Planning / Building Permission Algarve

[Dolphinz]

Some advice needed...

I am considering to buy some land near Faro, with the intention to build on it. The land is classified as "rustic" and I have heard that obtaining planning permission can be (very) tricky. While I have the time to wait on the outcome of lengthy bureaucratic procedures, I would like to hear from some experienced people on the forum (yes, that is you!) on what may be possible

Thanks!
Simon

My questions:
- Is it possible in principle to obtain planning/building permission on rustic land?
- What are the steps to do so?
- I heard that, depending on the size of the land, a certain percentage of it (i.e., a plot) can be reclassified such that planning/building permission can be given for that plot. From what area of rustic land does this become applicable?
- I also hear that if the rustic land area is over a certain large size (above 20 hectares?),no planning / building permission is required. Is this true?

 

[Lysos]

Surely, you would be better asking a local lawyer, versed in local planning laws before purchasing, rather than relying on information gleaned here that may not be accurate ?.

 

[Dolphinz]

I was under the impression this was a knowledge and experience sharing forum. I seek to glean exactly that, inaccurate as it may be.

 

[Donald]

Building on rustic classified plot

Greetings Dolphinz,

If the plot is classified as rustic (rustico) then building on it will be impossible - no matter how much paper work you shuffle. The best you can manage is to put a mobile home on said plot. As to the 20 hectares law I believe that is in fact true but if you visit the local Registo Predial they will inform you - free of charge.

Regards

 

[Portuguese Man of War]

Building in Portugal

Been living in Portugal since Oct 2006 and have known the country since 1980.

DO NOT ATTEMPT TO BUIlD IN PORTUGAL ! The risks are beyond your worse expectations.

Only purchase a property that is ready to move in or tired and in need of TLC... Make sure the property has been registered with the council and that all ( most) alteration are more or less legal..

Any other strategy is doomed to failure and would lead decades of legal misery and major loss of money.

You have been warned ;-) You'll thank me later...

 

[Dolphinz]

Re. Man-o-War: I sense a longe tale of woe behind what you wrote -- thanks for the warning! but there must be success-cases as well?

 

[omostra06]

Been living in Portugal since Oct 2006 and have known the country since 1980.

DO NOT ATTEMPT TO BUIlD IN PORTUGAL ! The risks are beyond your worse expectations.

Only purchase a property that is ready to move in or tired and in need of TLC... Make sure the property has been registered with the council and that all ( most) alteration are more or less legal..

Any other strategy is doomed to failure and would lead decades of legal misery and major loss of money.

You have been warned ;-) You'll thank me later...

It does sound like you may have had some personal building nigtmare,
The process of building a new house here in Portugal can be complicated and very slow, especialy gaining the planning approval. but if you follow the procedure correctly and have good advice it should all go according to plan without major problems.
Many of the stories we hear about people having problems are when they buy an illegal building and then try to legalise it, or build something without planning themselves, this can lead to yours of problems to sort out

 

[syebba]

You really need to learn about the status of land you may buy.
I'm in the process of buying coastal land in montenegro as prices are down 40%.

It's worth doing this.
1]pay an architecht to do a feasability survey,status of land,build co-efficient,type of build permitted should be classified on detailed urban plans at local municipality.
2]Get an independant lawyer to check thoroughly the title deeds.
3]Also if you intend to build on the land for profit,you need to know local build costs & resales to see if it's viable,an architecht will give you an idea of build costs,resale research yourself,don't trust pie in the sky estate agents.
4]You should really look at approx 20 land plots in your chosen area to compare price/views/infrastructure/electric/water/access road etc.

Lastly forget rustic,non urbanised land,it's cheap for a reason,you could get lucky,but your likely to be dead before it's granted planning permission.

 

[omostra06]

You really need to learn about the status of land you may buy.
I'm in the process of buying coastal land in montenegro as prices are down 40%.

It's worth doing this.
1]pay an architecht to do a feasability survey,status of land,build co-efficient,type of build permitted should be classified on detailed urban plans at local municipality.
2]Get an independant lawyer to check thoroughly the title deeds.
3]Also if you intend to build on the land for profit,you need to know local build costs & resales to see if it's viable,an architecht will give you an idea of build costs,resale research yourself,don't trust pie in the sky estate agents.
4]You should really look at approx 20 land plots in your chosen area to compare price/views/infrastructure/electric/water/access road etc.

Lastly forget rustic,non urbanised land,it's cheap for a reason,you could get lucky,but your likely to be dead before it's granted planning permission.

I agree with most of this, its very important when buying land with a view to building that you choose a good plot, keep in mind resale if thats why your doing it.
Spending 20 or 30,000 more on a better plot in a better location should return you a lot more when selling and should get a quicker sale, as has been said above, some plots are cheap fora reason.

 

[Portuguese Law]

Hi!
As a lawyer practising in the algarve I have already dealt with situations concerning construction law and planning permissions that made me feel shame for being Portuguese thus I would tend to agree with some remarks made by "Portuguese Man of war".
Having said this do contact a reliable lawyer before going to an architect as although they should be able to guide you they are not lawyers and believe me when I say to you that portuguese planning law and construction law are a maze within the Portuguese legal system. Explain what you want to do in the land to your lawyer and wait for his advice before you enter into an agreement with the seller!

 

[overseaspropertyadviser]

Hi,

want an advice, buy a land with planning permission to start build, or either a land with viability (inserted in a urbanização).

Is more expensive, but definitely much easier.

best regards

 

[lena green]

Hiya mate, I found a super patch in 2006 I went to the Silves Camara to ask what I could be build and was told 100% two stories high and planning will be 3-6 months. (15 apartments) All lies. My 100% turned to be 58% and the time was 33 months. (5 apartments).
The problem is the Camaras are not organised correctly, don`t speak English and are totally incompetant. They had my application almost two years before retuning it advising this area is conservation, go to Ministry of Confusion, Stealth and Total Obscurity and re apply !!
There are more properties built here illegally than those with planing granted owing to the lifetime it takes to get permission. Its a nightmare and it will never be right until they realise they are inhibiting growth by delaying planning permissions.
The whole concept needs to be taken away from the Camaras and given to an independent town planning company who can deliver in 90 days i.e 30 days to register, 30 days to consider and ask questions and 30 days to decide. After that, build by deemed consent if no reply.
Its a shame really that I have to write like this but incompetance riles me when it can be so easily resolved. Its truly a lovely place but badly run and needs a total restructure to bring it into the 21st century. Gordon Brown could apply for that job or anyone else with half a brain.

 

[Dolphinz]

To all contributors, thank you very much!