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Writer's pictureShane Dunann

The (Very Common) Myth of Temporary Homes in Portugal and What You Need to Know About Building Laws

A prevalent misconception suggests that erecting temporary structures offers a simplified or loophole-based approach to property ownership and habitation in Portugal. This is simply not the truth.


A temporary home sitting on a hill in the west coast of Portugal
Tiny homes in Portugal. Don't expect any loopholes


Understanding Temporary "Homes" in Portugal

Portuguese law mandates that any structure intended for habitation, regardless of its permanence, requires proper permits and adherence to building regulations. This includes wooden houses, modular homes, and even those on wheels. Without the necessary permits, the property may be deemed illegal, leading to potential fines or orders for removal. Even more crucial to realize is that the local municipalities will not connect gas, electricity, water, or sewage to an unlicensed home.


Permit Requirements

All residential structures must obtain a building permit. This process ensures the structure meets safety and habitability standards. Even modular homes and tiny houses are subject to these regulations. Attempting to bypass standard building laws by using temporary structures could lead to legal complications. Authorities may classify such actions as unauthorized construction, resulting in penalties or mandatory removal of the structure.


Land Classification and Building Permissions

The type of land—urban or rustic—significantly influences what can be built. Constructing residential buildings on rustic land is generally prohibited unless specific conditions are met. Recent legislative changes aim to simplify the reclassification of rustic land to urban, but this process still involves formal procedures and approvals.


Legal Implications

Authorities may classify such actions as unauthorized construction, resulting in penalties or mandatory removal of the structure. In addition, homes cannot be sold (easily) that are not licensed. So, in case you have a change of heart in the future and want to move, you have two options:


1) Delay the sale until you obtain the licensing, which can easily take months or ...

2) Lose a considerable amount on the valuation as you will be, in essence, only selling a piece of land.


Conclusion

It may sound appealing to fly under the radar and live the off-grid dream. The problem is, you never know who might report you. We think it's essential to understand and comply with local building laws and regulations so you can relax each night before falling asleep. Engaging with local authorities and professionals can provide clarity and to understand your options so that your property aligns with local laws.

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