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  • spartan Fx

Habitation or not


Posts: 10
Community Member
Topic starter
(@genki)
Active Member
Joined: 3 months ago

I am looking at a property that the seller has shared the various documents with me regarding legality of land and property... I am trying to make sense of them. My key question is that the property consists of a number of joined buildings but the last of them has no direct (inside) door through and so would only purchase if part of the purchase we open up a new doorway. However (maybe over cynically) reading the documents Im not sure if all elements of the build are covered under the habitation licence and reading the "Land Registry" document there is the statement "rural construction and ground floor house for housing, annexed barn" and am wondering if the last buildings history is that of a "barn" and therefore is that covered? Maybe that is why the last building wasn't joined with a doorway. Suspect the answer might be speak to local council or lawyer but hoped there might be something I am missing in the documents that makes it easy to spot... long shot I know.

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Posts: 191
Ask our Expat Consultant
(@thomasribatejo)
Estimable Member
Joined: 5 years ago

Based on what you're saying, the Caderneta Predial confirms the house proper to be a habitation, but the additional room is classed as storage/agricultural.  This is quite a common pattern for "long" houses - an end room or rooms which look more or less integral from the outside, but which serve as animal housing, equipment storage, an adega, etc. with no internal access.

There is, in practical terms (subject to structural inspection), nothing to stop you integrating it into the house - but for rental and/or resale, you'd almost certainly need the caderneta to reflect the reality of its state at that time.  As you have suggested, it would need a lawyer and/or the câmara to confirm the situation, and the likelihood of getting the licensing changed to include the end room.  It is always sensible to use a lawyer for a property purchase, for this (and perhaps other) issues you may or may not spot.

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Posts: 14
 Vera
Community Member
(@crad)
Active Member
Joined: 3 months ago

Hi Genki,

If you are buying for yourself to live in it, there wouldn't be a problem opening internal access. If you want to sell it later, you can always close it again if need be. It is probably not worth updating councils records unless you wish to make external changes to the property. Suppose you are making changes like adding windows or external doors. In that case, you need a planning application for all of the property, which means you need to make sure all existing structures, whether in the council's record or not, follow planning regulations.

We can help you with the process if you ever need,

Best wishes,

Daniyal

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Posts: 10
Community Member
Topic starter
(@genki)
Active Member
Joined: 3 months ago

Thanks all… we actually lost this property in the end. Just too many unanswered questions. But the silver lining is we have just agreed to buy another property with much less baggage and WE LOVE IT… so hopefully we are on the final few steps to achieving our dream.

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