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habitation licence

Discussion in 'Portugal Property' started by elliott, Dec 29, 2007.

  1. elliott

    elliott New Member

    Any advice out there?
    We are trying to sell a villa in the Algarve. Unfortunately my late father in law extended the property without permission from the authorities. We have applied for retrospective planning permission but have been denied it on the grounds of over development of the plot and cannot obtain the habitation licence that would enable us to sell.
    We don't want to demolish as the extensions are quite in keeping and we have no objections from neighbours.
    Anybody know any independent advisors?
  2. l.a.a.s

    l.a.a.s New Member


    If your construction area is larger than what is allowed by the P.D.M , it will be dificult to legalize. Try a lawyer and see if you can use the solution "uso capião"

    Best regards
  3. villasluz

    villasluz New Member

    This problem will not be easy to be solved...
    There is only one way to know exactly if you will - or will not be able to legalize your property like it is now:
    You need an excellent architect or construction engineer who is well placed within the council (townhouse) and who can try to see which possibilities you have.
    Like I referred before - it seems that your problem will not be easy to be solved.
    Good luck!
  4. f_ribeiro

    f_ribeiro New Member

    Hello Elliott

    I'm an architect. Can you please clarify a couple of things?

    1. Is all the construction new?
    2. Did you previously had the "licença de utilização" issued by the Câmara?
    3. In a situation like this, the usual is to submit for aproval plans to change the house. Have you done anything similar?

    Regarding the "uso capião" mencioned by laas, it takes minimum 14 years and you have to request it in court.
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