Residential swimming pools: Simplified procedure through Prior Communication
- Ana Carolina Santos
- Nov 19
- 3 min read
The construction of swimming pools in family homes has become increasingly popular in Portugal, especially after the pandemic. However, many owners are unaware of the legal procedures necessary to build a pool on their property. The good news is that the procedure has been significantly simplified with the prior communication regime.
What has changed in the legislation?
Since 2017, the construction of pools associated with the main building is subject to prior communication. This change drastically simplified the process by eliminating the need for prior licensing for this type of construction. Prior communication represents a significant evolution in Portuguese urban law, allowing owners to commence works immediately after submitting the required documentation, provided they meet applicable legal requirements.
Legal framework for family pools
According to Article 4, No. 4, Paragraph j) of the Legal Regime of Urbanisation and Building (RJUE), “the construction of pools associated with the main building” is expressly foreseen as an urban operation subject to prior communication.
Key characteristics of the Prior Communication regime
Advantages include:
Immediate start of work: no need to wait for prior authorization from the Municipal Council
Faster process: elimination of analysis times typical of licensing
Less bureaucracy: simpler documentation compared to licensing
Technical responsibility: the responsible professional ensures legal compliance of the project
"Prior communication allows owners to realise their pool projects more quickly while maintaining legal compliance.”
Essential requirements for Prior Communication
Association with the main building
The pool must be necessarily associated with an existing main building; isolated pools cannot be built under this regime.
Compliance with urban regulations
Although the process is simplified, all legal and regulatory rules still apply, including:
Municipal or inter-municipal territorial planning plans
Easements and public utility restrictions
Technical construction standards
Municipal urbanisation and building regulations
Suitable technical project
The project must be prepared and signed by a qualified professional, including:
Location and site plans
Excavation and foundation plans
Water treatment systems
Pumping and filtration technical installations
Safety and protection measures
Limitations and exceptions
Classified properties require special attention and may need prior licensing instead of prior communication.
Sensitive areas (National Ecological Reserve, National Agricultural Reserve, water supply protection zones) may have specific rules requiring case-by-case analysis.
Practical Prior Communication process
Preparation of documentation (official form, architectural and technical projects, ownership proof)
Mandatory electronic submission through the municipal platform
Work can start immediately after submission, with the owner and technical professionals responsible for legal compliance
Responsibilities and inspection
Technical professionals must ensure compliance with all applicable legal norms and municipal regulations.
Municipalities retain oversight powers during and after construction, including enforcing compliance, requesting corrections, issuing sanctions, or ordering demolition if necessary.
Advantages for owners and municipalities
Owners benefit from speed, predictability, cost savings, and procedural flexibility. Municipalities enjoy administrative efficiency, resource optimisation, simplified procedures, and transparent processes.
Practical advice
Prior consultation with municipal services to confirm feasibility and specific requirements
Hiring qualified technical professionals experienced in pool projects
Checking for easements, proximity to water supplies, and infrastructure compatibility
Ensuring compliance with safety standards and accessibility where applicable
Recent legislative changes
Decree-Law No. 10/2024 maintained the prior communication regime for pools, reinforcing its stability.
Future trends
Legislative evolution aims for greater digitalisation, further simplification, enhanced technical responsibility, and improved post-construction supervision.
Associated costs
Municipal fees vary, including communication fees and possible infrastructure charges. Project costs include professional fees, geotechnical studies if needed, topographical surveys, and specialty designs.
Common mistakes to avoid
Starting work without submitting prior communication
Ignoring technical norms despite simplified procedures
Failing to communicate changes to the original project
Neglecting to ensure complete and correct documentation
Reflection
The evolution of the legal regime for family pools reflects a broader trend of modernising and simplifying urban procedures in Portugal. Prior communication balances urban control with streamlined citizen processes but increases the responsibility on practitioners and owners. Success depends on collaboration among owners, professionals, and local administration within a framework of mutual trust and shared responsibility, aiming for more autonomy and focused supervision.
An important note: the information is for guidance only and does not replace consultation of applicable legislation or specialised technical advice. Each project has unique characteristics requiring individual assessment.
