H11E - Monitoring Development Near your Property

If you ascertain the precise “address” of the adjacent plot you can by prior arrangement, periodically check if anyone has any intention to develop it. If you have information, then you may consult the Câmara frequently. 

A developer can initiate a development without Câmara approval. Provided this only involves ground level or below level work, e.g., foundations. 

Before building work can commence the developer has to obtain appropriate permission from the Câmara and display the permission on site an appropriately worded sign with the words “AVISO” must clearly been seen. 

Appearance of the AVISO of course can be the first indication of an intention to develop, which makes it difficult for neighbours to lodge objections as they are effectively with a “fait accompli” (the theory presumably is that the Câmara is perfectly competent to veto any undesirable aspect of the developer’s intentions!). 

You may only request plans if the first stage of development has started or the perpetrator cannot be identified (since the developer may not have advised the Câmara).

The one protection afforded by law to adjacent property owners is that no structure of a detached development can be placed within 3 metres of the property boundary, although this restriction does not prohibit “overlooking” windows. 

Each Câmara has its own authority and some are more flexible than others. Building is dependent on the “good will” of the Câmara and the neighbours. 

It is always advisable to first seek legal advice or to consult an experienced architect.