Professional Support in Urban Legalisation: The Importance of Qualified Technical Guidance

Legalising urban development operations in Portugal is a complex administrative and technical process requiring specialised knowledge, procedural rigour, and a thorough understanding of current legislation. In this context, professional technical support plays a decisive role in ensuring not only legal compliance but also efficiency, cost-effectiveness, and transparency throughout the process.

Detached house in Montijo after completion and Legalisation of the ground floor extension

What Is the Urban Legalisation Process

Legalisation refers to the procedure through which unlicensed construction or developments carried out in breach of urban legislation are regularised with the competent authorities, thus ensuring compliance with all applicable laws and regulations. Such cases may arise from:

• Construction without prior licence, permit, or communication

• Discrepancies between the built work and the approved project

• Alterations made during construction without municipal approval

• Old buildings lacking appropriate documentation

• Change of use without prior authorisation

When such irregularities are detected, the Municipal Council notifies the owner to voluntarily regularise the situation within a set deadline, under penalty of enforcement measures.

Complexity of the Legalisation Process

Legalisation involves advanced technical, legal, and procedural requirements far beyond completing administrative forms. Its complexity derives from:

• Technical and legal analysis of the construction status

• Precise identification of existing discrepancies

• Verification of compliance with current territorial planning instruments

• Assessment of conformity with technical standards and regulations

• Legal evaluation of the property’s current status

Mandatory documentation:

• Updated topographic survey

• Architectural and engineering project plans

• Technical responsibility statements

• Energy and acoustic certificates (when applicable)

• External institutional opinions (if required)

Procedural steps:

• Submission through the Electronic Urban Planning Platform

• Compliance with statutory deadlines

• Response to official notifications

• Coordination with external entities

• Monitoring until final permit issuance

Legalisation demands technical, legal, and procedural expertise that only qualified professionals can ensure.

Importance of Professional Guidance

Ensuring legal compliance

Architects and planners possess specialised knowledge of urban planning law, including the RJUE, RGEU, and municipal regulations. Their expertise ensures:

• Projects fully comply with current legislation

• Exceptional cases are correctly identified in advance

• Each intervention follows the appropriate legal pathway

• Risks of rejection are minimised

Optimising time and resources

Professional support ensures:

• Proper submission from the outset, avoiding corrections

• Efficient handling of procedural deadlines

• Clear identification of mandatory documentation

• Reduced overall processing time and costs

Preventing errors and rejections

Qualified professionals:

• Assess the technical and legal feasibility of legalisation in advance

• Identify potential limitations before submission

• Prepare full, compliant technical documentation

• Anticipate and resolve issues before they affect municipal review

Managing complex situations

Certain cases demand technical expertise and negotiation skills:

• Buildings predating the RGEU

• Non-compliances requiring technical exemptions

• Coordination with multiple external authorities

• Interpretation of transitional or exceptional legislation

• Resolution of registry or cadastral inconsistencies

Professional Responsibilities

Professionals preparing and signing legalisation projects bear civil, disciplinary, and sometimes even criminal liability for the accuracy and conformity of their technical documentation.

Responsibility statements must confirm:

• Compliance with applicable laws and regulations

• Conformity with municipal or intermunicipal planning instruments

• Alignment with existing land division licences

• Justified explanations of any legal deviations

Municipalities must report any irregularities in these statements to professional associations, potentially leading to disciplinary action.

Benefits of Technical Support

Aspect	Without Professional Support	With Professional Support
Legal compliance	High risk of non-conformity	Full technical and legal assurance
Processing time	Extended due to errors	Streamlined and efficient
Total cost	Unpredictable and inflated	Controlled and optimised
Technical quality	Limited and inconsistent	Detailed and precise
Legal security	Low	High
Problem-solving	Difficult or impractical	Proactive and effective

Practical Tips for Selecting a Professional

• Confirm professional registration and validity

• Verify proven experience in urban legalisation

• Request transparency on timelines and costs

• Ensure availability for municipal follow-up meetings

• Demand clarity regarding responsibilities and process limitations

Important Warnings

• Avoid promises of unrealistic timeframes

• Do not accept omissions of mandatory technical documents

• Reject unlicensed or unregistered professionals

• Refuse any shortcuts that bypass legal procedures

View of the extended ground floor interior

Practical Case Example

Case: Unlicensed dwelling extension completed 15 years ago

Professional actions:

• Detailed assessment of the existing structure and extension

• Verification of conformity with current planning instruments

• Preparation of architectural and engineering projects

• Submission of all required documents and certificates

• Oversight of the process through to final legalisation

Outcome: Successful legalisation, property appreciation, and elimination of legal risks.

Final Considerations

Legalising urban development operations extends far beyond an administrative formality. It is a technically and legally demanding process where professional support is not a discretionary cost but a strategic investment. Qualified experts provide legal, procedural, and technical assurance that protects property value, ensures compliance, reduces risks, and streamlines proceedings. In an increasingly regulated environment, professional guidance represents the key factor distinguishing successful regularisation from persistent non-compliance, preventing legal or financial penalties.

To ensure your legalisation process is carried out with technical precision, procedural transparency, and legal certainty, contact AC-Arquitetos. Here, experience and expertise ensure your project is developed under the best conditions, compliant with legislation and maximising your property’s value.