Simplex Urbanístico (Decreto-Lei 10/2024) took the licença de utilização and the Ficha Técnica da Habitação off the deed from 1 January 2024. No public body checks a home's physical condition at sale, and none did before 2024, so finding hidden defects, unlicensed work and missing certificates before signing is now down to the buyer. This guide explains what changed, what risks buyers face under Portuguese law, and what the Simplex Safe inspection checks before you sign your CPCV (promissory purchase contract).
Table of Contents
- What is Simplex Urbanístico and what did it change for property buyers?
- What checks did the Câmara Municipal stop doing before sale?
- Is the buyer responsible for illegal construction found after purchase?
- What changes on 1 October 2026
- What is the difference between finding illegal works before and after the escritura?
- How much does it cost to legalise illegal construction in Portugal?
- What is the Simplex Safe inspection and what does it include?
- How do you protect your purchase with the right inspection before the CPCV?
- Frequently Asked Questions
- Conclusion
What is Simplex Urbanístico and what did it change for property buyers?
Simplex Urbanístico (Decreto-Lei n.º 10/2024, of 8 January) removed the licença de utilização (use/habitation licence) as a document the seller must present at the deed, so checking a property's urban-planning compliance before the sale is now left to the buyer.
Before 1 January 2024, selling any urban property in Portugal required the seller to present the notary with a valid licença de utilização, the municipal document confirming that the building, when it was licensed, was authorised for that use. Without it, the escritura (deed of sale) could not proceed.
Decreto-Lei 10/2024 revoked that requirement. Article 19 of the decree now obliges the notary to inform the buyer that the property may lack urban planning titles - but the notary cannot refuse to execute the deed on those grounds. The document check at the deed went from mandatory to optional, and checking is now up to the buyer.
The decree also removed the Ficha Técnica de Habitação from the deed. That is a narrower change than it sounds, and the difference matters: Decreto-Lei n.º 68/2004 still obliges the promoter to produce and deliver the document, so the obligation survives. What went is the handover at the escritura. A buyer who wants the technical data sheet describing a post-2004 building now has to ask the promoter or the município for it, and nobody will hand it over unprompted.
What the decree did not change
The underlying legal framework remains fully intact. Urban planning regulations still apply. Illegal construction is still illegal. The sanctions under the RJUE (Regime Jurídico da Urbanização e Edificação, DL 555/99) - embargo, demolition orders, use cessation - remain fully enforceable. Enforcement is directed at whoever owns the property when the Câmara acts, which after the escritura is the buyer; that was already true before 2024. What changed is that the licence no longer has to be shown at the deed.
DL 10/2024 also moved much of the licensing of works from prior control (the municipality approves before works start) to subsequent control (the municipality may check afterwards). At the point of sale, no public authority checks a property's physical condition, and none did before 2024 either.
What checks did the Câmara Municipal stop doing before sale?
The Câmara never inspected a home at the point of sale. What stopped in 2024 was the requirement to show the licença de utilização, which records the checks made when the building was licensed, at the escritura.
The licença de utilização records that the building, as licensed, was authorised for its use. It says nothing about works done since, and since 2024 the seller no longer has to show it at the deed. The checklist below covers the areas a buyer now has to confirm before signing:
What the notary still does and what they do not
Under DL 10/2024, the notary's role has been redefined. The notary must verbally inform the buyer that the property may lack títulos urbanísticos (urban planning titles). But this is an obligation of information, not verification. The notary does not inspect the property, does not consult the municipal archive, and does not check for unlicensed construction.
A buyer who signs the escritura without an independent inspection, including a structural and seismic inspection Portugal for older buildings, is acquiring a property whose compliance no public or private body has verified.
Is the buyer responsible for illegal construction found after purchase?
Yes. After the escritura, the buyer becomes the legal owner of the property and inherits the administrative consequences attached to it, including illegal works carried out by previous owners, regardless of the buyer's knowledge.
This is the point that matters most for buyers. Liability for illegal construction does not extinguish with the sale. It transfers. When the Câmara Municipal identifies an illegal construction - an unlicensed extension, a basement converted to living space, a terrace enclosed without planning approval - the enforcement notice goes to the current owner, not to whoever built it.
What can happen after the escritura
The urban planning enforcement measures under the RJUE include:
- Embargo: immediate suspension of any use of the illegal construction
- Demolition order: order to demolish unlicensed structures, at the owner's expense, where they cannot be legalised (RJUE, Art. 106.º)
- Use cessation: prohibition on using the property or part of it
- Site restoration: obligation to restore the land to its pre-infringement condition Fines for administrative offences under the RJUE - such as occupying a building without a valid licença de utilização - range from €498.80 to €99,759.58 for individuals and up to €249,398.95 for legal entities (RJUE, Art. 98).
How long the exposure lasts, and why the answer changes on 1 October 2026
Under the regime in force until 30 September 2026, a licensing act issued in breach of the rules could be declared null for up to ten years from its issue (RJUE Art. 69.º n.º 4, earlier wording; legal analysis: Sérvulo & Associados, MATLAW). A licence that looks regular today could therefore be challenged years after the purchase.
Decreto-Lei n.º 108/2026 changes that window from 1 October 2026, and not in the direction most buyers would assume. See the section below.
The liability the buyer inherits is not only immediate. It is long-term.
What Changes on 1 October 2026
Decreto-Lei n.º 108/2026 shortens the urban-planning nullity window from ten years to three, and for irregularities that already exist it restarts that clock on 1 October 2026 rather than closing it.
The ten-year window described above is the regime in force until 30 September 2026. DL 108/2026, in force from 1 October 2026 under DL 155-B/2026, replaces it with a uniform three-year period under Art. 69.º n.º 4 of the RJUE. That single period covers the emitting body's own declaration of nullity, the Ministério Público's ação administrativa and the ação popular alike. Where the facts behind the nullity amount to a crime, n.º 5 extends the period to the crime's prescription period, and national monuments and their protection zones sit outside the rule entirely.
Buyers reading that as good news should read the transitional provision first.
Art. 12.º n.ºs 3 and 4 reach situações jurídicas já constituídas, meaning acts issued years before the diploma. For those, the new three-year period is counted from 1 October 2026, not from the date of the original act, unless the old ten-year regime would have finished sooner, in which case the earlier completion date holds. The practical effect on an older property is the opposite of a reprieve: an act whose exposure window looked close to expiry gets a fresh three years, counted from 1 October 2026.
A second figure circulates alongside this one and belongs to a different mechanism. The one-year period in Art. 35.º n.º 10 is the município's successive conformity check on a comunicação prévia, lapsing one year from fee payment or from the start of use, whichever falls later. Art. 35.º n.º 11 confirms that the lapse does not bar administrative inspection at any time. It is not the nullity clock, and treating one and three years as alternative readings of the same rule is the most common error in coverage of this law.
For a buyer, three consequences follow. An older irregularity is not time-barred simply because it is old. For a purchase completing in late 2026, the window that matters is counted from 1 October 2026, not from whenever the works were built. And the deed itself acquires a new formality: from 1 October 2026, Art. 4.º-A n.º 14 of the RJUE requires the escritura to state the título urbanístico's status, with the anulabilidade attaching to the omitted mention rather than to the missing title.
None of this restores the check the Câmara Municipal stopped doing in 2024. It changes how long the consequences of skipping it stay live, and for existing properties it extends them.
What is the difference between finding illegal works before and after the escritura?
Finding illegal works before signing gives the buyer room to negotiate, ask for regularisation or walk away; after the escritura the buyer owns the problem in practice, and any claim against the seller depends on the facts and the contract.
The difference is not merely financial - it is legal and temporal.
Before the escritura: the buyer has a choice
If an independent inspection identifies illegal construction before signing the CPCV (Contrato-Promessa de Compra e Venda - the promissory purchase contract), the buyer has three options:
- Negotiate a price reduction corresponding to the estimated legalisation cost
- Require the seller to legalise the works as a condition of the sale
- Walk away before signing anything binding, with no CPCV deposit at stake If the inspection is conducted after the CPCV but before the escritura, what happens to the deposit depends on the CPCV's terms, so the protective clause has to be negotiated in before signing. Your lawyer should advise on your rights and on any inspection condition.
After the escritura: far fewer options
Once the escritura pública de compra e venda is executed before a notary, ownership transfers in its entirety - including all encumbrances and liabilities. At that point:
- Enforcement notices for illegal works go to the buyer as the new owner
- Any claim against the seller depends on the facts and the warranty regime (Civil Code Arts. 913 to 917 for a private sale, DL 84/2021 where the seller is a professional), and is slow to pursue
- Legalisation costs, or demolition costs if legalisation is not viable, fall on the buyer in the first instance Undisclosed defects are common across the Portuguese residential stock: INE recorded in Censos 2021 that 35.8% of Portuguese buildings need repair, split into 21.8% light, 9.4% medium and 4.6% deep. Moisture damage and mold and damp issues rank among the most frequent hidden defects identified after purchase. In cases involving larger unlicensed structures, an additional floor, a garage, or a substantial outbuilding, legalisation costs typically run €5,500 to €7,000. Foreign buyers acquiring property in Portugal face particular exposure to these risks; the complete guide for foreign buyers in Portugal sets out the full verification sequence.
How much does it cost to legalise illegal construction in Portugal?
Legalising illegal construction in Portugal typically costs €5,500 to €7,000, depending on the scale, type, and location of the works - and some irregularities are legally impossible to regularise, in which case the Câmara Municipal can order demolition.
There is no fixed price for legalisation. The cost depends on multiple factors:
Factors that determine legalisation cost
Legalising a typical illegal construction runs €5,500 to €7,000, and the exact figure depends on the type of infraction, the property's location, and whether the works are viable to legalise at all. Scale and type of works:
- A boundary wall or a small anexo sits at the lower end, while an additional floor, a garage conversion or a substantial outbuilding sits at the upper end or beyond it
- Works that changed the building's footprint or its structural elements cost more to legalise than works that changed only its internal layout
- Municipal taxas vary by regulamento, so two identical infractions in different concelhos do not cost the same Location:
- Properties in classified historic areas (Lisbon, Porto, Sintra) face additional restrictions that can render legalisation impossible
- Land within RAN (National Agricultural Reserve) or REN (National Ecological Reserve) carries specific limitations Legalisation viability: The RJUE (DL 555/99) permits retrospective legalisation of existing works through a regularisation procedure, but only if the works comply with regulations in force at the time of the application, not at the time of construction. Works that violate the municipality's PDM (Plano Diretor Municipal) or current safety standards may be impossible to legalise, resulting in a mandatory demolition order.
What an inspection costs versus what not inspecting costs
Against RJUE fines of €498.80 to €99,759.58 for individuals and up to €249,398.95 for companies, and fines of up to €3,740 for a missing energy certificate, the Simplex Safe inspection is the most cost-effective step in any pre-purchase due diligence process.
What is the Simplex Safe inspection and what does it include?
The InspectOS Simplex Safe inspection is an in-person technical review by a civil engineer, designed around the gaps DL 10/2024 left at the deed, covering more than 150 verification points. It is a technical check, not a legal clearance.
The Simplex Safe inspection is not a superficial visual walkthrough. It is a systematic technical assessment conducted by a civil engineer, using diagnostic equipment, producing a bilingual (PT/EN) report within 3 to 5 business days of the visit, once the required documents are received.
What the engineer verifies across 150 and more checkpoints
Urban planning compliance:
- Cross-referencing the Caderneta Predial (property tax record) against the physical reality of the property
- Identifying extensions, rooms, or alterations not registered in the land registry (Registo Predial)
- Preliminary assessment of PDM conformity for the relevant municipality Structure and safety:
- Visual inspection for cracks, damp, structural deformation
- Assessment of roof, floor slabs, and load-bearing walls
- Identification of foundation settlement signs Installations and certificates:
- Gas inspection certificate, where the periodic inspection is already due (DL 97/2017)
- Verification of valid energy performance certificate / EPC (DL 101-D/2020)
- Visual inspection of electrical installations and plumbing installations Documentation:
- Cross-referencing the Certidão de Teor do Registo Predial against the physical property
- Identification of registered charges, mortgages, and restrictions
- Flagging discrepancies between the registered description and physical reality
What the report includes
The InspectOS report, delivered within 3 to 5 business days of the visit, once the required documents are received, includes:
- Status classification for each checkpoint (Compliant / Non-Compliant / Requires Attention)
- Photographic documentation of every anomaly identified
- Prioritised action per anomaly
- Negotiation recommendation based on the findings
- Executive summary in both Portuguese and English
- List of missing certificates with renewal deadlines
Coverage and booking
Simplex Safe is available in Lisbon, Porto, Algarve, Cascais, Sintra, Setúbal, Braga, Coimbra, and all other mainland municipalities. Online booking available. Inspections are available within 3–7 business days. The optimal timing is after an accepted offer and before CPCV signature - the window in which you have maximum protection and maximum negotiating power.
Don't sign the CPCV without knowing the property's true cost. The Simplex Safe inspection flags works that do not match the registered description, structural defects and missing certificates before any legal commitment. Your bilingual report arrives within 3 to 5 business days of the visit, once the required documents are received. If we find nothing, you buy with confidence. If we find problems, you negotiate from strength.
How do you protect your purchase with the right inspection before the CPCV?
The ideal protection window for a buyer is the period between an accepted offer and CPCV signature - an inspection in that 7–14 day interval gives the buyer findings to use in repair requests, pricing and contract terms before anything binding is signed.
The optimal protection sequence for a property purchase in Portugal in 2026 is as follows:
Phase 1: Before any commitment (week 1)
Before making an offer, the buyer should verify four key documents: the Caderneta Predial, the Certidão de Teor do Registo Predial, the approved architectural project from the municipality, and the valid energy certificate via the ADENE registry (29 May 2026 is the EU deadline for transposing Directive 2024/1275, not a date on which restrictions attach to an individual property. Portugal transposed the directive in part through DL 11/2025 and the rest is pending, so buyers of low-rated property should read the EPBD compliance implications before committing). These reveal what is registered. They do not reveal what physically exists. The property due diligence checklist for Portugal covers each document in full detail.
Phase 2: After accepted offer - before CPCV (weeks 1–2)
This is the ideal moment for the Simplex Safe inspection. At this stage:
- No CPCV deposit has been paid yet (check whether any reservation agreement is binding)
- Your lawyer can still add an inspection condition to the CPCV
- Inspection findings form the basis for negotiating the final price or the CPCV terms One option is a suspensive condition clause in the CPCV, tying the escritura to the absence of serious irregularities discovered in the inspection - protecting the buyer even when the inspection is scheduled after CPCV signature.
Phase 3: After CPCV, before escritura (weeks 2–8)
If timing requires the inspection after the CPCV, the contract should contain protective clauses covering illegal construction, who pays for legalisation, and what happens to the deposit if serious irregularities are found. Your lawyer should draft them. The property inspection before signing the CPCV guide covers how to structure these clauses in detail.
When to add a structural inspection
For properties built before 1983, when the RSA (DL 235/83) brought in the seismic design requirements that still shape Portuguese structural practice, combining the Simplex Safe with the Structural and Seismic inspection is the recommended approach. Portugal's first effective seismic-protection legislation dates from 1958, and 68% of the Área Metropolitana de Lisboa building stock predates it (Público, February 2023); Porto buyers will find the city's distinct structural and moisture risk profile covered in the property inspection in Porto guide. For new-build properties, the new build snagging inspection Portugal guide covers the warranty rights and snagging process applicable to recently completed construction. Get a quote at inspectos.pt.
Frequently Asked Questions
What is Simplex Urbanístico in plain terms?
Simplex Urbanístico (DL 10/2024) is a package of regulatory reforms to Portugal's construction and property sale process, in force from 1 January 2024. Its most significant impact for buyers is removing the licença de utilização as a document that must be shown at the deed, so checking a property's documents and condition before signing is now up to the buyer.
Was the licença de utilização completely abolished?
No. The licença de utilização still exists and is still issued by municipal councils. What DL 10/2024 abolished is the obligation to present it at the time of the escritura. A property can now be sold without a valid use licence, and the consequences of that absence, including any legalisation cost (typically €5,500 to €7,000 for a common illegal construction), stay with the property after the sale.
Doesn't the notary protect the buyer?
The notary is now legally required to inform the buyer that the property may lack urban planning titles (DL 10/2024, Art. 19). But the notary cannot refuse the escritura on those grounds and does not physically inspect the property. The protection offered is one of information, not of technical verification - an independent inspection is the practical way to check the property against its documents.
Does DL 108/2026 mean old irregularities are now time-barred?
No, and for most older properties the opposite is closer to true. From 1 October 2026 the nullity window shortens from ten years to a uniform three under Art. 69.º n.º 4 of the RJUE, but Art. 12.º n.ºs 3 and 4 count that three years from 1 October 2026 for situations that already exist, rather than from the date of the original act. An older irregularity can therefore get a fresh three-year window from that date, unless the old ten-year regime would have expired sooner. The separate one-year figure people cite belongs to Art. 35.º n.º 10, the município's successive check on a comunicação prévia, and is a different mechanism.
Can I hold the seller responsible for illegal works they didn't disclose?
In principle, a buyer can attempt to prove dolo omissivo, deliberate concealment, if the seller knew about irregularities and hid them. In practice, this proof is difficult, and Portuguese property litigation is slow and expensive. The most effective protection is an inspection before the escritura, preventing the problem rather than trying to resolve it after the fact.
When should I book the inspection - before or after the CPCV?
The optimal window is between the accepted offer and the CPCV signature. At that stage no CPCV deposit is at stake yet. Inspection findings provide direct negotiating leverage on price or contract conditions. The InspectOS Simplex Safe can be booked online, with inspections typically available within 3–7 business days.
Is the Simplex Safe inspection enough for every property?
For most properties, the Simplex Safe provides the right level of protection. For buildings constructed before 1983, where seismic and structural risk is elevated, combining the Simplex Safe with the Structural and Seismic inspection is the recommended approach. For properties requiring energy renovation, the Renovation Passport is the natural next step. Get a quote at inspectos.pt.
What if the inspector finds nothing wrong?
A clean report is itself useful. It records that the checks within the inspection's scope found no anomalies, which lets the buyer go to the escritura with fewer unknowns. Set against the price of the property and against RJUE exposure that reaches €99,759.58 for an individual owner, a survey is the cheapest certainty available anywhere in the purchase.
Conclusion: Simplex Urbanístico created a risk that only an inspection eliminates
Simplex Urbanístico (DL 10/2024) did not remove the irregularities from Portuguese properties. It removed the licence check at the deed. Illegal construction still exists and legalisation costs remain real: typically €5,500 to €7,000 for a common construction, with municipal taxas varying by regulamento. RJUE Arts. 98–106 set fines, not legalisation costs: up to €99,759.58 for individuals and €249,398.95 for companies. Certificate fines are still enforced too, up to €3,740 for a missing energy certificate (DL 101-D/2020, Art. 35) and up to €3,500 for a missing gas inspection (DL 97/2017, Art. 29).
Since 1 January 2024 the buyer has to find them before signing. Signing can affect your options, but it does not mean every defect automatically becomes your sole legal responsibility; your lawyer should advise on your rights.
The InspectOS Simplex Safe inspection checks, before any legal commitment, whether the property you are considering matches what the seller is presenting. A civil engineer visits in person, covers more than 150 verification points and delivers a bilingual report within 3 to 5 business days of the visit, once the required documents are received, with severity classification for every anomaly and negotiation recommendations. It is a technical check, not a legal clearance.
→ Book your Simplex Safe inspection, available across mainland Portugal
Updated October 2026 | InspectOS Portugal
Sources: Decreto-Lei n.º 10/2024, of 8 January (Diário da República); RJUE - DL 555/99, of 16 December; DL 97/2017, of 10 August; DL 101-D/2020 (energy certification); Decreto-Lei n.º 108/2026 (in force 1 October 2026, DL 155-B/2026); DL 11/2025 (partial EPBD transposition); Sérvulo & Associados, DL 10/2024 legal analysis; MATLAW, urban planning analysis 2024.