Art. 1070º — Código CivilLei 56/2023 (Mais Habitação) — Mais Habitação

Habitability License in Portugal: Requirements for Renting a Property

A valid habitability license (licença de habitação) is legally required before renting any residential property in Portugal. Learn what it is, how to obtain one, what happens if you rent without it, and the exceptions that may apply.

Legal Guide

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4 min read

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5 sections

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4 FAQs

1What Is a Habitability License (Licença de Habitação)?

A habitability license — known in Portuguese as a licença de habitação or licença de utilização — is an official document issued by the local municipality (câmara municipal) certifying that a building or dwelling unit is approved for residential use. It confirms that the property meets minimum safety, structural, and sanitation standards required by Portuguese building regulations.

Without a valid habitability license, a property cannot legally be rented for residential purposes. The license is distinct from the energy certificate (certificado energético), though both are required for rentals.

2The Legal Rules on Habitability Licenses

Portuguese law requires that any property offered for residential lease must have a valid licença de utilização authorizing habitation. The key rules are:

•Mandatory for all rentals: No residential lease can be legally executed without the property having a habitability license (RJUE — Regime Jurídico da Urbanização e Edificação).

•Landlord's obligation: The landlord must hold and present the license before or at the time of signing the lease.

•Municipal issuance: The license is issued by the local câmara municipal where the property is located.

•Permanent validity: Once issued, the license does not expire — unless the property undergoes significant structural changes that require a new application.

•Type must match use: The license must specifically authorize residential use (habitação). A commercial-use license does not qualify.

The Mais Habitação law reinforced that Finanças can cross-reference registration data with municipal licensing records, making it harder to rent unlicensed properties.

3How to Obtain or Verify a Habitability License

To verify an existing license: - Request a copy from the câmara municipal where the property is located - Ask the landlord to provide the license number and date of issuance - Check if the property's caderneta predial (tax registry) references the license

Cost: Typically €30–€100 depending on the municipality. Processing time varies from 2 weeks to several months.

If the property lacks a license: The landlord must apply to the câmara municipal, which may require a building inspection. If the property fails inspection, the landlord must make repairs before the license can be issued.

4Common Mistakes to Avoid

For landlords:

•Renting without checking if the property has a valid habitability license — this can void the lease and expose you to municipal fines.

•Assuming a commercial-use license covers residential renting — it does not; the license must specifically authorize habitation.

•Making significant alterations (e.g., converting a garage to a bedroom) without updating the license — structural changes require a new application.

For tenants:

•Signing a lease without asking to see the habitability license — you have the right to verify it exists before committing.

•Confusing the energy certificate with the habitability license — they are separate documents, and both are required.

•Renting a property that clearly lacks basic safety features (no fire exits, exposed wiring) — the absence of a license may indicate the property is genuinely unsafe.

5How CompliantLease Handles Habitability Requirements

CompliantLease includes the property license information in the contract's property description clause. The generated contract references the licença de utilização number and confirms the property is authorized for residential use. This ensures both parties acknowledge the property's legal status and provides documentation for Finanças registration.

Legal References

Art. 1070º — Código Civil

Establishes that the leased property must be suitable for the agreed purpose, including compliance with habitability requirements for residential leases.

Lei 56/2023 (Mais Habitação) — Mais Habitação

Reinforces habitability standards and links property licensing to the ability to register lease contracts with Finanças.

This guide is for informational purposes. For specific legal advice, consult a Portuguese lawyer.

Frequently Asked Questions

What is a licença de habitação in Portugal?

A licença de habitação (habitability license) is a municipal certificate confirming that a property meets Portuguese building standards for residential use. It is legally required before any residential lease can be signed.

Can I rent a property in Portugal without a habitability license?

No. Portuguese law requires a valid licença de utilização for residential rentals. Renting without one can result in municipal fines for the landlord and may affect the enforceability of the lease contract.

Does a habitability license expire in Portugal?

No. Once issued by the câmara municipal, a habitability license is permanent unless the property undergoes significant structural changes that require a new application and inspection.

Is the habitability license the same as the energy certificate?

No. They are separate documents. The habitability license (licença de utilização) certifies the property is safe for residential use, while the energy certificate (certificado energético) rates the property's energy efficiency. Both are required for residential leases in Portugal.

Mandatory Information for a Compliant Portuguese Lease Contract Landlord Guide: Your Rights and Obligations Under Portuguese Law