Legal restrictions

• Articles 1376º – 1382º Civil Code
• Executive rule 202/70, April 21st
• Executive law 103/90, March 22th

In the benefit of owners of adjoining properties on the transfer of agricultural land, especially the ones included in the National Agricultural Reserve. (See above table 1 – pre-emption right and table 2 – other legal restrictions)

• Article 1380º Civil Code
• Decree-law No. 73/2009

(See above table 1 – pre-emption right and table 2 – other legal restrictions)

There is no way to free property from the legal obligations.

(See above Table 2)

Legal transactions resulting in the splitting or division of agricultural land are submitted by parties to the municipality, which promotes communication thereof to the Portuguese Geographic Institute.

The acquisition of a flat must be preceded by the establishment of the condominium over the building.
Usually, the internal statutes are approved lately by the condominium assembly; it does not content restrictions to property acquisition, only to regular use of the building and common areas.

This act must be inscribed in the land register.
Municipality services must give permit to the condominium establishment.

This permit must be submitted to the notary and mentioned in the deed of any transfer of ownership of urban property, without which the act is null (article 1 Decree-Law 281/99).

This information can be registered in land registry since 2008.

– Buildings constructed before 7August 1951 do not need to have this permit, if the construction date is stated at any legal document no further document is needed, if not a statement of that date from the municipality is required;

– The same happens with buildings constructed by the State or other public bodies, but in this case a statement of these entities must be submitted to prove this fact.

The Technical fact sheet is a document describing the main technical and functional characteristics of the building close to urban housing, reported to the time of completion of construction, reconstruction, extension or amendment.
It is an obligation of Real Estate Developer to fill the Technical fact sheet as well as to make it available for the buyers.
Since August 16, 2004, is required to deliver to de buyer this document and the notary will check this deliver at the deed.

Land registry services do not cover these matters.

Exceptions:

Buildings already-built and for which permit of use was issued or applied, prior to March 30, 2004;
-Buildings constructed before the entry into force of the General Regulations of Urban Buildings (RGEU), approved by Decree-Law 38 382, 7 August 1951.

The energy certificate is a document that contains information about the characteristics of energy consumption of a property. This is a PDF recorded on a digital system managed by ADENE (http://www.adene.pt).
The Energy Certificate is required by law in the sale / purchase, leasing or renting property in Portugal. This document must be presented to the prospective buyer, lessee or tenant at the time of conclusion of the contract of sale / purchase, leasing or renting.

Land registry services do not cover these matters.

National and Natural Parks are submitted to legal restrictions of use and construction. Once the land parcel is already privately owned there are no restrictions to acquisition of private property in these areas. You will find answer to that question by consulting land registry services. However part of these areas are owned by the Estate and normally not available for immovable trade. These areas are supervised by the “Institute for Conservation of Nature and Biodiversity” (ICNB) – www.icnb.pt – in this Internet site you can find list of all parks and natural reserves and each specific regulation.

Decree-law 142/2008, April 27th – legal system for the conservation of Nature and biodiversity.

Land registry services do not cover these matters.

For some actions it is possible to request a permit to the Municipal services, under national authority in these matters (the ICNB).

Limits to private property of watersides (or more if there are longer beaches):
– Sea and sailing rivers or lakes – 50m
– Other sailing waters – 30m
– Other not sailing waters – 10m
Adjacent zones (privately owned) may be burden with restrictions in the Classification Act, which are supposed to be registered at land registry services.

This information is not publicized by the land registry.

For some actions it is possible to request a permit to the National Water Institute (INAG)

Abutting land parcels on military sites are submitted to military servitudes and there may be applied other restrictions to property rights

Decree-law 45986, Oct. 22nd 1964

Decree-law 22591, March 23rd 1967.

This information is not publicized by the land registry.

For some actions it is possible to request a permit to the military authorities.

Non eadificandi area – 200m on each side of the road.

This information is not publicized by the land registry.

It is possible to request a permit to the competent authorities www.estradasdeportugal.pt

– Constructions or any other modifications can’t be allowed by municipal services without approval of the IGESPAR;

– There is a pre-emption right on the sale of properties in the area of protection of classified buildings.

-Decree-law 309/2009, Oct 23rd – rules the procedure for classification (and also declassification) of monuments or other listed buildings or cultural patrimony.

Classification of monuments should be inscribed at the land registry, but in general this registry is not updated.

To avoid pre-emption right the owner must notify the beneficiary of the Pre-emption right off his intention to sell. This beneficiary shall indicate whether it intends to exercise its right or not.

Land division or land restructure operations require municipal approval that ensures the respect of the urbanization plan.

According to the urbanization plan it may occur the expropriation of land if necessary to develop the plan specifications (subject to compensation from the landlord or/and lessee or tenant)

– Decree-Law 555/99,

Dec. 16th ( Rules legal system for urbanization and building).

The division approval act and its specifications, including restrictions to property rights and to the use of the land parcels, are registered (compulsory) at land registry offices.

Example: Flat property built up with the approval of the National Institute for Housing – www.inh.pt – to promote the human right to housing – cannot be sold within 5 years.

These restrictions are included at the registration of the acquisition.