does independent verification matter more now, not less?
- How does an inspection close the título gap?
- Frequently Asked Questions
What does the título declaration actually confirm?
The título declaration shows, at most, that the construction was authorised on paper, and nothing about the physical condition, safety, or build quality of the property you are buying.
DL 108/2026 makes a statement on the urban-planning title mandatory in the sale contract. That is the law in one sentence (the 1 October 2026 explainer sets out the rest), and the document due-diligence side of it belongs to your lawyer, not to an inspector. The brand line for InspectOS is simpler and more useful: approved on paper does not mean defect free.
A title speaks to authorisation. It does not record whether the roof leaks, whether the reinforcement in a 1980s concrete frame is corroding, whether a previous owner removed a load-bearing wall, or whether an extension was built to the approved drawings. A property can hold a clean title and still hide every one of these. The declaration answers a legal question. The building's condition is a physical question, and the two do not overlap.
This is why the pre-purchase inspection process sits one step beyond the paperwork. The title tells you the construction was permitted. An inspection tells you what that construction actually is today.
Why does municipal silence not mean a sound building?
Under DL 108/2026, prior notification and tacit approval are the default, so municipal silence can stand in for approval without anyone inspecting the work.
DL 108/2026 continues the shift that Decreto-Lei n.º 10/2024, de 8 de janeiro (DL 10/2024) started, moving the system from control before construction to supervision after it. Most works now run on prior notification (comunicação prévia), and where a municipality does not respond within the legal deadline, the project is approved by silence (deferimento tácito). The full mechanics of that change sit in our Simplex guide and are not repeated here.
The consequence for a buyer is direct. A tacit approval means a project was not blocked. It does not mean an engineer checked the structure, the drainage, or the wiring. The municipality keeps the power of administrative supervision (fiscalização), which it can exercise at any time and which does not expire, so a non-conforming work can be embargoed or ordered for correction years after you buy. Silence cleared the paperwork. It inspected nothing.
Who pays when an unauthorised work surfaces later?
RJUE fines reach €249,398.95 for companies and start at €498.80 for individuals, and the legalisation obligation does not disappear when the property is sold.
The RJUE (Decreto-Lei n.º 555/99) sets the contraordenação regime for construction infractions, and liability for an unlicensed work can reach the owner, the promoter and the technicians involved jointly. Fines run from €498.80 to €99,759.58 for individuals and reach €249,398.95 for companies. Legalising the work is a separate cost from the fine: observable ranges for common cases run €2,500 to €7,000, with an anexo between €850 and €1,500 and alterações to a moradia between €2,500 and €4,000. The legalisation obligation does not disappear with a change of owner; who answers for a fine is a question for your lawyer.
The reason this matters to a buyer is practical. Builders can dissolve and re-form under a new name, but the work stays on the plot, and the Câmara's measures to restore legality concern the property as it stands. Signing a contract can affect your options; it does not mean that every defect automatically becomes your sole legal responsibility. An inspection before the CPCV is the point where you can still find a non-conforming work and act on it, with your lawyer.
Why does independent verification matter more now, not less?
The old building standards are being phased out and nothing has yet replaced them, so an independent technical check carries more weight, not less.
A common misreading of the reform is that the General Regulation for Urban Buildings (RGEU) is gone. It is not. DL 108/2026 set the RGEU's revocation to take effect only once a future technical-regulation diploma enters into force, and that diploma has not been published. The RGEU therefore remains the applicable technical standard in the interim, minus the articles already revoked.
The accurate picture is more useful to a buyer than the myth. The old standards are being phased out while their replacement is still being drafted, and the municipal checkpoint that used to sit before construction has moved to an occasional supervision after it. When the public guarantee thins out, the private check matters more. Across Portugal, 35.8% of buildings need some repair, split into 21.8% light, 9.4% medium and 4.6% deep (INE, Census 2021), so about 14% have serious condition problems, and the one technical examination that looks at the specific property you are buying is the one you commission. A structural and seismic inspection is the clearest example, because nothing in the title speaks to a corroding frame.
The document and legal side of the título is your lawyer's. RealOS, a sister company in the Skaler group, offers buyer information and public tools for assessing property opportunities and purchase costs. → realos.pt
How does an inspection close the título gap?
A Simplex Safe inspection checks what was actually built against what was authorised, surfacing the defects and unauthorised works a title cannot show.
The gap between the title and the property is exactly the space an inspection covers. An engineer registered with the Ordem dos Engenheiros (OE) examines the structure, the building envelope, the electrical and gas installations, moisture and the roof, and compares the physical footprint with the approved drawings, flagging any work that does not match. Where the title says the construction was authorised, the inspection says what that construction is now, and where the as-built reality diverges from the paper.
Skipping it means finding out after the deed, when your options are narrower and any legalisation question is harder to negotiate. A Simplex Safe review turns the título gap from a blind spot into an evidenced fact before you sign, while you can still renegotiate or walk away. The declaration is the seller's statement about paperwork. The inspection is your statement about the building.
Frequently Asked Questions
Does the título urbanístico declaration mean the property was inspected?
No. The declaration records the position of the urban-planning title, which is an authorisation on paper. A seller may even declare holding one without showing it. It does not certify the physical condition, safety, or build quality of the property, and no engineer is required to examine the building for the declaration to be made. The condition of the property is a separate, physical question.
Is the RGEU still in force under DL 108/2026?
Yes, in the interim. DL 108/2026 scheduled the General Regulation for Urban Buildings (RGEU) to be revoked only when a future technical-regulation diploma enters into force, and that diploma has not yet been published. The RGEU remains the applicable technical standard for now, minus the articles already revoked by earlier legislation.
Who is liable if an unauthorised work is found after I buy?
The RJUE contraordenação regime fines individuals from €498.80 to €99,759.58 and companies up to €249,398.95, and legalising the work is a separate cost on top of the fine. When a builder has dissolved, the work is still on the plot, and your lawyer should advise on who answers for what. Since Decreto-Lei n.º 10/2024, de 8 de janeiro the licence is no longer checked at the deed, so an inspection before you sign is how you find the work while you can still act on it.
Should I inspect before or after signing the CPCV?
Before. The promissory contract (CPCV) is the point where you can still act on what an inspection finds, by renegotiating the price, requiring the seller to regularise a work, or withdrawing. Signing a contract can affect your options; it does not mean that every defect automatically becomes your sole legal responsibility. Your lawyer should advise on your rights and any inspection condition.
Conclusion
The título declaration that arrives with DL 108/2026 answers a legal question and leaves the physical one open. At most it shows the construction was authorised; it says nothing about whether the building is sound or whether every work on the plot was built to the approved drawings. With the municipal check moved to an occasional supervision after the build, that verification is now the buyer's to commission. A Simplex Safe inspection checks what was built against what was authorised, for a fraction of the legalisation liability a tacit approval can hide. Book it before you sign.
→ Book a Simplex Safe inspection · get a quote at inspectos.pt/en/home-inspections
Updated October 2026 | Reviewed by the InspectOS engineering team | InspectOS Portugal · Legal position last reviewed 21 October 2026
Sources
- Decreto-Lei n.º 108/2026, de 29 de maio
- Decreto-Lei n.º 155-B/2026, de 31 de julho (entry into force on 1 October 2026)
- Decreto-Lei n.º 10/2024, de 8 de janeiro
- RJUE (Decreto-Lei n.º 555/99), Art. 4.º-A n.º 14 and regime contraordenacional
- RGEU
- INE (Census 2021)