Portugal's new building-permit rules kick in on 3 August — and a silent council now means yes
Decree-Law 108/2026 rewrites Portugal's planning rules from 3 August: tacit approval when councils miss deadlines, prior notification for more works, 20-to-45-day decision windows and a new urban-planning title. What changes if you build, renovate or buy.
From 3 August, if a Portuguese council doesn’t answer your building application within the legal deadline, the application counts as approved. That’s the headline change in the new planning regime brought in by Decree-Law 108/2026, which rewrites the urban development framework (RJUE) to attack one of the biggest bottlenecks in Portuguese housing: the time projects spend sitting in a queue waiting for an answer.
What changes in Portugal’s building permits on 3 August?
Three main things. First, tacit approval becomes the general rule: once the legal decision window closes with no reply from the council, the application is approved by the administration’s silence. Second, prior notification becomes the standard procedure for most urban operations in areas where building parameters are already defined — for instance, zones with an approved detailed plan or subdivision — replacing classic licensing. Third, the urban-planning title returns: a single document summarising what was approved, giving legal certainty to whoever builds and, later, whoever buys.
What are the new decision deadlines?
The decree sets deadlines by procedure type: 20 days for building and demolition works, 30 days for infrastructure and land-remodelling works, 30 days for assessing the architecture project, and 45 days for subdivisions. Miss the deadline and tacit approval kicks in — which is where this reform has teeth. The full text is in the Diário da República, and the wider housing strategy on the government portal.
Is a council’s silence really a safe approval?
It’s an approval with a paper trail: tacit approval is proven with the submitted application, proof of paid fees and evidence the deadline passed without a decision. Together, those documents form the urban-planning title in silence cases. In practice, lawyers recommend keeping every submission and payment receipt — they are your “permit” if the council never replies.
Does any of this help home buyers?
It brings clarity. The urban-planning title becomes a key document in a purchase: one paper that certifies what was approved for that property, cutting surprises at the deed stage and smoothing mortgage approval. The reform joins the rest of the housing package, like the new affordable-rent scheme starting in September and the state guarantee for young buyers’ mortgages.
A calendar note: the decree was published on 29 May and takes effect on the first working day of the third month after — hence 3 August. If you’ve had a project sitting in a drawer waiting for courage, this summer might be the time to pull it out.
Image: bill lapp from Saint John, New Brunswick, Canada / Wikimedia Commons (CC BY 2.0)
