Do you want to transfer your property, which was built over 30 years ago and does not have a license to use? There is a way to resolve the situation.
The General Regulation for Urban Buildings (RGEU) provided for the imperative of municipal licensing for the carrying out of civil construction works. However, this obligation did not cover the entire territory.
Such regulation encompasses all civil construction, reconstruction, expansion, alteration, repair or demolition works of buildings, as well as works that imply alteration of the local topography within the urban perimeter and of the rural protection zones fixed for the county seats and for other locations subject to Law and urbanization and expansion plan.
Thus, new buildings, civil construction works or demolition of buildings outside the urban perimeter were not covered by this regulation, nor would they be subject to prior control and licensing.
It would only be extended to these if there were regulations or a municipal plan that imposed it for a certain municipality, with an indication of the effective date.
It was only from February 18, 1992 that construction licenses and usage licenses became required for all buildings throughout the national territory, except for exempt constructions, regardless of the existence, or not, of municipal or of regulation.
Examples of this are buildings constructed by a State body, provided that reconstruction, expansion or alteration works have not been carried out or which do not result in major changes to the building's characteristics.
Under these terms, it is possible to obtain a certificate from the municipality where the property is located. To this end, it is important to specifically identify which of the regimes is applicable to the exemption, fulfilling all the requirements for that purpose, as well as providing all the required elements for the issuance of the certificate to be granted.
A license or permit for use, or a certificate proving its exemption, is required for the transfer of any property, and must be presented to the entity that carries out the transfer.
If you have any doubts and difficulties in applying for these certificates, know that you can always turn to a Solicitor, a professional who will assist you in formalizing and implementing them.
Author: Tânia Fernandes is a solicitor
Note: Article published under the partnership between the Sul Informação and the Order of Solicitors and Enforcement Agents
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