Real Estate & Planning- Portugal
Our Real Estate and Planning Department provides highly specialised legal advice in Portugal to domestic and international investors, real estate funds, developers, companies and private clients throughout every stage of a real estate investment.
Our lawyers have extensive experience in real estate development projects, planning and licensing matters, and real estate disputes. We focus on legal certainty, regulatory feasibility and the effective implementation of each transaction through to successful completion.
The Department comprises two complementary practice areas, Real Estate and Planning, enabling us to provide specialist advice tailored to the requirements of each project, irrespective of its size or complexity.
Real Estate
We regularly advise on real estate transactions in Portugal, including acquisitions and disposals of properties, acquisitions and disposals of interests in property-holding entities (share deals), structured real estate investments, forward purchase and forward funding arrangements, sale and leaseback transactions, and real estate portfolio reorganisations.
We provide comprehensive advice on real estate and planning due diligence, title regularisation, the discharge of encumbrances and charges, land registration and notarial matters, and the establishment of SPVs and other real estate investment vehicles, working closely with our corporate and tax teams.
Our experience includes the negotiation and drafting of real estate documentation, including promissory sale and purchase agreements, authenticated private documents (documentos particulares autenticados or DPA), residential and commercial leases, management and operating agreements, building contracts and technical services agreements. We ensure that risks are appropriately allocated and that suitable contractual safeguards and investment protection mechanisms are put in place.
Specialties
- Acquisitions and disposals of residential, commercial, logistics, hospitality and industrial properties
- Structured investment transactions and share deals
- Structuring of forward purchase and forward funding transactions
- Title regularisation, discharge of encumbrances and ownership matters
- Residential and commercial leases, retail premises, shopping centres and innovative formats, including pop-up, flex retail and experiential concepts
- Rent reviews, lease renegotiations and the management of landlord and tenant disputes
- Management and operating agreements for hospitality developments, senior living facilities, golf courses and student accommodation
- Establishment and amendment of horizontal property regimes
- Condominium regulations, allocation of permitted uses and dispute resolution
- Advice on works, structural alterations and liability for construction defects
- Structuring of project finance, sale and leaseback transactions, finance leases and security interests
- Establishment of SPVs and corporate structures tailored to each real estate investment
- Financing solutions for residential, commercial, industrial and hospitality projects
- Detailed assessment of real estate assets and portfolios
- Identification of red flags, legal contingencies, and planning, contractual and tax risks
- Strategic recommendations to support well-informed and secure investment decisions
- Building contracts, design and build arrangements, and architectural and engineering appointments
- Legal management of construction projects, including variations, programme and delay, defects and liability
- Legal risk management for residential, commercial, hospitality and industrial projects, supported by our team’s experience of complex developments
Planning
In the field of planning law, we advise on all prior control procedures under Portugal’s Legal Framework for Urban Development and Building (RJUE), including requests for preliminary information (Pedido de Informação Prévia or PIP), prior communications and licensing procedures, as well as responses to requests for further information and refusals.
Our lawyers have substantial experience in legalisation procedures, changes of use and planning regularisation, working closely with architects and engineers. We review territorial management instruments, including Municipal Master Plans (Planos Diretores Municipais or PDM), Urbanisation Plans and Detailed Plans, together with applicable planning constraints and administrative easements, such as the National Ecological Reserve (REN), the National Agricultural Reserve (RAN) and protections applying to listed heritage. We also prepare feasibility assessments and manage engagement with municipalities with a view to maximising development potential and enhancing asset value.
We also advise on Local Accommodation (Alojamento Local or AL), including containment areas and compatibility with horizontal property arrangements, as well as compulsory purchase procedures in the public interest, including the negotiation of fair compensation, and the occupation and concession of public domain property.
Specialties
- Preparation and management of requests for preliminary information (PIP), prior communications and building licence applications
- Responses to requests for rectification or further information, and to refusals
- Coordination with architects and engineers to facilitate timely approvals and ensure regulatory compliance, drawing on our team’s experience
- Analysis of Municipal Master Plans (PDM), Urban Plans (PU) and statutory constraints, including REN, RAN and heritage protections
- Site development assessments, regulatory scenarios and strategies to maximise the planning value of land and developments
- Monitoring amendments to plans and strategic engagement with municipalities to support properly reasoned decisions
- Urban development agreements, execution units and land subdivision operations
- Determination of land transfers, compensation and planning contributions
- Regularisation of works, changes of use and planning compliance
- Legal advice on Local Accommodation and hospitality developments, including compatibility with horizontal property arrangements and condominium regulations
- Licensing, maintenance of registrations and analysis of containment areas
- Safeguarding the operational viability and regulatory compliance of hospitality projects
- Defence in infringement reports, administrative offence proceedings and interim measures
- Review of planning charges, restoration of planning legality and regularisation procedures
- Challenges to municipal decisions to protect rights, investments and assets
- Negotiation of fair compensation in compulsory purchase proceedings
- Licensing for the occupation of public domain property, including pavement cafés, kiosks and street retail
- Municipal concessions and public-private partnerships in the planning sector
