Public Space Occupation: Everything you need to know before starting your construction work
- Ana Carolina Santos
- Nov 13
- 4 min read
When planning construction work in Portugal, whether a simple façade repair or a new build, one often faces a practical question: what if you need to occupy public space? Hoardings, scaffolding, containers, and cranes may be essential for the work but require specific authorisation. This is known as Public Space Occupation (OVP), a technical yet essential procedure ensuring the legality and safety of your project.
What is Public Space Occupation (OVP)?
Public Space Occupation refers to the temporary use of public areas—pavements, roads, and parking spaces—for construction-related purposes. This may include setting up equipment and structures supporting civil works, such as:
Site hoardings and barriers
Scaffolding for work at height
Cranes, lifts, and elevated platforms
Storage of materials or waste containers
Mixers, concrete machines, and other site equipment
Reserved parking for construction vehicles
The occupation of public space is not an automatic right: it is a temporary concession requiring municipal licensing.
OVP’s main purpose is to ensure the safety of workers and pedestrians, minimise inconvenience to the community, and guarantee that construction activities remain orderly and compliant.
When is an OVP permit required?
A Public Space Occupation permit is required whenever construction activities use public space. This applies to projects under preliminary control (licensing or prior communication) and those exempt from it.
Projects under Preliminary Control
In this case, the OVP is part of the main project submission. It covers:
Construction, reconstruction, expansion, or alteration subject to licensing or prior notice
Works within detailed or subdivision plans
Developments in urban areas compliant with municipal plans
Swimming pools associated with main buildings
Projects with favourable prior information
Tip: For controlled works, the Legal Framework for Urbanisation and Building (RJUE) allows including the OVP request with the main licensing process, avoiding additional formalities.
Projects Exempt from Preliminary Control
Even when a project doesn’t require a municipal licence, occupying public space still demands a specific permit. Examples include:
Maintenance and façade work (painting, cleaning, restoring)
Interior works not affecting structures or façades
Reconstruction or expansion without increased height
Window replacement or roof repairs
Note: Exemption from licensing does not remove the need for OVP authorisation. They are independent but complementary processes.
Who can apply for an OVP license?
The application must be submitted by the property owner or an authorised representative (via power of attorney). Public entities must also register their interventions and declare compliance with applicable regulations.
Licensing process and requirements
Timing
Submit the OVP licence request well in advance—typically 15–20 working days before construction begins.
Submission
Most municipalities now offer online platforms for submitting and tracking OVP requests. Applications may also be made in person at municipal offices or Citizens’ Shops.
Required documents
Application form (available on the municipality’s website)
Applicant and representative identification
Location plan at 1:2000 scale
Site plan at 1:1000 scale showing detailed occupation
Public Space Occupation Plan (POVP):
Must include:
Intended duration and work schedule
Occupied area and dimensions
List and location of equipment (fencing, scaffolding, containers, etc.)
Alternative pedestrian routes
Site fencing, entrances/exits, and temporary signage
Descriptive report explaining the nature and safety measures of the work
Responsibility term signed by a qualified technician
Proof of professional registration
Valid liability insurance
Building permit or proof of prior communication (if applicable)
Special cases include scaffolds over 25 metres or interventions affecting traffic, which require specific technical designs and police coordination.
Licensing approval and conditions
Once reviewed, the municipality issues the permit specifying validity, authorised area, permitted equipment, and operational conditions.
The licence holder must:
Display an OVP notice visibly on-site
Maintain proper signage and safety measures
Guarantee pedestrian access and limit noise as prescribed
Unlicensed occupation or non-compliance can result in fines, work suspension, and liability for damages.
Amendments, extensions, and fees
Amendments: Any change—like expanded area or added equipment—requires an amendment request.
Extensions: If work exceeds the approved period, submit an extension request before expiry.
Fees: Municipal fees depend on occupation type, area, duration, and location. Central areas are often more costly. In some municipalities, conservation works may be exempt.
If occupying paid-parking spaces (EMEL in Lisbon), an additional fee may apply.
Coordination and enforcement
Coordination may involve:
Municipal Police or PSP: When traffic is affected.
Utility operators: For interventions near water, electricity, gas, or telecom lines.
Municipal or police authorities oversee compliance. Violations can incur fines ranging from €500 to €50,000 and work suspension.
Practical examples
Façade painting: Even for exempt works, installing scaffolding on pavements requires OVP authorisation and safety certification.
New building: Include OVP in the main licensing process for cranes, hoardings, and waste containers.
Window replacement: A lightweight scaffold for two days still requires a short-term OVP permit.
Final considerations
Public Space Occupation is more than a bureaucratic requirement—it ensures safety, organisation, and community respect during construction. Proper planning, documentation, and compliance make the process smoother and avoid costly delays. Seeking advice from qualified professionals—architects, engineers, or project managers—saves time, money, and risk.
