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How do you change your property´s licence?

Find out how to change your property´s licence quickly and easily, while complying with the legal requirements.

29 Sep 2023 min de leitura

A property's use is defined according to its purpose, which can be residential or non-residential (commerce, services or industry).

Changing the licence to use a property involves changing a legal authorisation that defines how a property can be used, according to its characteristics and the municipal legislation in force.

The process is usually necessary when the owner wishes to change the use of the property, for example from residential to commercial or from commercial to services.

Change of use licence, steps to follow:

1. Before starting the process, it is important to confirm that the property complies with the municipal masterplan (PDM) and local town planning regulations. The property's conditions of use may be limited by these regulations.

2. The change of use licence must be requested from the local council in the area where the property is located. The owner must submit a formal application requesting the change and indicating the new intended use for the property.

3. The process of amending the licence for use may require the following documents to be submitted:
- Architectural project, if works are required to adapt the property to the new use;
- Technical report proving the feasibility of the change;
- A copy of the property's title deed;
- Certificates relating to the safety of the building (e.g. fire safety, accessibility);
- Other licences or authorisations, depending on the nature of the alteration.

4. The Town Hall will analyse the application and the documentation submitted, checking that it is compatible with town planning, safety and environmental regulations. If works are required, a study will be carried out to assess the feasibility and impact of these works.

5. If the application is approved, the City Council will issue a new licence for use, which will allow the property to be used for the new purpose indicated.

Changing the title of a horizontal property

If you want to convert a shop into a dwelling, or vice versa, and the property in question is part of a building, you need to change the title deed. According to the law, the authorisation of all the owners of the building in which the property is located is required.

Post-alteration obligations: depending on the nature of the alteration, subsequent inspections may be necessary to ensure that the property complies with all the safety and use standards laid down in the licence. The owner must also fulfil all tax and administrative obligations related to the new use.

Important considerations:

- The process may involve administrative costs, fees for issuing the licence and expenses for architectural design or other necessary works.
- If the change of licence involves physical changes to the property (for example, adapting the space for a new use), you will need to obtain the relevant works authorisation from the town hall and hire qualified professionals.
- The change of use of the property must be compatible with the Municipal Masterplan. In some areas, certain uses (such as industrial or commercial) may be prohibited in predominantly residential zones.

This process can be complex, depending on the type of alteration desired and the specifics of the property, so it is advisable to enlist the help of a specialised lawyer or urban planning technician to ensure that all the steps are followed correctly.

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