Retiring in Portugal
Can I claim my state pension if I move to Portugal?
As long as you are of retirement age and have made sufficient National Insurance contributions, your UK state pension would be guaranteed even if you retired to Portugal. Additionally, because Portugal is an EEA member, your UK pension will continue to rise in line with UK inflation.
But keep in mind that you’ll typically have to pay tax on your “worldwide income” if you choose live in Portugal. This implies that Portuguese taxes may apply to your foreign private pensions.
There are exceptions, however. You’ll probably only have pay tax on your pension to the UK tax office, rather than the Portuguese one, if the UK state served as your employer (eg, you worked for the NHS).
The majority of Portuguese citizens will pay taxes. If you stay there for at least 183 days during a tax year or if you have established permanent residency by December 31st, you will be regarded as a tax resident. Foreign nationals can, however, apply for non-habitual residency (NHR) status and benefit from advantageous tax policies for a period of up to ten years, even on retirement income.
You must meet certain requirements, such as not having had a pension income from a foreign source, and not have been a tax resident in Portugal for the previous five years in order to be eligible for NHR status.
Under this scheme, most people only pay a flat rate of 10% tax on their pension. For comparison, if you pay the standard rates, it will increase progressively from 14.5% to over 48%.
In light of this, should you transfer your pension overseas or maintain it in the UK?
Even while retaining your pension in the UK is frequently the simplest choice, if you want to maximise your retirement income, it’s crucial to consider the advantages of transferring it abroad. A “Qualifying Recognised Overseas Pension Scheme” (QROPS) or an International SIPP are two possibilities that may provide advantageous tax status acknowledged by HMRC.
If you do choose to keep your pension in the UK, you should consider the status of your bank account, however, as since Brexit, some UK banks have been closing expats’ current accounts. Many work around this by maintaining a UK address or using a mail-forwarding service, but be aware that banks may change their policies in the future.
Answer supplied in October 2023 by Sonia Rola, a Chamber Member who is a Senior Associate Solicitor and Accredited Family Mediator at Buckles Solicitors LLP.
To contact and find more information about Sonia Rola, please click here
Can I retire to Portugal as a UK citizen?
If you’re an EU or EFTA national, retiring in Portugal is relatively straightforward. Just apply for a residence permit at a regional Portuguese Immigration Service (SEF) office, get a registration certificate after three months, and even apply for permanent residence after five years.
For non-EU/EFTA citizens, the process is a bit more complex. You’ll need to apply for a residence permit at the Portuguese consulate in your home country. To qualify, make sure you have a valid passport, sufficient income or savings, and health insurance. Remember, rules may vary based on your nationality, so consult the Portuguese consulate in your country of residence first. Non-EU citizens can obtain a temporary residence permit for five years with the option to apply for permanent residence later.
Portugal offers the D7 Retirement Visa specifically for foreign retirees. Even if your pension is below the Portuguese minimum wage, you can still qualify if you have royalties, a pension, or income from real estate. However, you must prove that you can support yourself while in Portugal.
There is also the golden visa program, which provides residency rights for non-EU citizens. With this visa, you can live in Portugal and explore the wider Schengen region without needing additional visas. Your initial residence permit will be for one year and will be renewed every two years. After six years, you can apply for Portuguese citizenship.
To be eligible for the golden visa program, you must meet at least one of the following criteria:
- Investment in property worth at least €500,000 on the Azores or Madeira islands or in mainland Portugal (excluding Lisbon, Porto, and coastal regions).
- Purchase interior or island property for at least €350,000 with the intention of renovating it.
- Transfer a capital amount of at least €1.5 million to a Portugal bank.
Investment of at least €500,000 in research projects in Portugal’s technological or scientific fields.
Answer supplied in October 2023 by Sonia Rola, a Chamber Member who is a Senior Associate Solicitor and Accredited Family Mediator at Buckles Solicitors LLP.
To contact and find more information about Sonia Rola, please click here
Residency and Citizenship
In order to become a Portuguese Tax Resident, you need to spend 183 days in Portugal. Does that mean 183 days in one stretch or is that spread over one year whereby we could travel in and out of Portugal?
Also for how many years does one need to maintain the 183 days per annum residency in Portugal?
In order to be considered a tax resident in Portugal you need to spend 183 days in Portugal (in total throughout the year) or be an habitual resident in Portugal i.e. treat Portugal as your main address worldwide.
The NHR tax programme is valid for 10 year, this said, you must be considered a tax resident within those 10 years.
Answer supplied supplied on 20th October 2020 by Chamber member Edge International, ggraham@edge-il.com
If I apply for citizenship after 5 years residency in Portugal, are there any other conditions about speaking Portuguese I should be aware of?
It is worth mentioning that, among the documents that will be required for applying for citizenship, an applicant requires a certificate of basic language proficiency (A2). There are a number of language schools that provide individual tutoring or classes to prepare for this certificate.
If a UK citizen applies for higher education in Portugal before 31 December 2020, he or she will be allowed to maintain the same status as citizens from any EU member state for the duration of their course (i.e. the fees for the course).
Answer supplied on 15 August 2020 by Chamber member, lawyer Cristina Silva Dias, cristina@silvadias-legal.com
D7 – Passive Income Residency Visa
How do I get residency in Portugal?
British nationals may apply for a Portugal residency permit if they want to work there and stay for more than 90 days. Typically, a resident’s residency permit is granted for a period of one to three years. Why you’re moving to Portugal and how long you want to remain, will dictate the kind of permit you need.
Portugal typically offers two distinct sorts of permits: residency visas and residence permits.
A residency visa is granted before an individual registers as a resident, allowing the applicant admission into Portugal for a period of three to four months. Upon arriving in Portugal with a residency visa, a foreign national will have the length of the residency visa to register with the Immigration and Borders Service (SEF) and obtain a resident permit.
Residence permits are also temporary, but are typically good for a year. They can, however, be renewed annually depending on how long the applicant needs to stay in Portugal. Once a holder has been a resident of Portugal for at least five years, a temporary permit can be converted to a permanent one.
People who want to stay in Portugal indefinitely should apply for permanent permits; those who don’t want to can simply keep renewing their temporary ones.
There are several different types of Portugal residence permits:
Portugal Residence Permit for Work:
If you have a job lined up in Portugal, you can apply for a work-related residence permit there. The work position you applied for must not have been filled by an EU national within the previous month in order for you to be eligible for this residence permit. Your company must initiate the application for a work permit with the Portuguese Labour Authorities when you want to apply for one. After that, you submit a visa application at the embassy in your home country.
You must fly to Portugal to apply for a resident permit at the Immigration and Borders Service (SEF) after being awarded a residency visa. Your initial residence permit is valid for a year, however you can extend it in accordance with your contract of employment.
The type of work permit you will be granted will depend on the job at hand:
- Work Visa for Skilled Workers
- Work Visa for Highly-Skilled Workers.
- Work Visa for Self-Employment.
- Work Visa for Cultural Activities.
- “Tech” Visa.
- Work Visa for Teaching.
- D7 Passive Income Visa
Portugal Residence Permit for Study: International students accepted into an educational institution in Portugal can obtain a residence permit for the duration of their study program. It can be renewed annually, but if you want to stay in Portugal after your studies, you must have a job and switch to a work visa.
Portugal Residence Permit for Family Reunification: This kind of residence permit should be applied for should you wish to live with a member of your immediate family who is a resident or citizen of Portugal. Like the resident’s permit, it is valid for the same period of time. The following are eligible: spouses/partners, dependent minor children, and descendants. You can submit a request for permanent residence after five years.
Special Residence Permit for Portugal: There are particular circumstances in which a residency permit may be granted. These may include those who have medical needs, have served their entire military obligation with the Portuguese Armed Forces, have children born to foreign parents in Portugal, or have grown up in Portugal. Permits differ depending to how different each case is.
Answer supplied in October 2023 by Sonia Rola, a Chamber Member who is a Senior Associate Solicitor and Accredited Family Mediator at Buckles Solicitors LLP.
To contact and find more information about Sonia Rola, please click here
My wife and I are now retired and have owned a property in Portugal for many years. In 2019 we upgraded to a villa with the intention of spending more time in Portugal. We own a property in the UK as our main residence. Since Brexit we have looked into applying for a D7 Visa and we are in the process of obtaining these in order to provide greater flexibility to travel to Portugal over and above the current 90 days in 180 days. Our understanding is that with the D7 visa we will be able to spend a consecutive period of up to 183 days in Portugal in a year without any tax implications in Portugal – taxes would still be paid in the UK. Is this correct?
Also, in the event we stay longer in Portugal (ie we were unable to return to the UK due to Covid) we understand we will be allowed to do so but will be required to submit a tax return at the end of the tax year to pay the tax on our income rather than making the payment in the UK. Is this correct? We hope during the next 5 years to move to Portugal but will not be able to take this action at the current time.
There is no single right answer to your question as each case is different.
The D7 visa is a residency visa, and you have to spend 6 months in Portugal to qualify for it. Portugal’s Non Habitual Residents (NHR) programme is a tax programme, which is a separate issue. You can have tax benefits under the Double Taxation Agreement between Portugal and the UK (which predates Brexit) if you are living in both countries. Tailored tax advice and guidance on dual residency is very important.
See the rules around the D7 residency visa (attached). You could spend more than 180 days in Portugal in one year but for the time indicated to qualify for the D7 visa you fall into ‘resident in Portugal’ for that year. D7 is a residency visa, it’s not designed for people who just want to spend 4 or 5 months non-stop each year in their second home in Portugal.
Answer supplied by Chamber Corporate members Sovereign Group on 6th April 2021
Visa Options
Who can apply to Portugal’s Residence Permit for Investment Activity (or Golden Visa regime)?
All third country citizens who conduct an investment activity, as an individual businessperson or through a company set up in Portugal or in another EU Member State and who, in addition, are stably settled in Portugal, as along as these citizens fulfill the quantitative requirements and the time requirements set out by the relevant legislation, may apply for a Residence Permit for Investment.
Portuguese, EU and EEE nationals are not eligible for the ARI / Golden Visa scheme.
Source: SEF (as of 23.03.2022)
Can I still move to Portugal after Brexit?
Following Brexit, UK citizens no longer have an automatic right to relocate to Portugal, and will need to apply for a visa, just like any other non-EU national.
One option is to obtain a ‘Golden Visa’, an investment visa that grants residency in return for making an investment in Portuguese property, technology or sciences, or opening a bank account holding at least €1.5million. After five years, you will be able to apply for permanent residency or even citizenship with a Portuguese passport.
The D7 visa, also known as the retirement visa or passive income visa, is perfect for those with a regular income, like a pension or remote job. As long as your income meets the Portuguese minimum wage (less than €700 per month), this visa is attainable for British retirees, rental income earners, freelancers, and remote workers.
The D2 visa is designed to support entrepreneurs wanting to establish startups business in Portugal. There are no limitations on the type of business, but proof that there is an existing startup capital €5k will be required.
Answer supplied in October 2023 by Sonia Rola, a Chamber Member who is a Senior Associate Solicitor and Accredited Family Mediator at Buckles Solicitors LLP.
To contact and find more information about Sonia Rola, please click here
Do I need an immigration lawyer to move to Portugal?
Depending on your unique circumstance, you may or may not need legal representation when moving to Portugal. You possibly can do it yourself if you can speak Portuguese. However, there are many advantages to employing an experienced lawyer. An immigration attorney can represent you, help you with your visa application, and offer crucial legal advice for your investment-related activities. It is always advisable to speak with a specialist to learn the precise criteria for your country of origin.
Answer supplied in October 2023 by Sonia Rola, a Chamber Member who is a Senior Associate Solicitor and Accredited Family Mediator at Buckles Solicitors LLP.
To contact and find more information about Sonia Rola, please click here
What are the tax benefits of moving to Portugal?
The importance of tax and financial planning when making the move to Portugal shouldn’t be underestimated. Even for those who have already made the move and are settled in, it’s crucial to regularly reassess financial arrangements to ensure they’re up-to-date.
Once you become a resident, be prepared for Portuguese taxes on your worldwide income and certain capital gains. While most individuals are considered tax residents after 183 days, it can happen sooner if you relocate with the intention of making Portugal your home. Also, be mindful of residency rules in your home country.
It is, however, possible for new residents to take advantage of Portugal’s “non-habitual residence” (NHR) law, new residents can benefit from substantial tax breaks for the first 10 years. Applications must be made through the local tax office as soon as possible after arriving and applicants must not have resided there within the previous five tax years in order to be eligible.
NHR allows those eligible to receive certain overseas income tax-free or, in the case of pensioners, at a reduced rate, in addition to providing a fixed income tax rate of 20% to individuals employed in “high value-added” professions.
It’s important to remain mindful that what was a tax-efficient practice here in the UK will be the same in Portugal, however. UK ISAs, for example, are taxable for Portuguese residents.
Those choosing to relocate should reevaluate their financial planning to make sure the measures in place better reflect their new living circumstances. Sourcing a local advisor who can recommend tax-efficient solutions for managing assets and wealth is crucial.
Answer supplied in October 2023 by Sonia Rola, a Chamber Member who is a Senior Associate Solicitor and Accredited Family Mediator at Buckles Solicitors LLP.
To contact and find more information about Sonia Rola, please click here
What visa do I need to move to Portugal?
Portugal’s immigration and visa system operates on two tiers, catering to either EU/EFTA citizens or third-country nationals.
EU/EFTA citizens enjoy visa-free entry to Portugal, along with certain family members, even if they are not from the EU. They can stay for three months to seek employment or establish a business, with the same rights as Portuguese workers once hired.
They must obtain a registration certificate if they wish to extend their stay beyond three months. Then, after five years, they can apply for a permanent residence certificate.
Any non-EU/EFTA nationals staying in Portugal for less than three months may require a visa unless their country has an agreement with Portugal. Currently, 61 countries, including Australia, Canada, Japan, the United Kingdom, and the United States, have visa-free agreements for short stays.
Those planning to stay in Portugal for more than three months must obtain a long-term national visa before arrival and a Portuguese residence permit after reaching the country. This applies to UK citizens following Brexit.
Portugal offers three different types of visas:
Short-term visas, also referred to as Schengen visas, are valid for stays up to 90 days. With this visa, you’ll have the freedom to travel throughout the Schengen Area countries for the duration of your stay.
You will need to apply for a Schengen Visa at the Portuguese embassy or consulate in your home country. This should be done no more than six months and no later than 15 days before your trip to Portugal.
The cost of a Schengen short-stay visa is €80 for adults, with children aged 6 to 12 paying a reduced fee of €40. In some countries, there may be an additional service fee, which is usually no more than half of the standard visa cost. This means the maximum service fee is €40 (or €20 for children aged 6 to 12).
Nationals of Albania, Armenia, Azerbaijan, Bosnia, Georgia, Macedonia, Moldova, Montenegro, Serbia, or Ukraine will be charged a reduced fee of just €35 because these countries all hold Visa Facilitation Agreements with the EU.
Visas for Short-Term National Stay include:
- Short-term general visa: This 90-day visa can be used for a variety of things, including travel, visiting relatives, short-term employment, and business.
- Seasonal work visa: This visa is for seasonal work in either land transport; Food, alcohol, or tobacco industries; Retail; Agriculture, forestry, hunting, or fishing
- Airport transit visa: This is allowed to enable movement between flights in an airport’s international region without going through the Schengen Zone. All travellers who change flights in a Schengen airport must have this visa, unless they are excluded from needing a visa to enter Portugal.
Temporary Stay visa are required if you are a third-country national planning to stay in Portugal for more than 90 days but less than a year, you will need a Temporary Stay visa.
However, there are a few exceptions to this rule. Family members, Portuguese residents, and other EU/EFTA nationals are exempt from obtaining this visa.
To apply for the Temporary Stay visa, simply visit the Portuguese embassy or consulate in your home country. While the deadline for visa decisions is 30 days before your travel date, you can start the application process months in advance.
The cost of the Temporary Stay visa is €75, but there are certain individuals who are exempt from paying this fee. This includes children who are family members of Portuguese residents or EU/EFTA residents, those with study scholarships from Portugal, highly qualified researchers, and patients and accompanying persons under Cooperation Agreements in the Field of Health with Portugal.
The main types of Temporary Stay visas are:
- Any study programme in Portugal lasting 90 days to one year is eligible for the study visa. Secondary, graduate, and postgraduate education are all included.
- Any type of professional training, unpaid internship, or volunteering for a charity or NGO with a Portuguese base is permitted with the Professional training, internship, or volunteering visa.
- The medical treatment visa can be used to receive your own medical care through the Portuguese health system or to travel with a family member who is receiving medical attention.
- The Self Support visa is for anyone who can demonstrate that they can support themselves financially for a 12-month stay in Portugal, whether they are working-age or retired.
- The religious training or study must be done at a recognised institution or congregation to qualify for the religious purposes visa.
National long-stay visas: A national long-stay residency visa, also known as the Portuguese national visa, allows you to enjoy an extended stay of up to a year.
To obtain a Residency Visa, you’ll need to apply for a Portuguese residency permit from the Portugal Immigration Service (SEF). The application process and requirements are the same as those for the Temporary Stay visa. You can find all the necessary information and the application form (PDF) on our website.
However, there are a few key differences to note. The deadline for applying for the Residency Visa is 60 days, compared to the 30-day deadline for the Temporary Stay visa. Additionally, the cost of the Residency Visa is slightly higher at €90. The exemption categories remain the same as those for the Temporary Stay visa.
There are several long-term visa options:
- Work visa: Ideal for long-term or permanent work placements lasting longer than one year.
- Study visa: Granted for study periods of more than a year at all educational levels.
- Professional training, internship, or volunteering visa: Covers various forms of professional training, unpaid internships, or volunteering opportunities lasting longer than 12 months.
- Family reunion visa: Designed for family members of non-EU/EFTA residents in Portugal who are also from outside the EU.
- Digital Nomad Visa: Perfect for remote workers, this visa requires verification of active income and an employment contract from a foreign employer. Your monthly earnings must be at least four times the Portuguese minimum wage. For guidance on this visa, contact our advisors at Pearls of Portugal.
- Golden Visa Scheme: Designed to attract foreign investment, this special visa program expedites the process for non-EU investors who meet certain investment criteria. Successful applicants will receive a Portuguese residence permit and can later apply for full Portuguese citizenship.
Answer supplied in October 2023 by Sonia Rola, a Chamber Member who is a Senior Associate Solicitor and Accredited Family Mediator at Buckles Solicitors LLP.
To contact and find more information about Sonia Rola, please click here
Work in Portugal
Can I move to Portugal without a job?
If you wish to move to Portugal without already having a job in place, you’ll first have to prove that you have enough funds to support yourself. This means that you’ll need the equivalent of a year’s salary in Portugal, approximately €9,120, in a Portuguese bank account.
This is visa dependent, however, as in 2023, the Portuguese Government introduced a new ‘worker visa’, which grants access to the country for job hunting purposes.
The visa is valid for 120 days and can be extended for another 60 days if needed, but you cannot undertake any work in Portugal whilst there on this type of visa. If you find a job whilst residing in Portugal on a worker visa, you will then be able apply for a residence permit. Be mindful, however, that this visa only grants access into the country. If you aren’t successful in your job hunt before the via expires, you will have to leave.
To apply for the Portugal job seeker visa, you’ll need a filled and signed National Visa application form, a passport valid for at least 3 months (plus a photocopy), recent and clear photos, a criminal record inquiry, a statement of purpose, a criminal record certificate, valid travel insurance, a copy of a return ticket (just in case), and proof of financial resources to sustain yourself during your stay.
Answer supplied in October 2023 by Sonia Rola, a Chamber Member who is a Senior Associate Solicitor and Accredited Family Mediator at Buckles Solicitors LLP.
To contact and find more information about Sonia Rola, please click here
Can I use my UK remote job as income to move to Portugal?
Portugal has actively sought to attract remote workers and digital nomads. To cater to this growing trend, Portugal has introduced a new visa, called the D8, for digital nomads.
The D8 visa serves as both a temporary stay and residence visa. With the temporary stay option, you can live in Portugal for up to one year, with the possibility of renewal. The residence visa option, however, allows you to stay in Portugal for up to five years, with the possibility of renewal or even obtaining permanent residency.
Both offer you the freedom to work as a freelancer or online business owner, as well as travel in and out of Portugal.
The key requirement for obtaining a digital nomad visa is your salary. You must have earned at least four times Portugal’s minimum wage, which is €2,800 per month, within the three months prior to your application.
Only individuals travelling from, and working for a company outside the EU and EEA are eligible to apply for this visa. These requirements will be officially verified through tax residency documents, proof of employment, and proof of income.
To apply for the digital nomad visa, you can visit a Portuguese Consulate in your home country or go to the Portuguese Immigration and Border Service (SEF).
When it comes to taxes, the general rule in the EU is that you become a tax resident after spending more than 183 days in a country. Therefore, if you meet this criterion, you are required to file a tax return and pay taxes in Portugal, including on your worldwide income.
However, if you stay in Portugal for less than 183 days in a year and work remotely for a UK company, you will only be taxed on the income generated in Portugal, which should be zero.
Keep in mind that if you are an employee of a UK company residing in Portugal, you will need to pay local income taxes in Portugal. Fortunately, the double taxation agreement between the countries ensures that you do not pay taxes twice. If necessary, you can also claim back any extra tax paid.
However, there may be complexity if your UK company becomes liable to pay Portuguese Social Security for you, as the rates are higher than in the UK. In order to fulfil this requirement, the UK organisation would need to register in Portugal, which involves opening a subsidiary. The UK company would also need to ensure compliance with Portuguese employment laws.
Answer supplied in October 2023 by Sonia Rola, a Chamber Member who is a Senior Associate Solicitor and Accredited Family Mediator at Buckles Solicitors LLP.
To contact and find more information about Sonia Rola, please click here
I am thinking of moving to Lisbon to set up a business. Is there a one stop shop that can give me all the information I need while I formulate my business plan?
Startup Lisboa is an incubator for start-up companies, based in Lisbon’s downtown (Baixa), that currently has one historical building with workspaces to welcome entrepreneurs and start-up companies in the Tech, Commerce and Tourism areas, and also a residence for entrepreneurs (Casa Startup Lisboa). It was born out of the will of local citizens, who voted for it in droves as part of the Lisbon Participative Budget, an initiative of the Municipality of Lisbon. Opened in 2012, it is a private non-profit association, which has three founding entities: Lisbon Municipality, IAPMEI and Montepio.
Startup Lisboa supports the development and growth of the incubated start-ups, helping them attract customers and investors, to scale up, and to become global. Its incubation model includes the provision of workspaces at below market value. Also, Startup Lisboa establishes links to mentors (founders, CEO, experts) to help entrepreneurs develop their business, provides access to partners that offer specialized services for free or at a reduced cost, connects entrepreneurs to business angels, venture capital investors and other top financing sources, promotes knowledge sharing between the entrepreneurs, and networking events, like workshops and mentoring sessions.
They run regular online orientation courses and the next one is from 16-18th June 2021.
Answer supplied by Start Up Lisboa on 28th April 2021
Property
Can a foreigner buy a house in Portugal?
Firstly, owning a property in Portugal doesn’t automatically grant you residency or extend your visa. Schengen Visa rules apply for visitors to Portugal, which means, post-Brexit, UK citizens will have their stays limited to 90 days within every 180 days, unless they apply for an alternative visa that specifically facilitates longer stays.
In addition, it’s crucial to consider mortgage options. Residents typically have higher borrowing capacity compared to non-residents. So, if you’re planning on getting a mortgage, make sure to check your borrowing limit before making an offer.
Residents in Portugal generally need a deposit of 10-20% for a mortgage, while non-residents usually require around 30%. Remember, these numbers may vary slightly.
Answer supplied in October 2023 by Sonia Rola, a Chamber Member who is a Senior Associate Solicitor and Accredited Family Mediator at Buckles Solicitors LLP.
To contact and find more information about Sonia Rola, please click here
Do you have any information on what we call Equity Release mortgages in the UK and what I think it is called a Life Time Mortgage in Portugal.
We have a house in Portugal and would like to release some cash.
Equity release mortgages are currently unavailable in Portugal. The only way to release funds is if the clients are looking to renovate the property and take a mortgage on it.
Mortgage banks in Portugal (like UCI) can do this, but only for their existing customers, who have a specific aim such as refurbishments or similar.
Answer supplied 4 th April 2021 by UCI Mortgages
What is the legal position on prefabricated houses in Portugal? I am thinking of buying some rural land near the beach and the agent says I won’t need planning permission if I put a prefabricated mobile home there . Is this correct?
The licensing requirement for prefabricated buildings and wooden houses and the like is heavily governed by law.
The following clarifies the legal situation (subject to the prior inspection of them) of prefabricated buildings, wooden houses, mobile homes, model houses, containers, caravans and other similar solutions.
Over time, Portugal has seen an increasing amount of these kind of buildings. In this context, clarification regarding the legislative framework to which all these solutions are subject is well overdue.
The permanent occupation of the land and the use of the spaces comes under the terms of the RJUE – Legal Regime for Urbanization and Building, approved by Decree-Law no. 555/99, of 16 December, in the current wording.
Some commercial operators that sell, build or install this type of solutions may claim that their installation is exempt from licensing due to its dismountable or removable character.
This is not true.
It is equally false, and in breach of the obligations imposed on real estate agents, if they advertise for sale rustic buildings and claim it is possible to install these solutions without the need for licensing. They should not even advertise a rustic building with unlicensed installations already there, or claim that this is possible or legal.
Unlicensed buildings can be seized and destroyed by the authorities.
The law states that:
- Even if any of the solutions indicated above is only placed above the ground, or involves only the implantation of a metallic structure, foundations, shoes, pillars or piles, or is placed on a concrete slab or base or is supported only on wheels, it is still subject to licensing.
- All construction intended for human use that is incorporated or connected to the ground or connected to networks and infrastructures (electricity, sanitation / septic tank, water supply, etc.) on a permanent basis, is considered an urban operation and subject to prior control by the procedures provided for in the RJUE, regardless of the construction system employed or the dismountable or removable character.
- Any of these land occupations is subject to compliance with the legal provisions and the easements and restrictions of public utility applicable, namely in soils covered by the National Agricultural Reserve, National Ecological Reserve, as well as the Territorial Management Instruments that affect the areas of any Region or County of Portugal.
- Any of these constructions or facilities is also subject to compliance with the municipal norms in force at the level of the Municipal Master Plan, as well as any other applicable rules and regulations such as the General Regulation of Building and Urbanization, the Regulation of Urbanization and Municipal Building or the Regime Accessibility Law, in addition to the criteria of acoustic conditioning and thermal behavior, among others.
- Even in the specific case of mobile homes, caravans or motorhomes that do not remain in the same place over time, this feature does not exempt them from prior control, in accordance with the provisions of article 18, no. 1 of Decree-Law no. 310/2002, of 18 December, in the current wording, and in compliance with the conditions set out in the Municipal Regulation for Licensing of Casual Camping and Caravanning Activities.
This note for public clarification does not dispense with reading the legislation and regulations in force, in particular the Recommendation of the National Territory Commission No. 1/2019, available here
Answer supplied on 1 Dec 2020 by real estate agent Antonio Barbosa from Infinite Solutions
I want to buy a home in Portugal but it needs to be rural and suitable for me to live a self sufficient lifestyle. I am also on a tight budget. Where can I find properties like these?
There is one website, www.pureportugal.co.uk, which acts as an aggregator for these kinds of properties and is dedicated to showcasing houses for sale, mainly for those looking for a rural lifestyle, smallholding, or living self sufficiently. Whether your dream is to buy an old ruin and renovate it, or to buy a home that is ready to move into, the team at Pure Portugal say they are experts in this area and have properties for every budget, so it may be worth your while to have a look
Answer supplied on 1st October 2020
Healthcare
Who are the private health insurers in Portugal and how much should it cost?
The main health INSURERS in Portugal are:
Tranquilidade
Fidelidade – Multicare
Medis
Mapfre
Zurich
Allianz
Portugal is rich in Health Plans that are very often sold as insurance but are actually good private health insurance schemes.
Examples are Medicare, CUF Saude etc.
As a rule of thumb – an insurance plan for adults with needed covers should cost 100 -150 euros per month. You may also see health plans offered for 5-10-20 euros per month, but these are more like discount cards than real medical insurance.
Answer supplied on 10 May 2021 by Michael Averbukh from Serenity Portugal, who has been in the field of medical insurance for expats for the last 12 years
What is the prenatal and maternity care like for expats in Portugal?
Both Portuguese citizens and UK expats who pay into social security can receive maternity care through the Portuguese healthcare system.
Prenatal consultations will be free once you have enrolled at the nearest health centre (centro de sade). Much like in the UK, your doctor will give you a pregnancy booklet (Boletim de Sade do Grávida) once your pregnancy is confirmed. This will document all of your medical data during the course of your pregnancy, including consultations, shots, and test outcomes, and it should be kept with you during all appointments, including when you give Birth.
While medical exams are free, any anti or post-natal classes must be paid for. But there is a good selection of courses or groups available, with public health centres, private institutions and online platforms all offering support in matters such as childbirth preparation, newborn care, breastfeeding, and early childhood development such you need them, and have the fund to pay for them.
Parental leave, or licença parental, is an option for all new parents in Portugal, providing that they have paid into the Portuguese social security system for at least six months before taking the time off. Leave will generally last between 120 and 150 days, during which time, those eligible will usually receive their full salary.
Answer supplied in October 2023 by Sonia Rola, a Chamber Member who is a Senior Associate Solicitor and Accredited Family Mediator at Buckles Solicitors LLP.
To contact and find more information about Sonia Rola, please click here
Pets, Cars, Insurance
Recognition of UK driving licences in Portugal is extended.
This means that those legally resident in Portugal who have a valid UK driving licence can continue to drive with their UK licence until the end of 2021, under the same terms as EU licence holders.
They are still obliged to exchange their UK licence for a Portuguese one if:
- The licence expires;
- The license is stolen or lost.
- For those who have been resident in Portugal for longer than 60 days, and are still driving with their UK licence, they should have registered their address with IMT.
For more information, please check:
Living in Portugal guide on GOV.UK
IMT portal
You can read the Portuguese government’s announcement here (in Portuguese).
The Portuguese and UK governments continue to discuss future arrangements regarding reciprocal recognition of driving licences for residents.