Prior Communication: Simplifying and streamlining the execution of construction works

When planning to undertake a construction, extension, or alteration project in Portugal, you will inevitably need to obtain the appropriate authorisations from the Municipal Council. Among the available urban planning procedures — licensing and prior communication — the latter offers a faster, less bureaucratic, and particularly suitable option for specific urban contexts.

Prior Communication is a key instrument within the Legal Framework for Urbanisation and Building (RJUE) that, under certain conditions, allows building works to begin quickly without the need for formal prior approval from the municipality. Understanding when and how to use this procedure can lead to significant advantages in time, administrative efficiency, and legal certainty.

This article clearly explains what prior communication is, when it applies, its advantages compared to traditional licensing, how the procedure works, the requirements that must be met, and the precautions to take when choosing this route.

Single-family house built following Prior Communication approval

What is Prior Communication?

Prior Communication is a simplified administrative procedure for carrying out urban operations, regulated by Decree‑Law No. 555/99, of 16 December, as amended. Unlike licensing — where the municipality formally approves or rejects the project — Prior Communication is based on a declaration submitted by the applicant that, if correctly prepared, does not require any explicit act of approval from the local authority.

Key features:

• No formal approval — The Municipality does not issue a formal decision of acceptance.

• No formal refusal — The Municipality may only summarily reject a request if it is incomplete or clearly illegal.

• Quicker project start — Works may begin 20 working days after submission, provided fees are paid and there is no rejection or request for clarification.

• The authorising document — The electronic proof of submission and payment of fees serves as the valid title to begin the works.

The procedure assumes that the project fully complies with all legal and planning regulations. Responsibility for such compliance lies entirely with the applicant and their technical team through signed declarations of responsibility.

When does Prior Communication apply?

Prior Communication is not suitable for every project. It is reserved for cases where zoning and planning rules are clearly defined or where an official favourable decision already exists.

Applicable situations (Article 4 of the RJUE):

• Works on approved subdivision plots.

• Construction, extension, or alteration in areas covered by detailed plans.

• Projects within consolidated urban areas regulated by municipal plans.

• Projects based on an approved and valid Preliminary Information Request (PIP).

• Construction of private swimming pools.

• Interior alterations not affecting structure, façades, or common areas.

• Reconstruction respecting existing volume, design, and dwelling count.

• Small extensions within established planning parameters.

Not applicable (licensing required):

• Works on listed or heritage buildings.

• Works in classified or protected sites.

• Land division (subdivision operations).

• Works in unplanned or rural areas.

• Projects with significant environmental impact requiring external assessments.

Licensing vs Prior Communication

Aspect	Licensing	Prior Communication
Decision	Formal approval or refusal	No approval; only possible summary rejection
Scope	Unplanned or protected areas	Clear planning zones, subdivisions, or approved PIP
Document delivery	Phased (architecture then specialties)	Simultaneous (architecture + specialties +  construction documents)
Review period	60–120 days or more	20  working days
Work start	After licence issuance	20 days post‑submission + payment
Municipal control	Detailed pre‑analysis	Ongoing inspection during/after works
Responsibility	Shared (municipality + technical team)	Full responsibility by qualified professionals
Best for	Complex or sensitive projects	Simple projects in regulated zones

Main advantages

1. Speed and efficiency. Legal response time is 20  working  days. If no rejection occurs, works may begin immediately after fee payment.

2. Administrative simplification. All documentation is submitted together — architecture, engineering, and technical responsibilities — reducing steps and delays.

3. No formal approval needed. Proof of submission plus payment receipt is enough to start building.

4. Clear‑rule suitability. Designed for plots within approved plans, detailed zoning, or valid PIP.

5. Reduced initial cost. Time savings and fewer procedural steps can offset equivalent fees.

6. Professional accountability. Greater reliance on architects and engineers ensures higher technical rigour.

Step‑by‑step procedure

1. Verify eligibility (ensure the project fits one of the qualifying cases).

2. Prepare a complete project (architecture and all specialties at submission).

3. Obtain required external opinions if legally necessary.

4. Appoint contractor and project director before submission.

5. Prepare responsibility statements from all project authors.

6. Submit electronically through the municipal platform with all required materials.

7. Post the notice on‑site within 10 days of submission.

8. Wait for municipal response (20 working days): no reply = go‑ahead.

9. Pay urban fees before commencing work.

10. Notify project start at least 5 days in advance.

11. Undergo municipal inspection during and after execution if required.

View of the interior of the house built following approved Prior Communication

Risks and precautions

Although faster, Prior Communication places more risk and responsibility on the applicant and technical team:

• Full compliance from day one — no corrections allowed post‑submission.

• Civil and professional liability for false or incorrect declarations.

• No “testing” phase for design options.

• Potential for summary rejection if serious irregularities exist.

• Obligation to appoint the builder early in the process.

Practical recommendations

Obtain a favourable PIP before submission.

• Hire experienced architects and engineers familiar with municipal rules.

• Ensure thorough compliance checks with all planning and technical standards.

• Consult external entities early when applicable.

• Submit complete documentation to avoid delays.

• Do not start works before the 20‑day period expires and fees are paid.

Prior Communication for Building Use

A specific form of this procedure applies to usage changes (Article 63 RJUE) for existing buildings with no structural works. The applicant must submit a technical statement confirming compliance of the intended use with regulations. If the municipality does not reject within 20 days, the new use is authorised.

Simplex Urban Reform and Prior Communication

Decree‑Law No. 10/2024 (Simplex Urbanistic Reform) expanded and reinforced this system:

• Mandatory Prior Communication for works within subdivisions.

• Shorter deadlines and simplified formalities.

• Stronger accountability for professionals.

• Fully digital processing.

• Greater focus on post‑construction inspection rather than pre‑approval.

Key takeaway

Prior Communication is a powerful administrative tool that simplifies and speeds up the approval process for building works where planning rules are clearly defined. It offers significant advantages — short deadlines, less bureaucracy, and the ability to start works within just 20 days — but requires meticulous preparation and full regulatory compliance.

Choosing between licensing and Prior Communication depends on context, project complexity, and technical readiness. Success relies on rigorous planning, experienced teams, and absolute conformity with all legal standards to ensure a swift, safe, and legally sound construction process.

Are you planning to move forward with a construction, extension, or alteration project and uncertain about which procedure is most appropriate — licensing or prior communication?

AC‑Arquitetos is available to assist you throughout the entire process, from the analysis of urban planning feasibility, through the preparation of accurate and legally compliant projects, to the submission and follow‑up of the procedure with the Municipal Council. With experience in licensing and prior communication processes, knowledge of urban planning legislation, and municipal regulations, our team ensures your project progresses with legal certainty, efficiency, regulatory compliance, and within the shortest possible deadlines. Contact us and rely on a team that transforms legal and administrative complexity into a clear, professional, and effective solution to deliver your project quickly and safely.