Unlicensed works: what to check before buying a home

A home can look beautifully renovated and still raise important questions: an enclosed balcony, a garage turned into a bedroom, an annex, a pool, an attic used as living space or altered walls. Before signing the CPCV, check whether the real home matches the home described in the documents.

Why this matters more than it seems

The risk is not only "can the deed be signed?". The better question is: does the built, visited and advertised property match what is approved, registered and allowed to be used?

Since 1 January 2024, under Portugal's Simplex Urbanistico reform, the sale process became less dependent on showing the former use authorization and housing technical file at the deed stage. That does not make irregular works safe. In practice, it means the buyer should check earlier.

Documents to compare before the CPCV

Start with the normal purchase documents, but do not stop there. They are useful for raising questions, not for closing the analysis.

The critical step is comparing the visit with the municipal file: areas, floors, facades, balconies, annexes, garage, attic, basement, pool, terraces and room use. If the approved plan shows a garage and the visit shows a bedroom, that gap needs an explanation before you pay a deposit.

Common red flags

Not every red flag means a serious defect. But each one justifies a direct question to the seller, municipality or technician.

When the seller says the works are old, simple or exempt, ask for evidence or a technical opinion. Works exempt from licensing may still need to comply with municipal plans, easements, safety, structure, heritage, condominium and land-use rules.

Who should verify

Use the right professional for each doubt. A lawyer or solicitor helps with CPCV conditions, seller declarations, breach and legal consequences. An architect compares the property with the approved project and assesses whether the work may be regularized. An engineer should check structural changes. The municipality confirms the file and possible legalization. The bank confirms whether it accepts the property as collateral.

Apartments also carry condominium risk

In an apartment, works can create two layers of risk: municipal and condominium. An enclosed balcony, altered facade, covered terrace, occupied attic, annexed storage room or structural wall change may involve common parts, the horizontal property title, minutes and approvals.

Ask for recent minutes, regulations, the condominium charges declaration and, where works affect common parts or the building's appearance, proof of approval. Do not assume "exclusive use" means free ownership to build.

How to protect this in the CPCV

The worst time to discover unlicensed works is after paying a large deposit. If the purchase depends on urban planning legality, mortgage approval or technical validation, that should be written down.

The CPCV can require the seller to deliver municipal documents by a fixed date, declare known works, regularize issues before the deed, pay legalization costs or allow termination if the bank, municipality or technician does not validate the situation. A professional should draft the wording.

Next step

Before signing the CPCV, run a simple check: documents, municipal file, technical comparison and written questions to the seller. If something does not line up, delay signing or turn the doubt into a clear contract condition.