The Allure of Portugal’s Old Farmhouses
Dreaming of living in a quaint old farmhouse nestled in serene forests or reviving a historic agricultural building among Portugal’s olive-filled hills is common. The idea of restoring an old building in Portugal is charming. However, turning these dreams into reality is more intricate than one might initially think, especially considering the regulations set forth in Portugal’s pre-1951 law governing property ownership and construction.
Understanding the Regulations
While some may think renovating an old building in Portugal is straightforward and exempt from rules, the truth is quite different. Portugal, like other modern European countries, has laws and regulations that must be followed. Renovating old buildings in Portugal often involves adhering to guidelines set by local authorities, planning agencies, and heritage preservation organizations. These guidelines cover various aspects, including the building’s appearance, materials used, and preservation efforts. Obtaining the necessary permits and approvals before starting any work is crucial.
The Pre-1951 Law
In 1951, the Portuguese government approved a law called the Regulation for General Urban Buildings (RGEU). This pre-1951 law laid out some important rules for buildings, especially older ones. It basically set the stage for how properties could be used and changed.
Key Points of the Pre-1951 Law
Selling Properties Built Before 1951: If a building was constructed before the RGEU came into effect in 1951 and hasn’t undergone any major changes over time, it might be possible to sell it without needing a special permit. Local councils can confirm that the building is old enough to be exempt from certain rules, but it still might need other permits for habitation.
Renovating Older Buildings: If a building from before 1951 has been changed or expanded at any point, it’s a different story. Even if it’s old, it might still need permits for any renovations or alterations. The local council will need to evaluate the changes and decide if it meets the rules for habitation.
Urban Rehabilitation: There are also rules for renovating older buildings to make them safer and more comfortable to live in. These rules allow for certain improvements as long as they don’t make things worse or put people at risk. This includes things like strengthening the structure and making sure it’s safe during earthquakes.
Navigating the Renovation Process
In simple terms, if you’re renovating an old building in Portugal, you’ll need to follow the rules set by the pre-1951 law. Depending on what you’re doing, you might need different permits to make sure everything is safe and legal.
A Real-Life Scenario
Lately, many foreigners are eyeing properties in Central Portugal, attracted by the remarkably low prices. A popular idea among some potential buyers is to purchase a rundown building and renovate it themselves. But, there are some important things to consider before diving into such a project.
You might see lots of real estate agents promoting properties in rural Portugal on social media. They often talk about the pre-1951 law that makes buying and renovating old buildings seem easy. But, it’s not that simple. While they might mention local councils being helpful, they often don’t explain all the legal stuff you need to know.
Locals are usually happy to see their communities revitalized, but they can’t skip the legal steps. Getting the right permits can take a long time—sometimes years. And even after you get those permits, getting a license to actually live in the building can be a big challenge.
So, if you’re thinking about buying and renovating a rundown building in Portugal, it’s important to be realistic. Sure, the idea of cheap land is appealing, but you need to understand the legal side of things too. Renovating a ruin is possible, but it takes time and patience to navigate through all the rules and regulations.
Practical Insights about the Pre-1951 Law
Conversion Projects: Buildings like barns or old commercial structures aren’t automatically considered residential. To turn them into homes, you’ll need to submit a project for residential conversion and get a habitation license.
Permitted Changes: The pre-1951 law allows some modifications to old buildings, such as adding a roof and doors/windows. But major changes like altering structural elements or installing a new kitchen may not be allowed.
Remote Renovation Considerations: If you’re renovating a remote old structure, make sure access tracks to the land are registered for firefighters and that there’s a usable water source.
Temporary Living: While overseeing a dwelling’s rehabilitation on rustic land, you can live in a temporary structure like a motorhome or tent. But it must be disassemblable in under 90 minutes.
Year-Round Living with Ruin: You can live year-round on rustic land with a ruin if you’re engaged in registered agriculture/farm-related activity. Adding amenities like a bathroom or rustic oven may need a permit.
Temporary Roof Repair: If you buy a house with a collapsed roof but sound structure, you can repair the roof and live there temporarily for 9 months under the pre-1951 law. However, you can’t add a kitchen or bathroom without proper permits.
Local Variations: Each municipal governing body (Câmara) may have its own specific regulations regarding measurements, engineering, and architectural details. However, they all must follow the national laws.
Friendly Recommendations
Seek Legal Assistance: Enlist the help of solicitors and property lawyers to navigate the renovation process.
Understand Local Laws: Familiarize yourself with local property laws and essential national documents like the “Caderneta Predial.”
Engage with Regional Officials: Discuss regulations, incentives, and the rehabilitation process with regional officials, such as the Câmaras Municipais.
Empower Yourself with Knowledge: Being well-informed reduces the risk of encountering scams or unclear deals.
Avoid Uninformed Purchases: Purchasing property without proper information can lead to penalties and demolition orders.
Ensure Property Registration: Unregistered properties are more susceptible to fire hazards, particularly in the summer.
Consider Property Value: Unauthorized constructions may not increase property value and could lead to devaluation.
Case Study: Renovating an Old Farmhouse in Portugal
Scenario: Meet John and Sarah, a couple from the UK who dreamed of owning a farmhouse in Portugal. They found a charming, rundown farmhouse in Central Portugal, built before 1951. Excited about their find, they decided to purchase it and start renovations.
Step 1: Research and Legal Advice
John and Sarah began by researching the pre-1951 law and seeking legal advice. They learned that although their farmhouse was built before 1951, it had undergone some changes. This meant they would need permits for renovations. They hired a local solicitor familiar with property laws to guide them through the process.
Step 2: Engaging with Local Authorities
The couple visited the local council (Câmara Municipal) to discuss their plans. The council confirmed that they would need several permits, including a habitation license and approval for structural changes. John and Sarah also learned about specific regulations for their region, such as earthquake safety measures.
Step 3: Planning the Renovation
John and Sarah hired an architect experienced in restoring old buildings. Together, they created a renovation plan that respected the farmhouse’s original charm while meeting modern safety standards. They included details like roof repairs, new windows, and structural reinforcements.
Step 4: Obtaining Permits
With their plans ready, John and Sarah submitted them to the local council for approval. This process took several months, during which they maintained close communication with the council to ensure all requirements were met. They also secured temporary living arrangements in a nearby town.
Step 5: Starting the Renovation
Once they received the necessary permits, John and Sarah began the renovation work. They hired local craftsmen skilled in traditional building techniques. The renovation included repairing the roof, installing new windows, and reinforcing the structure to comply with earthquake safety regulations.
Step 6: Ongoing Compliance
Throughout the renovation, John and Sarah stayed in touch with the local council and their solicitor to ensure ongoing compliance with the pre-1951 law. They submitted progress reports and invited inspectors to check the work at various stages.
Step 7: Final Inspection and Habitation License
After several months of hard work, the renovation was complete. The local council conducted a final inspection to ensure the farmhouse met all legal and safety standards. Satisfied with the work, the council issued a habitation license, allowing John and Sarah to officially move in.
Step 8: Enjoying Their New Home
John and Sarah’s dream of living in a quaint old farmhouse in Portugal had come true. They enjoyed the serene surroundings and the satisfaction of restoring a piece of history. They also became active members of the local community, sharing their experiences and helping others navigate the renovation process.
Conclusion
Living your dream of renovating an old farmhouse in Portugal is definitely possible, but it’s important to recognize that achieving it requires effort and preparation. Don’t be fooled by agents and sellers who make it look easy – remember that their goal is to sell. Your job is to find the perfect property for you. Stay informed, be prepared, and gather as much info as you can. With all that, you’ll be all set to make your renovation dreams come true and find the ideal place to call home.
Remember, the pre-1951 law is a crucial part of the process. Understanding and following this law will ensure a smooth renovation journey and help you avoid legal complications. With patience and careful planning, your dream of living in a beautifully restored farmhouse in Portugal can become a reality.
Also Read: How to buy Seized Assets in Portugal
Picture Source: pexels.com
Disclaimer: This post is for educational purposes only and reflects our understanding of the topic. Please seek professional advice before making any decision.