Inspection for Change of Use: What is assessed in the final approval of the property
- Ana Carolina Santos
- Nov 16
- 4 min read
Are you planning to convert a dwelling into a shop, an office into a residence, or a commercial unit into a service space? Changing the use of a building or autonomous unit is an urban operation with significant implications, and understanding the inspection procedure that may be required by the Municipal Council is essential to ensure the process proceeds smoothly and ends with the issuance of the occupancy permit that allows the new activity to begin.
Unlike other urban operations where inspection is always mandatory, a change of use without construction work may follow a simplified procedure—prior communication with a time limit—but the Municipal Council reserves the right to order an inspection if it deems it necessary to verify that the building or unit is in fact suitable for the intended new use.
This article clearly and objectively explains what a change of use entails, when an inspection is required, what is verified by the inspection committee, how to prepare the property for approval, and what practical steps can help avoid issues that could delay or prevent authorisation.
What is a Change of Use?
A change of use (or change of utilisation) means altering the authorised purpose of a building or autonomous fraction as established in its original occupancy permit or licence.
Examples:
Dwelling → Commerce (flat converted into a shop)
Commerce → Dwelling (shop converted into a residential unit)
Dwelling → Services (house transformed into an office or consulting room)
Commerce → Services (shop turned into a law firm)
Services → Dwelling (office converted back into a flat)
A change of use is always considered an urban operation subject to prior control under Article 4 of the RJUE, even if no physical construction, enlargement, or alteration work takes place.
Procedures for Change of Use
Without construction work
When no work is required—or when the work is exempt from prior control—the applicable procedure is Prior Communication with a deadline, under Articles 62‑A and 62‑B of the RJUE.
Required documents include:
Responsibility statement signed by a qualified architect or engineer declaring the suitability of the new use and compliance with applicable zoning and building regulations.
The property may be used for its new purpose 20 days after submission unless the Municipal Council decides an inspection is necessary.
With construction work
When the change of use involves structural or façade modifications or affects building installations or use parameters, it is subject to licensing or prior communication for works. In these cases, final approval only occurs after inspection and issuance of a new occupancy permit.
When Is an Inspection Required?
The City Mayor may order an inspection within 20 days of submission if:
The responsibility statement is incomplete or inconsistent.
There are serious reasons to doubt the suitability of the building for the new purpose.
Examples include:
Converting a flat in an old building to a shop without recent refurbishment details.
Changing to a restaurant or café requiring special fire and ventilation systems.
Converting a retail space into a dwelling that may not meet minimum habitability or hygiene standards.
If ordered, the 20‑day period is suspended until the inspection is completed and approved.
The Inspection Committee
The inspection is carried out by a committee of at least three technical experts designated by the Municipal Council—typically architects, civil engineers, and other specialists as necessary—who evaluate compliance with safety, health, and usage requirements.
What Is Checked During the Inspection?
The committee verifies the building’s compliance with the legal and regulatory requirements applicable to the new use, including:
Urban planning conformity (permitted use under the local master plan).
Minimum requirements for habitability, accessibility, and safety.
Structural stability and condition of building elements.
Adequacy of electrical, plumbing, gas, and ventilation systems.
Compliance with fire safety, noise, and hygiene regulations.
If the change is to residential use, minimum ceiling height, lighting, ventilation, and living space dimensions are checked. If the change involves retail or services, additional requirements such as fire resistance, accessibility, and sanitary facilities are assessed.
Possible Outcomes
Favourable report: The use is approved, and the authorisation is issued within 10 working days.
Conditional approval: Minor corrective works are required before authorisation.
Unfavourable report: The property is unsuitable for the intended use.
Preparing for a Smooth Approval
To increase the likelihood of a positive outcome:
Check zoning and use restrictions in the local plan.
Hire qualified professionals (architects or engineers).
Perform necessary adaptation works before filing the application.
Ensure the property is well maintained and accessible to inspectors.
Deadlines for Authorisation
Without inspection: automatic authorisation 20 days after submission.
With favourable inspection: authorisation within 10 working days.
With conditional inspection: authorisation only after corrective works are approved.
Special Regime – Change of Use to Housing (Simplex Urban Reform 2024)
Under Decree‑Law No. 10/2024, the change of use of a unit to housing is now simplified:
No condominium authorisation required.
Streamlined documentation.
Continued municipal verification of compliance with urban planning rules.
Practical Advice
Plan ahead and confirm regulation compliance before submission.
Engage qualified professionals for accurate technical validation.
Complete all adaptation works in advance to avoid delays.
Do not start operating before authorisation—unauthorised use is a finable offence.
Final Considerations
Changing the use of a building or fraction is more than an administrative formality. It demands full compliance with technical, regulatory, and safety requirements. The inspection process ensures that properties intended for housing, commerce, or public services meet all conditions of safety, comfort, and hygiene.
Proper preparation—technical evaluation, documentation accuracy, and legal compliance—is the best guarantee of a successful inspection and timely approval. Improvisation or reliance on assumptions often leads to refusals, costly corrections, or delays.
Do you plan to change the use of a property and need professional support to manage the process safely?
AC‑Arquitetos offers complete technical assistance, from the initial feasibility analysis and project adjustments (when required) to document preparation, follow‑up during inspection, and resolution of any issues raised by the committee. Our expertise ensures compliance, legal security, and efficient approval of your change of use project.
