Rebuilding an old house may not require a permit

Rebuilding old houses becomes simpler

The new urban planning licensing regime has introduced significant changes for those who intend to rebuild an old house. Decree-Law No. 108/2026, published in May and now in force, has expanded the cases in which certain works are exempt from a permit or prior notification.
The change comes amid strong pressure on housing. According to INE, house prices increased by 17.6% in 2025, the highest growth in the available series.
To benefit from the exemption, the rebuilding must restore the property's last legally valid state. In general terms, this means maintaining the composition of the façades, dimensions, openings, roof and projecting or recessed elements.

Not all works are exempt

The exemption no longer applies when the intervention constitutes an extension of the property. Increasing the footprint or total floor area, façade height, building height or volume may change the classification of the works.
It is also possible to improve materials, safety and health conditions, provided the intervention remains within the limits defined for rebuilding. Another relevant change applies to properties located in protected areas surrounding listed buildings or buildings pending classification. In these cases, certain rebuilding works may also benefit from the exemption.
Replacing window frames with solutions of similar design and finish, when intended to improve energy performance, is also classified as a work of minor urban planning significance.

An exemption does not mean there are no rules

Even without a permit, the owner remains subject to obligations. As a general rule, the owner must notify the municipal council of the start of the works at least five days in advance. Urban planning fees may also still apply.
In addition, responsibility for the compliance of the intervention remains. The property may be inspected, and works that exceed the limits of the exemption may become subject to the rules applicable to works requiring planning permission.
Therefore, before starting any rebuilding work, it is important to check the property's legal history, verify that the intervention maintains the required characteristics and assess whether there are any heritage or urban planning restrictions.
The main advantage of the new regime is therefore the reduction of bureaucracy for certain works. However, rebuilding an old house without a permit does not mean that the property can be freely altered.

Source: SUPERCASA