Planning title check in the Algarve

Planning Title Check

Selling or buying in the Algarve? The 2026 rules on the licença de utilização

On 1 October 2026 Portugal replaced the licença de utilização (the habitation or usage licence) with a prior communication filed with the câmara, under Decree-Law 108/2026. At the same time, every sale deed must now state whether the property has a planning title. If you own, are selling or are about to buy a home in the Algarve, it is worth checking where you stand before a buyer or a bank asks.

Enquire about your project

In short

  • There is no longer a licence application to wait for: the owner files a communication with the câmara.
  • After licensed building work, the property can be used as soon as the communication is filed, backed by a statement from the works director.
  • With no works, exempt works or a change of use, the property can be used 10 days after filing, unless the câmara rejects it or orders an inspection.
  • Every sale deed must state whether the property has a planning title. If the deed leaves it out, the sale can be annulled.

If you are selling

The deed must now say one of three things: the title exists and is shown, the seller says it exists but does not show it, or the seller says there is none. Selling without a title is still allowed, but the buyer will know, and banks normally want the licence or the document that replaces it before approving a mortgage. Sort it out before you list the property, not after a buyer's lawyer finds it.

If you are buying

Ask for the title before you sign the promissory contract (CPCV), and check that the house as built matches what was approved. Extensions, pools, annexes and converted garages are where the two most often differ. If they do, the cost and time of putting it right is something to negotiate before you commit.

If you have just finished building or renovating

Your works director signs a statement that the build is complete and matches the approved plans, and the communication is filed. Problems start when the house differs from the plans, or when the works director has left the job, for example after a builder walks off site.

What Orla does

  1. We pull what exists: the land registry certificate, the tax record and the licensing file from the câmara archive.
  2. We compare it with what is built: David visits and checks the property against the approved plans.
  3. You get a written report in English: whether there is a valid title, what does not match, the route to fix it, with an estimated cost and timeline. From €350.
  4. If it needs fixing, we handle it: we coordinate the architect and works director who sign the statements, prepare the communication, deal with the câmara and any inspection, and keep your lawyer, notary and bank informed. From €300 a month.

For our build management clients, the communication is included at handover.

We do not give legal advice; that stays with your lawyer. Statements are signed by licensed professionals in our network, and any legalisation works are quoted separately.

Frequently asked questions

Does the licença de utilização still exist?

Since 1 October 2026 the law reads any reference to it as a reference to the new prior communication. In practice you need proof of that communication, or the licence issued before the change.

My house has an old licence. Do I need anything new?

No. The new law does not ask you to reapply for a licence already issued; that is the title you show at the deed. What is worth checking is that the house as built still matches what was licensed.

How long does it take?

After licensed works, immediately on filing. Otherwise, after 10 days; if the câmara orders an inspection, it takes place within 15 days of that decision. In practice the slow part is gathering the documents and signed statements, especially when the house does not match the plans.

My house was built before 1951. Does it need a title?

Buildings from before the 1951 building regulations can be exempt. The câmara issues an exemption certificate, which notaries and banks usually ask for. The cut-off date can vary by council, and later works such as extensions bring the property back under control.

What does Orla's check cost?

From €350 for the review and written report. If you want us to see it through, tracking costs from €300 a month.

Start the Conversation

Tell us about
your project

Whether you have a plot, an architect, or just a vision — we'd love to hear about it. We'll come back to you within 24 hours.

Message us on WhatsApp
or send a message