Change of Use without Works: Simplified Prior Communication with Deadline
- Ana Carolina Santos
- Nov 17
- 4 min read
How many times have you considered changing the use of a property or unit without carrying out any physical works? Perhaps you intend to convert a dwelling into an office, a shop into a clinic, or simply update the information on the previously issued occupancy title. Although it may seem simple, this operation has a specific legal framework that must be understood to avoid future complications and ensure your project proceeds in full legal compliance.
This article clearly explains the legal regime applicable to change of use without works, focusing on the procedure of Prior Communication with Deadline, introduced by the Legal Framework for Urbanisation and Building (RJUE) and reinforced by the Decree‑Law No. 10/2024 of 8 January.
What is a Change of Use without Works?
A change of use without works refers to changing the function or use of a building or independent unit without performing any physical works subject to prior control. In practice, the property remains physically unchanged — no demolitions, constructions, enlargements, or structural alterations — but its purpose changes.
Typical examples include:
A dwelling converted into an office.
A commercial unit transformed into a medical clinic.
A warehouse turned into an artist’s studio.
A professional office repurposed as housing.
Even though no construction works occur, this operation always requires prior control by the Municipal Council to ensure legal compliance.
Legal Framework under the RJUE
Article 62‑B of the RJUE, introduced by the Decree‑Law No. 10/2024, states that any change in the use of a building or unit—or updates to an existing use title not preceded by construction—must be subject to Prior Communication with Deadline.
This communication must:
Demonstrate compliance with applicable legal and regulatory use provisions.
Confirm the suitability of the building or unit for the intended function, including mixed uses.
Simplification by the Urban Simplex Programme
The 2024 amendments significantly simplified this procedure by replacing the previous authorization of use with a faster and less bureaucratic communication process, reducing deadlines and costs and improving interaction between citizens and public administration.
Procedure: How the Communication with Deadline Works
1. Preliminary Feasibility Check
Verify compatibility with planning instruments:
Municipal Master Plan (PDM).
Urban Development Plans or Detailed Plans.
Municipal regulations or restrictions.
Request information from municipal services if necessary
2. Preparation of the Communication
Core document: Statement of Responsibility signed by a qualified professional, declaring:
Legal compliance of the intended use.
Suitability of the building for the proposed use.
Supporting documents include:
Digital application form and signature.
Property registry access code.
Building layout plans and usage table.
Optional photographs.
3. Submission
Submit electronically via the municipal portal (for example, Lisboa Online or Balcão do Empreendedor).
4. Municipal Review Period
The Council has 20 days to review:
If no response, tacit acceptance applies.
If non‑compliance is found, the communication is rejected.
Inspection may be ordered where necessary.
5. Inspection (if applicable)
Conducted within 20 days by at least three municipal experts. It may confirm compliance, impose corrective measures, or justify refusal.
6. Start of Use
The property may be used for its new purpose:
Immediately after 20 days if no objection or inspection occurs.
After issuance of a positive inspection report.
Special Cases and Exceptions
Condominium Units: May require authorisation from the owners’ assembly per the property’s constitution deed.
Protected Properties: Heritage or protected areas may need consultation with cultural authorities.
Sectoral Licensing: Certain activities (restaurants, clinics, schools, food retail) require additional licences beyond municipal compliance.
Municipal Supervision and Non‑Compliance
Using a building or unit for an unauthorised purpose without submitting prior communication constitutes an administrative offence, subject to fines between €250 and €44 891.81, sanctions such as closure orders, and loss of public subsidies.
Fiscal and Registry Aspects
Tax update: Notify the Tax Authority of the change to update the property’s classification and tax value.
Land Registry: Check with the registry office if updates are needed, especially when usage change is substantial.
Advantages of the Prior Communication System
Simplified process — No use authorisation required.
Shorter deadlines — Maximum 20 days for approval.
Reduced bureaucracy — Fewer documents, greater reliance on the professional’s responsibility.
Predictability — Clear timeframes and criteria.
Practical Advice
Before submission: Verify zoning, condominium rules, and potential sectoral licences.
During the process: Engage a qualified technician, ensure all documents are complete, and prepare for a possible inspection.
After submission: Wait 20 days before using the property, update tax details, and inform the condominium if applicable.
Key Considerations
Changing the use of a property without works still carries legal, urban, and fiscal implications. The Statement of Responsibility is the cornerstone of the process, placing accountability on technical professionals and property owners to ensure that the new use meets all urban, safety, health, and accessibility standards. This simplified regime balances efficiency with legal integrity, allowing quicker outcomes while safeguarding public interest, building safety, and urban quality.
Need expert support for your change of use project? AC‑Arquitetos can assist you from feasibility analysis to final communication submission, including preparation of all technical documents and legal compliance checks. Contact us for professional guidance that ensures a smooth, secure, and fully compliant process.
