Rural Constructions: Challenges and Opportunities in the Application of Legalisation Regulations

The legalisation of urban development in rural areas in Portugal presents specific challenges distinct from urban contexts. While cities gradually adapted to the General Regulation of Urban Buildings (RGEU), rural areas maintained their own building dynamics, often conflicting with regulatory demands. Portaria No. 243/84 was established to address these realities, offering a legal framework adapted to rural construction scenarios. Thousands of rural constructions in Portugal remain irregular, having been built when urban control was less strict or absent. This situation demands a balanced approach, preserving rural community characteristics while ensuring basic habitability and safety standards.

Interior view of a house in a rural setting after refurbishment, renovation, and legalisation

Historical Background

The Portuguese countryside developed for centuries without formal urban planning, with buildings following traditional, functional, and local material patterns. The introduction of RGEU in 1951 set minimum standards that many rural buildings failed to meet. Migration pressures from the 1960s–70s led to increased rural construction, often without municipal licensing, creating a large stock of buildings needing legalisation.​

Features of Rural Clandestine Construction

• Predominance of self-built homes by owners

• Use of local materials such as stone and wood

• Progressive construction and improvements over time

• Multipurpose spaces combining living, agriculture, and livestock activities

Legal Adaptation: Portaria No. 243/84

Portaria No. 243/84 recognizes most of these buildings do not fit technical minimums in the RGEU. It sets special conditions for legalisation, focusing on technical and economic feasibility of conversion. Key regulatory flexibilities include:

• Minimum area for rooms set at 8 m², reduction from RGEU​

• Lowered ceiling height to 2.35 m (vs. RGEU’s 2.70 m)

• Corridor width minimum at 0.9 m

• Stair width minimum at 1 m in collective housing

• Permits one complete bathroom in homes with more than 4 rooms

• Focuses on minimising disproportionate investments, balancing quality and accessibility, and preventing large-scale demolition

Specific Application Conditions

Application of Portaria No. 243/84 requires:

• Independent access to the building (no shared entrances)​

• Guarantee of connection to public infrastructure (water, sewage, electricity)

• Technical inspection to ensure structural safety, habitability, and compliance with criteria​

Challenges and Limitations

• Dispersed rural settlements complicate infrastructure extension, making some buildings ineligible

• Many constructions use non-standard materials and techniques

• Mixed-use spaces (housing & agriculture) require careful analysis for legalisation​

• Excludes buildings in protected zones, high flood risk areas, sites without viable infrastructure, and those with severe structural defects​

Impact on Rural Communities

Legalisation supports population retention, boosts property values, and encourages local economic activity. It allows access to mortgage lending and promotes investment in building improvement. There are stimulus effects for the rural construction sector, and preservation of traditional building techniques is encouraged.

Exterior view of a house in a rural setting after refurbishment, renovation, and legalisation

Practical Guidance for Owners

• Confirm independent access and infrastructure connection

• Hire architects or engineers with rural experience

• Thoroughly evaluate eligibility and structural conditions

• Budget realistically and consider phased investments

• Seek municipal and utility authorisations

Future Perspectives

Ongoing regulatory trends favour greater process flexibility, simplification, and integration of rural development policies with legalisation efforts. Emerging challenges include adapting to climate change and integrating sustainable building materials and technologies to improve resilience in rural constructions.​

For Portuguese owners with irregular rural buildings, Portaria No. 243/84 offers a valuable legalisation opportunity. However, compliance with the specific requirements—especially regarding independent access and infrastructure connection—is essential for eligibility. Legalisation supports population retention, asset value enhancement, and local economic development, all while safeguarding rural identity and heritage.

Do you own a rural building that needs legalisation? At AC-Arquitetos, we understand the particularities of constructions in rural settings. Our experience in legalising rural buildings enables us to guide owners through every step of the process, from the initial eligibility assessment through to securing the final licences. Contact us for a specialised consultation and discover how we can help you transform your rural building into a legalised home, preserving its traditional characteristics while ensuring compliance with legal and technical requirements.