You would
think that you can do what you like in your own garden - plant trees, build
sheds, add a trampoline, but no, nothing is simple in Portugal.
There are
many legal considerations you must watch for before you break out the beers and
the garden chairs.
Land
clearing – Fire Risk Law - rural areas have a deadline of March 15 to clear land outside to 50
metres of the house, otherwise owners can be fined. Fire risks are very high in
Portugal, and the law states that all the owners, tenants, and users located in
rural areas, even if they are not the owners of the buildings, are obliged to
undertake this land clearance. Bonfires, for burning garden debris are
subject to specific rules too, to avoid fire-related risks.
Spacing
- The space between
treetops (crowns) of trees, not the trunks, should be at least 4m apart.
Maritime pine and eucalyptus should be 10m. However, ICNF (the Institute for
Nature Conservation and Forests) have explained this is intended to thin out
large areas, and if you have a small group of trees that are closer than these
ranges, this should not pose a problem provided the lower half is properly
pruned. Always best to check first.
You should
prune trees 4m above the ground. For trees with a height of under 8m, prune the
lower half of the tree. Trees and bushes must be 5m away from buildings,
and treetops must not extend over the roof. However, under new decree law
10/2018, there is some flexibility given to trees with a ‘special heritage or
landscape value’, providing the area around them is clear of vegetation.
Shrubs
should not be higher than 50cm - this is aimed at avoiding an overgrowth over
larger areas. ICNF advise: if in your garden you have individual or small
groups of shrubs that exceed this height but are properly managed, this should
not pose problems.
Building
stuff in your garden
- Whether you use straw bales, timber, or stone, there seem to be very few
limitations, but (there’s always a ‘but‘) for all habitations without
foundations such as containers, teepees, yurts, caravans, mobile homes, etc, no
permission is needed, as long as they can be seen to be moveable and are not
in permanent occupation. The definition of a ‘temporary home’ varies from
council to council but usually, it's anything you can move 20m within 24 hours,
and always includes anything with wheels.
So, you
want a building to protect your hot tub from the elements? You spent a lot of
money on it, you want it protected. In general, you don’t need
planning permission for a garden building, depending on certain factors.
Generally, something to house a hot tub will be a small, single-story structure
but not fully enclosed. Depending on its size and location this can be added to
your property without permission, but can’t be more than a single story high,
will not be over 3m tall (or 4m including a pitched roof), not be within 2
meters of your boundary, and the structure is not nearer to the road or public
highway than it is to your house. Also, it shouldn’t, along with any other
garden buildings, take up more than 50% of the space around the house as it was
originally built.
It isn’t as
easy as you think, is it?
Security
Cameras - Every
garden owner has a right to privacy especially from nearby neighbours,
so security cameras placed outdoors should not point down your road, only to
the confines of your own garden or public space so as not to infringe on your
neighbours’ privacy. Smoky barbecues, bubbling hot tubs, and noisy
parties could all be deemed as nuisance behaviour- so be considerate of your
neighbours when it comes to enjoying time out in your garden. Adding a
trampoline? - It should not be placed anywhere that people using it can see
into neighbours’ gardens or homes when they are bouncing - again, an invasion
of privacy.
And
finally, between 23:00 and 7:00 loud noise at home is prohibited (Regulamento Geral do Ruído).
Marilyn writes regularly for The Portugal News, and has lived in the Algarve for some years. A dog-lover, she has lived in Ireland, UK, Bermuda and the Isle of Man.
"Smoky barbecues, bubbling hot tubs, and noisy parties could all be deemed as nuisance behaviour" But your neighbours dog or cockerel can make as much noise as it likes day or night and there is nothing you can do about it!
By Greg from Other on 15 Jan 2023, 13:37