Certificate Confirming Construction Prior to the RGEU: Clarify the Essentials

In the field of construction and urban regularization in Portugal, the Certificate Confirming Construction Prior to the RGEU is a fundamental document in many property-related processes. Although not common, its importance rises whenever there are doubts about the legality, licensing, or specific conditions of an older building constructed before the entry into force of the General Urban Building Regulation (RGEU).

Interior view of a house built before 1951 in Almada after rehabilitation and remodeling works

What is the Certificate Confirming Construction Prior to the RGEU?

It is a document issued by Municipal Councils certifying that a construction was completed before the RGEU came into effect (7 August 1951). This certificate proves that the building existed before the obligation to comply with the technical, health, and urban safety requirements set by the regulation, thus exempting it from fulfilling those standards at the time of its construction.

"The certificate confirming pre-RGEU status guarantees the legal existence of historic buildings, facilitating legalization, works, or registration processes."

What is this Certificate for?

The certificate is essential in various legalization situations for old properties:

• Licensing and alteration projects: It serves as evidence in licensing, regularization, or rehabilitation processes, avoiding automatic imposition of RGEU criteria.

• Property transfer and registry: Supports registration in land registries, especially when no usage license exists or formal municipal licensing never occurred.

• Composition of municipal processes: Helps clarify the status of the property in urban administrative procedures with the City Council, banks, or notary offices.

• Avoids unnecessary demolitions: Assures the Administration that the building can legally exist, avoiding sanctions or demolition of constructions with historical or patrimonial value.

When and why request this Certificate?

It should be requested whenever there are:

• Doubts about the building's construction date

• Absence of usage license, plans, or original processes at the Municipality

• Need for legalization, expansion, alteration, or rebuilding

• Limitations in transferring, mortgaging, or registering the property at Notaries or Land Registries

The certificate legitimizes old buildings, regularizing their status without retroactive imposition of post-1951 technical standards.

Where to obtain the Certificate?

• Municipal Council: Requests are made to the urban planning department of the municipality where the property is located. The department reviews presented documentation, cross-referencing records, old photos, plans, maps, and other historical evidence to confirm construction before the RGEU.

• Required documents: Property and tax documentation, historical records, old photos, cadastral inscriptions, testimonies, or other written proof. After verification, the Municipality issues the certificate, typically indicating the estimated construction date, location reference, and exemption from compliance with the RGEU at the time of the work.

Advantages and limitations

Advantages:

• Legal regularization of the building

• Easier registration and transfer processes

• Respect for history and local urban heritage

• Avoids high costs of adapting to current standards in renovations

Limitations:

• Does not exempt compliance with subsequent relevant standards (structural safety, health, accessibility) in new works

• May not be accepted for all purposes, depending on specific process requirements (e.g., financing or tax exemption requests)

House built before 1951 in Almada after rehabilitation and remodeling works

Practical examples

• Buying an old building for restoration: Requesting the certificate ensures the new owner will not be forced to change essential original construction features, crucial for rehabilitation success.

• Transferring housing without usage license: The certificate allows legal transfer and registration, removing common obstacles in deeds or registrations.

• Rehabilitation in historic centres: The certificate protects buildings in classified zones, allowing legalization of informal situations without destroying architectural identity or social memory.

Technical advice

• Check with the Municipality beforehand about required documents and deadlines.

• If possible, gather property documents, old photographic records, plans, fiscal information, or testimonies proving the building's age.

• Seek help from a qualified architect or specialized lawyer to facilitate and speed up the process.

• Keep the certificate with other essential property documents; it might be required in future situations.

Reflection

The Certificate Confirming Construction Prior to the RGEU is more than a formality: it guarantees the preservation of history and legality of older buildings in Portugal. It prevents modern requirements from being retroactively imposed on pre-existing heritage, valuing urban memory and simplifying life for those investing in the safe restoration and transfer of properties with “history.”