Licenses for Occupation of Public Space: Understand the essentials of OVP

Occupation of Public Space (OVP) is a mandatory municipal license whenever construction, conservation, or maintenance works require temporary use of public space. This mechanism, regulated by the Legal Regime of Urbanization and Building (RJUE), is essential to guarantee public safety and regulate the use of municipal domain.

OVP for conservation works on a building in Lisbon

What exactly is an OVP?

An Occupation of Public Space is a municipal authorization allowing temporary use of public space with hoardings, scaffolding, material deposits, construction equipment, containers, or other installations related to urban operations. This license is essential for any intervention extending beyond private property limits.

The occupation must always be as short as possible, and municipal services issue opinions regarding time frames.

Types of occupations covered

OVPs apply to various situations, including:

• Hoardings and work protection fences

• Scaffolds and supporting structures

• Temporary storage of construction materials

• Containers for waste

• Cranes and lifting equipment

• Concrete mixers and batching plants

• Concrete pumps and related ducts

When is a license required?

Works subject to prior control

For works requiring municipal licensing or prior notification, the OVP request can be integrated into the main process. This simplification allows construction licenses to also cover public space occupation, avoiding additional procedures.

Works exempt from prior control

Even when works are exempt from licensing, such as conservation or minor urban relevance works, specific authorization may be needed to occupy public space. These include:

• Conservation and maintenance of buildings

• Painting and cleaning of facades

• Replacement of frames or roofing

• Minor repairs requiring scaffolding

Who can request it?

The legitimacy to request an OVP belongs to:

• Owner of the property where works take place

• Usufructuary or tenant with express owner authorization

• Authorized proxy with power of attorney

• Construction companies mandated by the work’s owner

Required documentation

The licensing process demands specific documents varying by work type:

Base documentation:

• Application addressed to the Mayor

• Proof of applicant’s legitimacy

• Location plan at 1:2000 or 1:1000 scale

• Scaled scheme of the intended occupation

• Descriptive justification report

Technical documentation:

• Liability statement from technical work supervisor

• Liability statement from equipment installation supervisor

• Damage liability declaration

• Valid civil liability insurance

Specific cases:

For licensed works, also include:

• Copy of construction license or permit

• Approved architectural project

• Liability statements of involved technicians

For exempt or conservation works:

• Building use license or proof of pre-1951 construction

• Technical justification for occupation necessity

Deadlines and procedures

Advance notice

Requests must be submitted 15 to 30 days before the intended occupation start, allowing municipal services to analyze and coordinate with other planned occupations.

License duration

Occupation duration cannot exceed the main works' timeframe. For exempt works, terms are set case-by-case after municipal service opinion. Conservation works lasting up to four months may be fee-exempt.

Extensions

When works cannot finish on time, justified extensions can be requested before license expiry.

Costs involved

Fee structure

Fees vary by municipality and generally include:

• Administrative submission fee

• Occupation fee per square meter and period

• Possible specific equipment-related fees

Exemptions and reductions

Fee exemptions apply to:

• Conservation works with occupation under four months

• Certain public interest works

• Municipal regulation specifics

Responsabilidade Civil

License holders assume full civil liability for:

• Damage to public roads

• Damage to public equipment

• Accidents involving third parties

• Restoring public space post-works

Specific obligations

During occupation, one must ensure:

• Proper safety signage

• Pedestrian pathways maintained when possible

• Constant cleaning of occupied area

• Compliance with license conditions

Liability of parties

Responsibility may fall on:

• Work owner (main responsible)

• Executing party for safety conditions

• Technical project supervisor

• Inspectors if contracted

Inspections and penalties

Inspection authority

Municipalities inspect private works; DGEMN inspects public entities checking compliance with licenses and safety rules.

Sanctions

Non-compliance may entail:

• Fines from €250 to €3,740.98 (individuals)

• Fines from €500 to €44,891.81 (entities)

• Ancillary sanctions like license suspension

• Closure of establishments in serious cases

Recent legislative changes

Procedure simplification

Decree-Law no. 10/2024 removed the need for specific occupation licenses when linked to licensed urban operations, integrating the occupation license into the urban license, greatly simplifying procedures.

Electronic platform

From January 2026, municipalities must use the Electronic Urban Procedures Platform for digital processing, enhancing efficiency and transparency.

Practical advice

Advanced planning

• Start requests timely

• Coordinate with ongoing urban requests

• Check for external entities’ opinions

• Confirm municipality required documents

Risk minimization

• Obtain adequate insurance

• Keep documentation updated

• Strictly follow licensing conditions

• Report changes to municipal services

Technical coordination

• Engage qualified technicians early

• Ensure consistency between work project and occupation

• Plan equipment and material needs

• Establish realistic work timelines

To reflect

Public space occupation is more than a bureaucratic requirement — it balances urban development needs and public interest. The recent simplifications combined with maintained safety requirements reflect regulatory evolution towards efficiency. Understanding this regime helps owners and promoters avoid delays, extra costs, and legal risks. Unlicensed or improper occupation risks project development and significant liabilities. Close collaboration with qualified technicians and proactive municipal communication ensures compliance and efficiency, contributing to urban space quality and citizen safety.

For support with licensing or public space occupation queries, AC-Arquitetos offers technical consultancy to secure your project’s success. Contact us for a personalized analysis of your case.