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Many ground floors have closed shops and empty offices, while demand for homes remains high. Since 2024, Portuguese law has made converting a shop into housing easier in a building under horizontal property: article 1422-B of the Civil Code, added by the Urban Simplex, removes the need for the other owners’ authorisation. But that does not mean it is just a matter of moving the furniture. You still have to follow the municipality’s rules, amend the constituting deed and notify the administrator. In 2026, the revision of the works regime by Decree-Law 108/2026 added rules to the process. This guide explains everything, step by step.
In short
- Changing a unit’s use to housing does not need the authorisation of the other owners (article 1422-B(1) of the Civil Code).
- The owner amends the constituting deed unilaterally, by public deed or authenticated private document (paragraph 2).
- The deed or document is sent to the administrator within 10 days (paragraph 3).
- With the municipality, the change of use follows, depending on the case, a permit, prior notice or prior notice with a ten-day deadline (RJUE as revised in 2026).
- Works that change the façade still need the general meeting, by two thirds of the building’s value (article 1422(3)).
What article 1422-B says
The article was added to the Civil Code by Decree-Law 10/2024 of 8 January:
«1 – A alteração do fim ou do uso a que se destina cada fração para habitação não carece de autorização dos restantes condóminos.» — Civil Code, article 1422-B(1)
In plain English: changing the purpose or use of a unit to housing does not need the other owners’ authorisation.
Before, the general rule was different. If the constituting deed set the purpose of the unit, using it for something else was forbidden (article 1422(2)(c)). If the deed said nothing, a change of use needed the general meeting’s authorisation by two thirds of the building’s total value. That second rule still applies to other uses, but paragraph 4 of article 1422 now expressly makes an exception for article 1422-B.
The exemption only works in one direction: to housing. Turning a home into a shop, office or clinic is still subject to the previous rules. Article 1422-B does not distinguish between deeds that set the unit’s purpose and deeds that do not; in case of doubt, for example where the regulations contain express clauses, get legal advice.
The steps of the conversion
- Check feasibility with the municipality: the municipal master plan, minimum areas, light, ventilation and access required for housing.
- Design and works, if needed (see the next section).
- Municipal procedure for the use or change of use.
- Public deed or authenticated private document amending the constituting deed, as a unilateral act of the owner (article 1422-B(2)).
- Notice to the administrator within 10 days (paragraph 3).
- Land registry and tax records: update them through the land registry services and the Tax Authority.
| Stage | Who decides | Legal basis | Deadline |
|---|---|---|---|
| Owners’ authorisation | Not needed | Art. 1422-B(1), Civil Code | — |
| Façade works | General meeting, 2/3 of the value | Art. 1422(3), Civil Code | Before the works |
| Use without controlled works | Municipality | Art. 62-B, RJUE | Ten days after submission |
| Inspection, if ordered | Municipality | Art. 65, RJUE | 15 days |
| Amending the deed | The owner | Art. 1422-B(2), Civil Code | — |
| Notice to the administrator | The owner | Art. 1422-B(3), Civil Code | 10 days |
The municipality and the 2026 rules
Not needing the owners’ authorisation does not remove the need to follow planning rules. With the revision of the Legal Regime for Urbanisation and Building (RJUE) by Decree-Law 108/2026, in force since 1 October 2026:
- If the conversion needs works subject to a permit or prior notice, the use follows that procedure.
- If there are no works subject to control, or only exempt works, the change of use is subject to prior notice with a deadline (article 62-B). The notice comes with a statement of responsibility on the compliance of the use and the suitability of the unit (article 63).
- The unit can be used as a home ten days after the notice is submitted, unless the mayor rejects it or orders an inspection (article 64), which takes place within 15 days (article 65).
Interior works
Alteration works inside the unit are exempt from a permit if they do not change the exterior and do not affect the structure, or, if they do, they come with a stability design and a statement of responsibility signed by a qualified technician. Up to five days before work begins, the developer informs the municipality (article 80-A of the RJUE). Noisy works can only take place on working days, from 8 am to 8 pm (article 16 of the General Noise Regulation).
Shop windows, doors and the façade
Many conversions involve replacing the shop window with ordinary windows or changing the street door. These works can change the architectural line or the aesthetic arrangement of the building, and they need the prior authorisation of the general meeting, approved by two thirds of the building’s total value (article 1422(3)). See how majorities at general meetings work.
Impact on the condominium
- Charges: the unit’s permillage does not change automatically with its use. If the regulations set specific charges for shops, the general meeting should review them. See how the monthly condominium fee is calculated.
- Insurance: the unit’s policy and the building’s insurance should reflect the new use.
- Common parts: the new home may use entrances, stairs or shared meters differently; the administrator should update the records.
Read also the Urban Simplex: advantages and risks, the new horizontal property guidelines and building works that need municipal authorisation.
Checklist
- Feasibility confirmed with the municipality (master plan, areas, light, ventilation).
- Works classified: exempt, prior notice or permit.
- General meeting’s authorisation for changes to the façade.
- Prior notice with a deadline submitted, where applicable.
- Public deed or authenticated private document amending the constituting deed.
- Notice to the administrator within 10 days.
- Land registry, tax records and insurance updated.
How Condoroo helps
Condoroo manages more than 600 condominiums. When an owner converts a unit into housing, we record the notice, update the unit’s details and, if there are works on the façade, prepare the general meeting for the decision that is needed. Letters to owners are sent with tracking, so there is a record of every notice.
Converting a shop into housing: frequently asked questions
Do I need the condominium's authorisation to turn a shop into a home?
No. Article 1422-B of the Civil Code removes the need for the other owners’ authorisation to change a unit’s use to housing.
Do I have to tell the administrator?
Yes. The deed or authenticated private document amending the constituting deed must be sent to the administrator within 10 days.
Does the municipality have to approve the conversion?
The change of use follows a municipal procedure: a permit or prior notice if there are works subject to control, or prior notice with a ten-day deadline in other cases.
Can I change the shop window without authorisation?
Not if the works change the architectural line or the aesthetic arrangement of the building. You need the general meeting’s authorisation by two thirds of the building’s value.
Does the rule also apply to turning a home into an office?
No. The exemption in article 1422-B only applies to changes to housing.
Will my condominium charge change after the conversion?
The permillage does not change automatically with the use. If the regulations set specific charges for shops, the general meeting should review them.
This article is for information only and does not replace legal or technical advice on your specific case. Legislation checked on 26 October 2026.
