Novo simplex dispensa licenças na venda de casa. Saiba os riscos e proteja-se

New simplified procedure dispenses with licenses in house sales. Learn the risks and protect yourself.

The new diploma includes 26 measures to improve access to housing. Find out how Simplex will make buying and selling a home easier, the associated risks, and how to protect yourself.

23 Jan 20246 min

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To facilitate the purchase or sale of a house, you can also count on the help of a real estate agency - such as Casa no Minuto - which ensures the gathering of all necessary documents for a property acquisition or sale in compliance. But first, understand how Simplex works.

How does the new Simplex make buying and selling a house easier?

The new diploma approved and promulgated by the President of the Republic on January 4 allows for the waiver of licenses in housing and standardization and simplification of licensing in municipalities.

In buying and selling houses, this document determines that it is no longer mandatory to present occupancy permits to purchase a property.

This diploma encompasses 26 measures with impact on urban licensing, in order to make housing more accessible in Portugal. The Decree-Law No. 10/2024 allows "eliminating disproportionate licenses, authorizations, and administrative requirements that create context costs", to achieve a "zero licensing".

The measure related to the purchase of real estate has already been in effect since January 1st and simplifies "the formalities related to the purchase and sale of the property, eliminating formalities that do not represent added value", exempting sellers from delivering the housing technical form and the authorization for use.

In addition, the measures of this diploma enhance increasing the number of houses in the market.

This is because it will facilitate the conversion of commercial properties for housing purposes, without condominium deliberation. This means that an owner of a property with a shop, for example on the ground floor, can pass the space for housing, without having to ask the neighbors of the building for authorization, requesting licensing directly from the municipality. This measure will only be in effect on March 4, 2024. Source

To further simplify housing, specifically the urban planning processes of local authorities, an Electronic Platform for Urban Procedures will be launched. This will allow for online applications, consultation of processes, deadlines and certificates of exemption from urban procedures, in Building Information Modelling (BIM) format, with automated verification of compliance with applicable plans. It is expected to come into effect on January 5, 2026.

When it comes to streamlining permits, the responsible technicians of the projects will have greater accountability in the process of issuing the authorization for the use of properties. They can submit the projects to the municipalities, which have 20 days to respond. If the municipality does not respond to the request, the authorization for the use of housing is automatically approved.

This process becomes challenging as delays in responses may be the responsibility of external entities. This begins to raise certain risks for those buying and selling real estate, as we will see shortly.

What are the risks of Simplex in buying and selling a house?

The most worrying risk about Simplex for buying and selling a house is the permission for properties without a usage license, built illegally and never legalized, to be transacted.

In other words, once someone is buying a house without checking the permitted use license, there are more chances of purchasing an illegalized property or one with illegal construction work.

According to Jorge Batista da Silva, in statements to Idealista, the risks are as follows: The municipality may conduct an inspection based on a complaint; the property may be in non-compliance with construction and safety rules; you may not be able to secure financing in case of a home loan (and may also lose the down payment of the purchase and sale agreement (CPCV) if the financing is not approved later), as well as end up with a devalued property and lower chances of selling it in the future.

Protect yourself: Just because the license is not mandatory doesn't mean you can't request it.

So, even though it is no longer mandatory to present a housing license at the time of the deed, it does not mean that the buyer cannot request its presentation.

Therefore, the buyer must be informed and continue to demand the presence of the license when acquiring the property, even before signing the CPCV. Click here to learn more.

The Dean of the Order of Notaries warns "Be very careful when making [purchase and sale promise] contracts, because at this moment the protection and security you had - of only buying licensed properties or properties that the State had waived their licensing for some reason - no longer exists. Therefore, you should inform the notary about the risks you are taking or if the property is in conformity in order to proceed with the transaction".

Regarding a house still under construction, Jorge Batista da Silva advises Idealista to sign the CPCV "with proof of the construction license", in order to ensure that "the property you are committing to buy, is being built with a valid construction license, and to ensure that there is an occupancy permit before the deed.

In the case of a built property, it is only necessary to apply for the occupancy permit, which already includes the building permit.

So, to protect yourself during this process, it is not only necessary to be informed, but also accompanied. To avoid making the mistake of buying a house without an occupancy permit, turn to a real estate agency when choosing the property you want to acquire.  

A real estate agency, like Casa no Minuto, ensures that the property is in compliance and legalized at the bureaucratic level. With a real estate consultant by your side, clarify all your questions and fears, and see your home buying process simplified, being guided through all the steps. Contact Casa no Minuto to access this service, and the credit intermediaries of Poupança no Minuto in case you want to resort to housing credit!  

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