Preliminary Communication: When the Municipal Council Does Not Respond - What You Need to Know
- Ana Carolina Santos
- 5 days ago
- 3 min read
In a construction, extension, or alteration project, time is a critical factor. Within the Portuguese legal context, the Preliminary Communication (Comunicação Prévia) procedure was created precisely to expedite the processing of works. But what happens when the Municipal Council does not respond within the deadline? This is where many owners and investors wonder what they can — and should — do. To understand the importance of deadlines and possible actions to take, it is essential to comprehend how this type of procedure works.
What is the Preliminary Communication
Preliminary Communication is a simplified licensing mechanism that allows work to begin without requiring prior formal approval from the Municipal Council, provided all necessary elements are correctly submitted and comply with applicable regulations. In practice, it is an electronic or physical communication sent by the owner through a responsible architect, accompanied by all mandatory projects and declarations. Upon submission, the Municipal Council has a legal deadline to respond.
Municipal Council Response Deadline
The response time depends on the type of urban operation and is defined in the Legal Regime of Urbanisation and Building (RJUE). Generally:
20 working days for works exempt from external opinions.
30 to 40 working days when complementary opinions are required. The deadline starts from the receipt of all necessary and validated documents. During this period, the Municipal Council may:
Request additional clarifications or corrections.
Communicate the justified rejection of the communication.
Not respond at all.
What happens if there is no response
If the legal deadline passes without the Council responding, the Preliminary Communication is considered tacitly approved. This legal principle, known as tacit approval, aims to prevent administrative inertia from blocking regular projects. However, this benefit is not automatic: the technical responsible or owner must ensure all documents were complete and legally compliant at submission. In such cases, the interested party can request a tacit approval declaration from the Council or present documentary proof (such as submission receipts and deadline counting) to start the work.
Important considerations
Even if the Council does not respond within the deadline, prudence is advised. Starting work without formal confirmation of the Preliminary Communication's validity carries risks. Therefore, it is recommended to:
Confirm the submission and official receipt date.
Ensure all technical and legal elements were properly submitted.
Keep submission receipts and municipal protocol.
Seek support from an architect to verify the process's compliance before proceeding.
Formally request the tacit approval declaration from the Council in writing. These precautions protect the owner and the responsible technician against possible sanctions or interruptions during the work execution.
Useful Tips to Avoid Delays
Experience shows that many delays result from minor documentation errors or communication issues with municipal services.
To avoid surprises:
Plan the process in advance and follow the submission sequence indicated by the Council.
Ensure the process is complete and complies with the Legal Regime of Urbanisation and Building (RJUE) and the Municipal Master Plan (PDM).
Use electronic platforms, when available, to guarantee digital registration and automatic deadline tracking.
Maintain regular contact with the Council, confirming the process status.
A well-prepared process is the first step to ensure that tacit or explicit approval proceeds smoothly.
Benefits of Understanding the Process
Mastering the rules of Preliminary Communication grants the owner and designer greater autonomy and legal certainty. It enables better management of deadlines, contracts, and construction costs, and contributes to more transparent planning. Moreover, predictable timelines foster trust among investors, technicians, and public entities.
To consider
Knowing how Preliminary Communication works and its deadlines is more than a technical detail: it is a way to protect your investment and ensure the licensing process proceeds without blockages. Proper information and planning are the best allies of any project.
Need support submitting or monitoring your Preliminary Communication process? AC-Arquitetos guides you through all stages — from initial analysis to legal viability confirmation. Contact us and ensure your project proceeds with confidence, clarity, and security.
