# Conflicting info on legalities.....please clarify



## Gonzo393 (Jan 13, 2019)

Hi....I signed the contract on my new Portuguese home last week.

There were complications prior to signing and I wasn't sure I was even going to sign the contract unless I was 100% sure I was safe to do so.

The main issue is that the previous owners built 3 outbuildings attached to the main property and didn't obtain the necessary planning permission from the local council.

As a result, the council refused to issue a 'habitation' licence as part of the sale.

As I understand it, I have only purchased the 'heritance' for the property and was told I wouldn't be able to sell it as a result....it could only be inheritated from someone in my family.

This isn't necessarily a concern as we didn't buy the property to ever sell it. It will become a family home for many generations hopefully.

My main concern was if the local council enforced a demolition of the 3 buildings, which I would then have to fund the cost of demolishing and then reinstating with the required permission.

So I raised this concern at the signing and was told categorically by my lawyer, the notary and the sellers that this would not happen and there is no chance of the council issuing a demolition notice. The seller, who is also a notary, told me that i could also sell the property in the future should i choose, as long as it was on the same terms as this sale.On that basis I signed the contract.

A couple of days later I had dinner with another couple who have just done the same a few months earlier. They seemed to think that without a habitation licence, then you can't live in the property.

So now I'm a bit confused and would appreciate clarity from anyone in the know.

Would also be interested to know if it's possible to get retrospective planning permission from the local council. I keep reading that they all seem to be a law unto themselves and there is little consistency on rulings throughout Portugal. So maybe still hope for me to get the habitation licence if I pay the fee plus maybe an additional fee they would charge.

Thanks in advance.

Gonz


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## travelling-man (Jun 17, 2011)

I'd consult another lawyer if I were you & I'd guess there's a good chance your current one was recommended by the seller or agent. 

Certainly your lawyer shouldn't have let you buy without a habitation licence & if nothing else should have pointed out that such lack could/should mean a lower price.......... and yes. It should have a habitation licence


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## travelling-man (Jun 17, 2011)

I should have added that the Camara can fine the owner for building without permission & as you're now the owner, then it'll be you that has to pay if they do decide to impose a fine. 

I've not had first hand experience of that situation but have heard figures in excess of €7k being mentioned but have no proof so in other words. that figure is hearsay. 

Either way, I wish you good luck.


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## Gonzo393 (Jan 13, 2019)

Thanks travelling man....Appreciate the advice. I'll certainly follow up with another lawyer to seek clarity.

I've since read online that habitation licences are only required for properties built from 1951. Ours was built in 1884 so on that basis I think we are ok.

I can't believe 2 notaries and a lawyer would allow a property to be sold without a habitation licence if one is required to be able to reside there.

Either way I'll take your advice and get clarity from another lawyer.

Cheers

Gonz


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## Strontium (Sep 16, 2015)

Gonzo393 said:


> Thanks travelling man....Appreciate the advice. I'll certainly follow up with another lawyer to seek clarity.
> 
> I've since read online that habitation licences are only required for properties built from 1951. Ours was built in 1884 so on that basis I think we are ok.
> 
> ...


Hi

If your Lawyer is a business then they have an official complaints book so ask them for it and put your (concise and substantiated) worries in writing - same for any agents or advisors.


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## travelling-man (Jun 17, 2011)

Gonzo393 said:


> Thanks travelling man....Appreciate the advice. I'll certainly follow up with another lawyer to seek clarity.
> 
> I've since read online that habitation licences are only required for properties built from 1951. Ours was built in 1884 so on that basis I think we are ok.
> 
> ...


I can well believe it.......... The number of tuck ups I hear about is scary. 

Just in my immediate area over the last year or so I know of 3 purchases where the buyers thought they had bought house & land but in fact had bought house only & no land whatsoever, one ruin that had sat on the market unsold for decades with an asking price of under €5k & was suddenly sold for 10 times the asking price (to a new immigrant) 2 where the buyer was scammed into paying the agent(s) €6k & €7.5k 'commission' & 1 where someone thought they'd bought the entire property but has now discovered another owner exists. 

And then there's the murky world of 'immigration assistants' types that gleefully & obscenely overcharge new immigrants to get them their new documents such as NIF & Residencias & help them with car matriculation. 

The sharks are always circling.


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## baldilocks (Mar 7, 2010)

Yes as Strontium says, the Complaints book is a very useful tool. Just asking for it suggests you know the rules and can provoke an immediate response.


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## Gonzo393 (Jan 13, 2019)

Thanks all.....Appreciate the replies. I've since had confirmation from a lawyer and from online research that a habitation licence is only required for properties built from 1951. Ours was built in 1884 and so doesn't require a habitation licence.

So all seems in order and I'm mighty relieved.

I couldn't get my head around 2 notaries and a lawyer allowing something like that to happen, particularly given the risk to their reputations and careers.

Thanks again.

Gonz


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## travelling-man (Jun 17, 2011)

Gonzo393 said:


> Thanks all.....Appreciate the replies. I've since had confirmation from a lawyer and from online research that a habitation licence is only required for properties built from 1951. Ours was built in 1884 and so doesn't require a habitation licence.
> 
> So all seems in order and I'm mighty relieved.
> 
> ...


That still doesn't explain the lack of planning permission & you're lawyer should have jumped on that like a dog on a bone.


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## Gonzo393 (Jan 13, 2019)

Thanks Travelling Man.....I believe there are many properties throughout Portugal that exist without planning permission. It seems to be the Portuguese way.

I hear what you say about our lawyer....I think she could have made things somewhat smoother by communicating things better and explaining Portuguese law better. Maybe partly due to the language barrier and maybe just the Portuguese way that if you don't ask then they assume you already know.

In her defence she did flag the licence issue early on and offered us the option of buying the heritance early on but I pushed for the habitation licence also as my understanding then was that we couldn't sell the property without this.

What should have been explained better, is that due to the age of our house we don't require a habitation licence and that we could in fact sell the property should we wish to without a habitation licence but on the same terms as I've just bought.

Not sure if I prefer the Portuguese way compared to the UK, albeit many parts of it are simpler and cheaper.

It's certainly been a learning experience I wouldn't want to do too often.

Thanks for your comments and advice.

Gonz


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## Strontium (Sep 16, 2015)

Just a question out of interest.

Did you have a copy and read the promissory contract? Even in Portuguese they are reasonably easy to understand the basics of what is being sold and the purchaser can also add their own binding clauses such as

" vendor to supply Habitation licence/exemption for 185 squ metre main house min 2 weeks before final contract date. "


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