Minimum Habitability vs Current Regulations: Practical Differences in Legislation
- Ana Carolina Santos
- Nov 12
- 3 min read
The evolution of housing legislation in Portugal reflects a growing concern for citizens comfort, safety, and health. This article examines the differences between the concept of minimum habitability and the current requirements of the General Urban Buildings Regulation (RGEU), highlighting the challenges and opportunities they present for developers, property owners, and professionals in the sector.
What Is Minimum Habitability
Minimum habitability refers to the basic conditions a dwelling must meet to ensure acceptable standards of comfort, sanitation, and safety. Historically, these requirements were set out before the RGEU and aimed to:
Guarantee basic hygiene and health protection
Provide adequate space for essential needs (sleeping, cooking, hygiene)
Prevent basic structural hazards
Ensure access to potable water and ventilation
However, the introduction and successive updates of the RGEU replaced this concept with stricter technical, planning, and safety standards.
Main Requirements of the Current Regulation (RGEU)
The RGEU sets detailed technical standards ensuring comfort, safety, sanitation, and functionality in housing. The regulation defines:
Minimum room dimensions (bedrooms, living areas, kitchens, bathrooms)
Minimum ceiling heights (2.70 m in habitable areas)
Rules on sunlight exposure, natural ventilation, and orientation
Material specifications for durability, waterproofing, insulation, and resilience
Universal accessibility and protection against noise, fire, and dampness
Guaranteed water supply and proper sewage evacuation
Land sanitation and moisture protection standards
Key Differences Between Minimum Habitability and the Current Regulation
Aspect | Minimum Habitability | Current Regulation (RGEU) |
Number of rooms | Basic requirements | Typological system with minimum areas |
Ceiling height | About 2.40 m | 2.70 m for main floors |
Ventilation and lighting | General requirements | Specific, measurable criteria |
Circulation space | No defined standards | Corridor and doorway minimums |
Land health conditions | Basic | Reinforced municipal inspection |
Structural safety | Elementary | Certification and testing required |
Material specifications | Permissive | Certified, insulated, durable materials |
Today, the RGEU goes beyond guaranteeing basic conditions—it sets a rigorous, multidimensional standard for housing quality.
Implementation and Municipal Oversight
The RGEU serves as the mandatory framework for all projects submitted for municipal licensing.
Municipal authorities verify technical compliance and may request additional studies, particularly when structural modifications are proposed or existing buildings are adapted.
Older properties built under minimum habitability rules may be subject to inspections and mandatory work to correct structural, sanitary, lighting, or safety issues.
Non-compliance with RGEU standards can block legalisation, property transfers, or access to mortgages and rehabilitation funding.
Practical Examples
A dwelling built with ceilings below 2.70 m and only one window per room may have been legal under minimum habitability but cannot be regularised today without renovation.
A kitchen without direct ventilation or proper drainage fails to comply with the RGEU, even if it meets basic habitability.
Basements and attics used as housing must comply fully with technical standards on sunlight, ventilation, height, and waterproofing.
Practical Advice
Request a professional technical survey before beginning works on older properties
Confirm the compatibility of materials and construction methods with current regulations
Check municipal by-laws that may impose additional requirements to the RGEU
Work with architects familiar with modern technical and legal standards
Plan rehabilitations carefully to meet future certification needs
Conclusion
The concept of habitability in Portugal has evolved from ensuring basic dignity to setting a high standard of comfort, safety, and quality of life. The technical demands of the RGEU not only protect the built heritage from deterioration but also promote safer and more sustainable housing environments. Careful reading of the law, combined with professional architectural expertise, is crucial to transforming projects into legally compliant and valuable housing solutions.
