Home Office: Change of Use between Housing and Remote Work in Portugal
- Ana Carolina Santos
- 2 days ago
- 4 min read
Remote work has profoundly changed the way we use our living spaces. This transformation has brought with it important regulatory issues that many owners and tenants are unaware of. Understanding the urban planning rules applicable to the use of a dwelling for professional purposes is essential to avoid illegality and ensure compliance with current regulations.
The Legal Context of Change of Use
In Portugal, the use of a building or unit is legally defined and cannot be altered without following the appropriate procedures. The Legal Framework for Urbanisation and Building (RJUE) establishes that any change of use—meaning a modification of the authorised purpose of a property—is subject to municipal control.
What Constitutes a Change of Use?
A change of use occurs when a space originally licensed for residential purposes is converted for other functions, such as:
Consulting rooms or professional practices
Offices for business activities
Studios or workshops
Small shops or services
Note: Merely working occasionally from home, while maintaining a predominantly residential function, generally does not constitute a change of use. However, when professional activity becomes the main function of the space, or involves significant foot traffic or substantial physical changes, formal procedures may be required.
When Must a Change be Communicated?
According to Article 62-B of the RJUE, whenever use is to be altered without prior urban development or building work, a prior notice with deadline must be submitted to the Municipal Council.This communication aims to:
Demonstrate the compatibility of the new use with local planning rules
Declare the suitability of the space for its intended function
Ensure the building meets technical and safety requirements for its new use
Required Documentation
The communication must include a statement of responsibility signed by a legally qualified professional (architect or engineer) confirming:
The compliance of the proposed use with urban planning regulations (Municipal Master Plans, zoning rules)
The physical adequacy of the space for its new function
Compliance with applicable technical construction standards
Implications for Condominiums and Shared Ownership
In buildings under horizontal property, changing the use of a unit may be restricted by the condominium regulations. It is common to find clauses that:
Prohibit or limit professional activities
Require approval from the residents’ assembly
Restrict the types of activities permitted
Practical advice: Before submitting any request to the Municipal Council, review the property title and condominium rules.
Assessment Criteria
To determine whether remote work qualifies as a change of use requiring municipal notification, key aspects should be considered:
Use intensity:
Number of hours dedicated daily to the activity
Permanent presence of professional equipment
Volume of materials or documentation stored
Impact on neighbours:
Presence of clients, suppliers, or colleagues
Noise or disturbance caused
Changes in building dynamics
Physical alterations:
Need for adaptation works
Installation of signage
Significant modification of the unit’s layout
As a rule, remote work carried out exclusively by the resident, without public access and without major physical changes, retains its residential classification and does not require notification. However, borderline cases must be assessed individually.
The Prior Communication Process
Deadlines and Procedure
Submission: via the Electronic Urban Planning Platform or directly to the Municipal Council
Timeframe: after 20 days from submission, the space may be used for the new purpose
Inspections: the Mayor may order an inspection if there are doubts about the suitability of the space
Consequences of Non-Compliance
Using a property for a purpose other than that for which it was licensed without notification constitutes an offence. The municipality may:
Order immediate cessation of unauthorised use
Enforce administrative eviction
Impose fines ranging from €250 to €3,740.98 for individuals and up to €44,891.81 for companies
Initiate proceedings for suspension or demolition where applicable
Municipal and Local Planning Rules
Master Plans, Urban Development Plans and Detailed Plans define land use categories for each area. Some municipalities also regulate:
Activities compatible with residential zones
Maximum percentage of non-residential use within housing buildings
Parking requirements for business activities
It is essential to review local planning regulations for the specific location before proceeding with any change of use.
Tax and Legal Implications
Changing from residential to business use involves tax considerations:
IMI (Municipal Property Tax): Higher rates may apply for commercial or services use. An update to the property record must be requested.
Personal Income Tax (IRS): Certain expenses may be deductible; appropriate accounting is required if professional activity is conducted.
Insurance: Confirm with your insurer that your policy includes professional activity; additional liability cover may be necessary.
Good Practices and Recommendations
Before starting activity:
✓ Review property documents (deed, licence, condominium rules)
✓ Contact the Municipal Council for clarification
✓ Consider hiring a qualified expert to prepare the statement of responsibility
✓ Inform the residents’ assembly, where applicable
During activity:
✓ Keep copies of communications and municipal approvals
✓ Respect condominium regulations
✓ Minimise disturbances to neighbours
✓ Keep fiscal documentation up to date
If changes occur:
✓ Notify the Municipal Council of any substantial modifications
✓ Submit a new communication if intended use changes significantly
✓ Update tax authorities as needed
The Role of Municipal Councils
Municipal Councils are responsible for:
Reviewing change of use notifications
Conducting inspections when necessary
Monitoring compliance with urban regulations
Enforcing corrective measures or penalties in cases of infringement
Post-approval inspections may occur at any time within ten years of submission.
Key Takeaways
The evolution of work models presents new challenges for urban and legal frameworks. Remote and home-based work have blurred the traditional boundaries between living and professional spaces. While existing legislation provides control mechanisms, property owners and professionals should recognise that:
Transparency and legal compliance prevent future issues
Each case must be analysed individually
Consulting qualified professionals avoids costly mistakes
Dialogue with the Municipal Council and condominium helps resolve issues efficiently
Balancing the flexibility required by new ways of working with compliance with planning and neighbourhood standards is achievable. It demands information, planning and accountability from all parties involved.
Need Professional Support?
Our team of specialised architects can:
Assess the technical and legal feasibility of your proposed change of use
Prepare all technical documentation required for prior communication
Sign the mandatory statements of responsibility
Coordinate the process with relevant authorities
Propose design solutions for spatial adaptation where required
