Selling a property? What changes on 1 October 2026
Preparing a property sale does not necessarily begin with photographs, viewings or the advert going live. In many cases, it starts earlier by checking whether the available documentation reflects the property as it exists today.
From 1 October 2026, that preparation becomes even more relevant in Portugal. Amendments to the Portuguese Legal Framework for Urbanisation and Building, commonly known as the RJUE, require the document formalising certain property transfers to expressly address the position regarding the relevant urban planning title, or título urbanístico.
The key point
The earlier you understand the property's documentary position, the more room you have to manage the sale clearly. A question identified before a buyer is involved can be investigated without the pressure of an advanced negotiation.
What changes from 1 October 2026?
For legal transactions involving the transfer of land intended for urban construction, completed or unfinished buildings, or their individual units, the document formalising the transaction must state the position regarding the corresponding urban planning title.
The legislation provides for three possibilities:
01
The title is produced
Where the relevant urban planning title is presented, its existence is recorded in the document formalising the transaction.
02
The title exists but is not produced
The seller may declare that the relevant planning title is held even though the document itself is not presented at that point.
03
The seller states that no title is held
The third possibility is an express declaration by the seller that the relevant urban planning title is not held.
The legislation provides that failure to include this statement in the document formalising the transaction may make the transaction voidable. This is not the same as creating a general prohibition on selling whenever the planning title is unavailable. :contentReference[oaicite:5]{index=5}
For property sellers
Clarify the position before going to market
If you are considering a sale, I can help you organise the information you already have, identify points that may deserve further checking and guide the next steps so the process can move forward more clearly and smoothly.
Speak to me before you start marketing the property.
Why does the 2024 change still matter?
From 1 January 2024, presenting the use licence and the Portuguese Housing Technical File, known as the Ficha Técnica da Habitação, ceased to be mandatory when transferring ownership of urban property.
That simplification changed the formalities required at the point of transfer. It did not automatically regularise an extension, change of use, outbuilding, swimming pool or other physical alteration that might not correspond to the applicable planning position. :contentReference[oaicite:6]{index=6}
Being able to formalise a transfer and having the property's full planning position clarified are related issues, but they are not the same thing.
A question discovered before there is a buyer is something to investigate. The same question after an offer has been accepted can become part of the negotiation.
Discrepancies are not always obvious
An owner can know every detail of a home while having little reason to know precisely what appears in its municipal planning file. This is particularly common with older properties or homes that have gradually changed over time.
Points that may justify further checking include:
- a balcony or veranda enclosed at a later date;
- a garage, storage room or basement now used for another purpose;
- an additional room or a material change to the internal layout;
- an extension built after the original project;
- a swimming pool, outbuilding or other external structure;
- differences between documented floor areas and the property as it stands today;
- difficulty identifying the planning title applicable to the property.
None of these examples establishes, by itself, that a property is irregular. Older buildings, exempt works and different planning regimes can all lead to different outcomes. Each property should be considered in its own context.
Land Registry, tax records and planning status serve different purposes
A property being registered in the owner's name does not automatically establish that every existing structure, area or use is reflected from a planning perspective.
The property tax record, Land Registry certificate, plans, planning titles and municipal planning file are different records with different purposes.
Where a material question exists, it may be necessary to compare the available documents with the physical property.
For property buyers
Found a property and want to move forward with greater clarity?
A purchase also benefits from a well-organised process. I can support you through the different stages, help structure the available information and facilitate coordination with the appropriate professionals when additional checks are required.
Speak to me before taking the next step with your purchase.
Why prepare the paperwork before advertising?
An early review is not simply about finding problems. It can also confirm that the existing documentation is consistent and reduce uncertainty during the negotiation.
Greater predictability
You can establish which documents are already available and identify any points that may deserve further confirmation.
More time to act
If a document needs to be located, a municipal file reviewed or specialist support obtained, doing so before completion is being arranged can reduce pressure.
Clearer communication
A known situation can be explained with context. An unexpected issue discovered late in the transaction is more likely to create uncertainty.
A pre-sale document check
Not every property requires the same level of investigation. Even so, an organised preparation process can begin with four straightforward steps:
- Gather the available documentation. The Land Registry certificate, property tax information, plans and existing planning documents provide a useful starting point.
- Compare the paperwork with the property today. Floor areas, layout, ancillary spaces and external structures are among the points worth considering.
- Identify questions before marketing. The earlier an issue is spotted, the more opportunity there is to understand its significance.
- Use appropriately qualified professionals when required. Technical, legal and planning matters should be considered by professionals with the relevant expertise.
The objective is not to make the sale more complicated. It is to reduce the chance of something that could have been clarified at the beginning emerging unexpectedly when the transaction is already advanced.
Official sources
The legal framework referred to in this article can be consulted directly through Portugal's official gazette:
RealKasa support
Buying or selling can be a smoother process
Every property comes with its own documents, professionals and decisions. I can support you throughout that journey, help keep the next steps organised and facilitate coordination with the appropriate professionals whenever needed.
Planning to sell?
Speak to me before putting the property on the market. We can start by understanding the current position and organising the next steps for the sale.
Planning to buy?
Speak to me before moving forward. I can support you throughout the process and help keep the different stages organised.
This article provides general information about the applicable framework and does not replace legal, technical or planning advice relating to a specific property or transaction.