Prior Communication and Exempt Works: Key Differences in Licensing
- Ana Carolina Santos
- Nov 11
- 3 min read
The distinction between Prior Communication (Comunicação Prévia) and Exempt Works is one of the most relevant aspects of urban licensing in Portugal. Both procedures allow certain construction operations to be carried out with varying degrees of administrative simplification, each with its own characteristics, requirements, and scope of application.
What Is Prior Communication
Prior Communication is a declaration that enables an applicant to commence certain urban operations immediately after paying the applicable fees, without requiring any formal authorisation from the Municipal Council.
Key features:
Simplified procedure replacing traditional licensing
Immediate start of works after submission and payment
Increased technical responsibility for the applicant
Subsequent municipal inspection and control
Scope of application:
Defined by Article 4(4) of the RJUE, it applies to:
Small-scale construction, extension, alteration, or demolition works
Operations in consolidated urban areas with defined parameters
Interventions of limited urban significance
What Are Exempt Works
Exempt Works are operations that do not require any prior administrative control due to their minor nature and limited urban impact. These can proceed without a licence, authorisation, or prior communication.
Key features:
No prior administrative control required
Simple notification to the municipality five days before starting
Full technical and legal responsibility lies with the promoter
Subject to municipal inspection
Scope:
As per Article 6 of the RJUE and Article 6-A, includes:
Conservation and improvement works without modifying the building’s characteristics
Minor repairs and maintenance
Small temporary installations
Works of negligible urban significance
Key Differences
Aspect | Prior Communication | Exempt Works |
Procedure | Formal submission with documentation | Simple 5-day notification |
Fees | Required (self-assessed) | Not applicable |
Documentation | Projects and liability statements | Minimal or none |
Start of works | After submission and fee payment | After 5-day notice |
Municipal control | Later inspection | Inspection if necessary |
Technical responsibility | Shared with professionals | Entirely on the promoter |
Choosing the Appropriate Regime
Opt for Prior Communication when:
A specialised design or technical project is required
Structural or functional changes are involved
Urban parameters are affected
Formal technical liability is needed
Choose Exempt Works when:
The work is purely maintenance or conservation
No modification of building characteristics occurs
The impact on the urban or architectural context is minimal
Example: External building repainting qualifies as an exempt work.
Oversight and Responsibilities
Prior Communication:
The municipality may halt the works and enforce compliance if legal or regulatory standards have been breached, or if mandatory external opinions were not sought. Municipal oversight may extend up to ten years from the project’s approval.
Exempt Works:
Although exempt from prior control, such works remain subject to compliance with technical and legal standards. Municipalities may apply sanctions in case of irregularities.
Choosing the correct regime should depend on technical complexity and urban impact, not on procedural convenience.
Practical Recommendations
For Prior Communication:
Verify all required documents under the relevant decree
Ensure external consultations are completed where needed
Prepare appropriate technical responsibility statements
Calculate fees accurately for self-assessment
For Exempt Works:
Confirm that the work truly fits within the exemption criteria
Notify the municipality at least five days before starting
Keep records proving the nature of the intervention
Fully comply with all applicable technical regulations
Important warnings:
Misclassification can lead to fines or sanctions
Changes made during execution may alter the applicable regime
Always consult qualified professionals to confirm the correct legal framework
Illustrative Example
Case: Roof repair for a residential building
Only replacing damaged tiles: Exempt work (no alteration of features)
Changing roof structure: Prior Communication (alteration with technical relevance)
Changing materials or form: Licensing might be required (urban impact involved)
Final Considerations
The distinction between Prior Communication and Exempt Works reflects ongoing efforts in Portugal’s urban control system to simplify procedures while maintaining effective oversight. Correctly applying these regimes requires careful assessment of each project’s technical, legal, and urban features.
Misclassification can lead to serious consequences, from fines to later legalisation requirements. Consulting qualified professionals in architecture and urban planning ensures your project operates under the correct legal regime, guaranteeing compliance, efficiency, and procedural security.
