In recent years, there has been a significant increase in illegal construction in the municipality of Loulé, especially through the installation of wooden or modular structures on rustic land.
In most cases, these buildings are intended for housing that does not meet legal requirements. Furthermore, they are often located in areas subject to administrative easements or public utility restrictions, as stipulated in the Municipal Master Plan (PDM) in force, namely in areas classified as National Agricultural Reserve (RAN) and National Ecological Reserve (REN).
Because of this, the council states that: “it is essential to once again alert all citizens that these illicit practices are subject to measures to protect urban legality. Such measures are provided for in Decree-Law No. 555/99 of December 16, in its most recent version, approved by Decree-Law No. 10/2024 of January 8, in particular in articles 102 to 109. The most severe sanction is the demolition of buildings if it is concluded that they are not eligible for licensing or legalisation”.
The council also adds that the recent change to the Urbanisation and Building Legal Regime (RJUE), in force since January 8, establishes the application of this regime to modular constructions. These are defined as structures that use modular construction systems, produced partially or entirely in a factory, and which can be fixed or transportable. “Therefore, these constructions are considered urban operations that require a prior favourable opinion from the City Council, without prejudice to the need for opinions from other entities, as stipulated in the RJUE or in specific legislation”.
Due to this situation, the council is working to raise awareness among all owners and potential purchasers of rural land about the importance of obtaining correct information before investing in constructions or structures that may be considered illegal.
“Carrying out these works may result in the preparation of reports and the application of severe sanctions, including charges of crimes of violation of urban planning rules and administrative possession for the coercive demolition of the buildings.
“In addition to the financial and legal damages to offenders, these situations represent a diversion of essential public resources (if coercive demolition is carried out, with all the logistics inherent to the procedure), resources that could be channelled towards the basic needs of the population. After the demolition, the expense will be invoiced to the offending citizen.
“Furthermore, there is a negative environmental impact, with significant damage to the landscape and natural heritage of the municipality”.
Looking at property to buy in Portugal can be a nightmare because you keep running into situations where an extension, garage, etc. has been constructed illegally and not yet legalised, and in some cases, the estate agent lies to your face about it until facts no longer make it possible. Always try to check the surface area on Google Earth in addition to checking all the legal documents. And go through the contract with a fine comb, as there can be traps that end up costing you your down payment.
By Thomas Frost from Porto on 28 Jan 2025, 11:06
There are so many small pieces of rural land in the Algarve that are too small to farm commercially, the local municipality should consider allowing small dwellings so that land owners can do more subsistence farming.
This would generate more revenue for the local municipalities
By Craig Hulley from UK on 28 Jan 2025, 12:47
I hope that the Faro and Olhao councils also follow suit with Loule. These dwellers in the illegal homes pay no IMI or taxes that real home owners face! Totally unfair!
By Jeff Mauger from Algarve on 29 Jan 2025, 15:54
@Craig Hulley, wouldn't that just be a backdoor for building on rural land then selling to the highest bidder? At any rate, subsistence farming isn't something the government should encourage. It's a low economic output activity and this country needs the exact opposite.
By James from Algarve on 29 Jan 2025, 16:07
The government needs to invest in building affordable homes and then maybe less people will be forced to build illegal ones.
By Roger Walters from Algarve on 30 Jan 2025, 18:28
Tavira should do the same. Santa Catarina in particular has numerous mobile homes and yoga centres which are unlicenced and dangerous and pay no taxes!!!
By JJ Gomes from Algarve on 31 Jan 2025, 23:14
The Portugal government recently came up with a land rule amendment that allows construction on rustic land. Why can't the residents appeal for stalling demolition based on the new law
By Ashwin from Other on 01 Feb 2025, 07:53
The process of self ruination are in place - Spain also appears too want too restrict investment with extra tax and legislation- time will tell who has fell and who has been left behind ?
By Tavira from Algarve on 01 Feb 2025, 13:29