The obligation to declare whether a property has an urban development title will only come into effect on October 1, 2026. The entry into force of the revision of the Legal Regime for Urbanization and Building (RJUE) was initially scheduled for August 3, but the government decided to postpone the application of the new rules to give municipalities more time to adapt their respective IT platforms.

According to Decree-Law No. 155-B/2026, published in the Official Gazette of the Union on July 31, the extension is due to the need to finalize the regulation of standardized models of requests and communications and the elements that must accompany them. The Executive also considers that "the application of the new rules presupposes the prior adaptation and parameterization of the municipalities' own IT platforms, and therefore minimum deadlines must be guaranteed to the municipalities for this purpose," reads the document.

From October onwards, documents formalizing the transfer of land intended for urban construction, buildings constructed or under construction, and their respective autonomous units must expressly mention the status of the urban planning title. According to Decree-Law No. 108/2026, the registrar, notary, lawyer, solicitor, or other legally competent entity must indicate whether the title was presented, whether the seller declares to possess it without exhibiting it at that moment, or whether they acknowledge not possessing this document.

The law, therefore, does not prevent the sale of properties without this proof, but requires that this situation be clearly communicated to the buyer. If the mention is omitted, Article 4-A of the RJUE establishes that the mention must be included in the document "under penalty of annulment of the legal transaction". Thus, the absence of the mandatory declaration may allow the transfer to be challenged under the terms provided for in civil law, reinforcing the responsibility of the sellers and the professionals who formalize the transaction.

The legislation also determines that the title to use buildings or autonomous units is automatically transferred with the respective property. In addition, it updates the very concept of urban planning title, which may consist of different documents depending on whether a license, prior notification or tacit approval is involved.
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