Zoning and 250m2 making existing buildings illegal

Share experience regarding ownership of property and/or living in Portugal.
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hpelly
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Zoning and 250m2 making existing buildings illegal

Post by hpelly »

We have had a villa since the 70's

We are now trying to get an AL licence, however we are falling at the 1st hurdle which is getting some drawings of the house made up and registered.

We have been told that the total square meterage on the plot is larger than the 250 maximum size for the plot.

There are 3 buildings in total + pool. The villa and the pool are OK but not the garage or room by the pool.

It has been suggested that we should only register the pool and the villa, which would make the other 2 buildings illegal.

Has anyone had experience of this, or got any solutions?

Thanks

Hpelly
RichardHenshall
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Re: Zoning and 250m2 making existing buildings illegal

Post by RichardHenshall »

Who is requesting the drawings?
santos
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Re: Zoning and 250m2 making existing buildings illegal

Post by santos »

I thought that it was the foot print versus plot size but you imply here that it is total sq mtrs versus plot size... If you extend the existing building which formula does the Concelho use ? I would be interested to know as I am considering extending our property. .
santos
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Re: Zoning and 250m2 making existing buildings illegal

Post by santos »

Think I read that covered area / footprint can only be 40% of plot size? Is this correct?
hpelly
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Re: Zoning and 250m2 making existing buildings illegal

Post by hpelly »

The drawings are required to get the habitation licence
RichardHenshall
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Re: Zoning and 250m2 making existing buildings illegal

Post by RichardHenshall »

Sorry, I've no experience of obtaining a habitation licence but I would imagine that you may have some work ahead of you to regularise your (1970s?) property. The AL licence is a mere formality in comparison.

If you don't have a habitation licence, isn't the whole property 'illegal', not just the excess area?
widge
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Re: Zoning and 250m2 making existing buildings illegal

Post by widge »

I had to apply for a habitation licence when I extended my property in 2012.

The drawings submitted to the camera for the original build turned out to be different to what was actually built (quite common), so had to get the whole property redrawn, apply for electrical certificate, construction certificate, gas and acoustic test certificates. This was coordinated by a professional with good contacts at the camara.

It is time consuming and expensive and was eventually sorted out by my very capable managing agent, she speaks Portuguese and is very conscientious.

You need professional help so suggest you reach out to local contacts with experience. €2000 + would be a likely cost. Hope this helps, good luck !
santos
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Re: Zoning and 250m2 making existing buildings illegal

Post by santos »

Absolutely will get professional advice from one of the architects in town but before doing so trying to get a an approx. idea of what is allowed vis 40% rule of total plot if indeed this is a fact ....thanks for posting..

KR
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Re: Zoning and 250m2 making existing buildings illegal

Post by LICY »

Our plot is 1100 and we were permitted 250. I am sure the 2 plots next to us also were permitted 250. One however was just over 800 plot and the other about 2500. Having said that I now hear the large plot cannot have a residential house. Many years ago it had a single storey car serving building/business. The town houses behind us must also be 250 (3 or 4 beds over 3 floors) however their plots are not very big.

Like Widge said you need to undertake a lot of work when you have an old property to be able to submit an AL application. As far as I am aware without a habitation license a property cannot be sold and you cannot now have water and electric installed other than the builder services. Fortunately you had all that years ago. We faced this when we got cut off from builders supply without warning. We were waiting for the final papers to be submitted after the build completed in 2012. As soon as it came through and we could prove it EDP sorted it quickly.

Wishing you a speedy resolution.
RichardHenshall
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Re: Zoning and 250m2 making existing buildings illegal

Post by RichardHenshall »

LICY wrote:... As far as I am aware without a habitation license a property cannot be sold ...
AFAIK, if the property is owned by a company (offshore or otherwise) and the whole company is sold, the property can change hands without the normal restrictions. All the problems just accrue to the new owner of the company.
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