H07E - Construction

Before buying land for building a new home or an existing house for improvement, afpop recommends that you first consider buying an existing house, especially in those areas like the Algarve where there has been considerable development over the last twenty years (see Bulletin H09E). The earlier developments are often on the best sites, already have services like electricity, and you can see exactly what you are buying. 

If you do decide to build, carefully investigate the planning and building regulations before buying the site. In the last few years, these regulations have drawn closer to those in other EU countries to ensure a minimum quality of construction and to protect the interests of others in the area. For anything but small works, afpop recommends that you contract the services of professional advisors. 

Planning procedures and constraints 
The Government has promoted the preparation of regional land use plans. To limit urban sprawl this restricts the construction of houses in rural areas to the rehabilitation of existing registered houses (prédios urbanos). There are special regulations, monitored by the Ministry of the Environment, for the protection of land close to lakes, rivers, and the coastline. They are now drawing up land and water-use plans for lakes and coastal areas. To protect agricultural land, construction in a rural area may also need approval from the Ministry of Agriculture. This is the general rule, however there might be changes according to the local PDM (Plano Director Municipal).

As part of the planning system every Municipality has had to draw up a Development Plan (PDM). These identify the urban areas, where it is easier to get permission to build new houses and there are public utilities, and show proposed road and infrastructure developments, areas of public interest where there are special planning restrictions, and local requirements for external finishing. 

The Municipal Council (Câmaras Municipais) is the body that processes building applications and issues building licences. They are able to provide outline planning permission (informação prévia/viabilidade) on the basis of an outline design and description of the building. Their reply will identify any general restrictions such as the maximum size of the building and whether the owner has to provide special services such as access roads, sewage or water supplies. Although this is now generally not a legal requirement, it does reduce the risk of having the formal application for a building licence rejected. 

The final application for building permission should be drawn up by an architect who is registered with a Portuguese professional organisation. The certificate of responsibility (termo de responsibilidade) that they present reduces the time that Council staff has to spend on reviewing the design. 

Building for the local environment 
The climate in southern Portugal is rather like that in Cape Town and Adelaide and throughout the Mediterranean. There are hot dry summers, cool wet winters and a much greater variation in temperature and humidity than in coastal areas of northern Europe. 

The wide variation in humidity can result in wood expanding, shrinking, and cracking. Many people therefore prefer aluminum or PVC for doors and windows. 

The many months without rain mean that water supply for the house and the garden needs to be thought about. Traditional architecture does not provide for adequate drainage and damp proofing. That is fine in the summer, but when the rain comes it can be very heavy. Poorly drained roofs leak and walls and floors without damp proof suffer from damp and salt-damage. 

On the other hand, lots of sun means that solar water heating and even solar electricity are economic options (to install it a thermic project must be done). Careful location and design of a house to provide shade during the summer and to catch the sun in the winter, with good roof and wall insulation, can provide a pleasant environment inside a house even when temperatures are too high or too low outside. Most houses do need heating during the winter, and it is worth considering a fireplace and central heating. Installing them later can be more expensive. 

Don’t forget that Portugal is an earthquake zone. The building regulations are designed for earthquakes. That’s why concrete pillars and beams are standard building techniques. This does imply extra costs. 

New buildings 
Generally, building a new home on a vacant plot is now only permitted in urban areas or in new estates (loteamentos). Once the Municipal Council has provided permission for land to be used for building purposes the licensing procedures are similar to that for renovation or rebuilding an older property. 

Renovation or extension of older houses 
Small works, such as maintenance, restoration, repair, or cleaning that do not alter the structure or external appearance of a house do not normally require a building licence. Though it is advisable first to consult your Municipal Council beforehand. Small building works affecting the outside of a building or on a protected building will normally require building permission. (If the work requires a licence it’s necessary to have a certified contractor).

Architects and Engineers 
In Portugal, architects and engineers should be registered with a professional association. For anything other than small construction jobs, you will need to contract a professional to prepare the documentation for requesting the building licence, for supervising the work of the contractor, and for certifying that the work has been carried out correctly. Bulletin H/05E provides additional information about these professional services. 

Documentation, licences and approval 
The application for permission to renovate or extend an existing house should include: 

The certificate of responsibility from the architect responsible for the design; the architectural design of the house (projecto da obra), including a description, plan drawings, cross-sections, and facades (plantas, cortes e alçados), construction details, a cost estimate and a work schedule

• The structural calculations (projecto de establilidade)

• Plans for excavation (projecto de escavação)

• Designs for electricity, gas, telephones, water, and drainage installations. 

• Calculations for thermal insulation and, sometimes, soundproofing. 

• Designs for ventilation and exhausting gas from ovens and heaters.

• Health and Safety plans

The Municipal Council will then consult with the relevant authorities, such as the health department. During this time, they will provide a sign to be fixed on the site to show that building permission has been applied for. On receiving clearance from the other authorities, the Council will inform you by letter of their decision to issue the building licence (alvará de licença de construção). This will indicate any special requirements during the work and the period for which the licence is valid. This process will take at least one month. Normally it takes between two and three months, though if the documentation proves to be incomplete it could take considerably longer. 

The builder will then need to show their builder’s licence (alvará) and their workers’ insurance (seguro) to the Council before it will issue the actual building licence. The Council will provide another notice to be fixed on the site during the works, this time stating that permission has been granted and describing the type of building under construction. 

Once the building works are complete, the builder or you should request the Council to carry out the final inspection and to issue the licence for use or occupation (licença de utilização/habitação). This document proves that the house was constructed in accordance with the building licence. 

Building contracts 
The Portuguese Civil Code contains a section dealing specifically with construction contracts. However, it is advisable to have a lawyer prepare a contract with the builder that protects your rights under the law. Make sure that the contract includes the architect’s drawings and the associated designs and specifications, a detailed quotation from the contractor, a definition of when payments will be made, and the periods for guarantees. Normally the builder must correct faults that were identified when the building was accepted within one year. There must be a five-year guarantee for hidden faults. 

A builder should have a licence to undertake building works (alvará) and should have insurance cover for accidents at work and for civil responsibility. Bulletin H/05E provides further information about building contractors.