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Rural Properties in Portugal - Pointers gleaned from months of frustration

 
Posts: 66
Location: Portugal
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So a while back I posted about a very steep piece of land in Mamede, Portugal that we were considering buying. https://permies.com/t/173409/Steep-Steep

Long story short, we went to visit it and the steepness was unbelievable. Much more precipitous than it looks in the photos. Even walking it was a challenge and impossible in about half the entire property - basically a few degrees off being a cliff-face. What's more, the house had subsidence and seemed to be slipping off the mountain (bulging, pot-bellied walls; big cracks). I don't blame it. We decided it was altogether too much.

With nothing else in that region within our price range, we started looking further North. The recent heatwaves, droughts and wildfires in Portugal mean that being somewhere further North with lots of water is not a bad idea at all in the long run.

We have learned a lot about Portuguese property laws which might be of use to others, since a lot of people seem to be drawn to it as a good place to find cheap land and settle down to pursue their homesteading dream. Some cliff-notes, gleaned from a few months of frustration:

1. Portuguese properties have an important designation which you must pay attention to. They are either 'rural', 'urban' or 'mixed' (meaning the property has both urban and rural designated parts).

2. You can't get a normal mortgage to buy 'rural'-designated (i.e. agricultural) land - it has to be registered 'urban' (even if it's not actually in a town). In this case 'urban' means that it's approved for full-time human habitation.

3. Yes, there are a lot of very cheap buildings in Portugal with piles of land that may look too good to be true for foreigners who want to come and do permaculture on a small budget... But if you check the property's designation, more often than not you will see that the building/s are registered as 'apoios a agricultura' (agricultural support building) and the land is designated 'rural'. Even if they are done-up just like a house, with bedrooms, kitchen etc., as many are. Don't be fooled. A lot of Portuguese tend to use these places as a kind of family holiday home, or stay in them while they work the land on a seasonal basis, etc. But they are not legally inhabitable as a primary abode.

As I've said, the bank won't mortgage an apoio agricultura (so you'd need to be able to purchase it outright if you wanted one of these places), but more importantly the rural designation means that you would not technically, legally be allowed to live there. You can be fined if you do so. Changing the designation is difficult, expensive and can be a very lengthy process. A lot of foreigners get caught out by this. You will see many broken-dream type properties for sale that may look great, and a lot of the time even have half-finshed permaculture projects on them (cob buildings, potagers, compost loos etc.) but what they don't mention in the listing is that the reason they are selling is because they were (unknowingly or intentionally) illegally 'dwelling' in a non-urban-designated property. Maybe locals reported it to the council; they weren't able to get it approved for full-time habitation or for agro-tourism, weren't able to get planning permission to build a house or perhaps weren't able to legalise their cob house and outdoor loos or whatever (Portuguese law tends not to consider cob buildings legitimate/suitable for habitation), or something along those lines.

The banks and estate agents both told us this is very common with foreigners buying in these remote areas and warned us not to make these mistakes. Don't get caught out.

4. In order to be mortgage-able, the property must be 'urban' and must consist of a house which the bank deems 'habitable' (which means, at minimum, having a fully plumbed-in bathroom, kitchen + electricity connected to it). If you don't need a mortgage, this isn't an issue. If you do need a mortgage, and were thinking of buying a rustic, somewhat ramshackle property to renovate, then this could potentially be a stumbling block for you, as it was for us.

5. As a non-resident foreigner, even in a joint mortgage with a Portuguese national, you need to have a 30% deposit. Even if you do not already have a house (in any country) and fully intend to live in the house you're buying as your primary residence, if you are not already resident in Portugal at the time of purchase then you will have to buy it as a 'second home'. Second home mortgages have worse rates and require a higher deposit. The rates can be recalculated, however, once you are resident.

.....

Once we'd learned these things and conversed with banks, it became clear that getting a mortgage to buy a rural ruin with gallons of land around it was basically impossible for us. Even with a massive deposit, they simply couldn't/wouldn't mortgage such a place. We tried five banks.

We have now had to readjust our sights and look for an 'urban'-classified property that that bank would deem both habitable and mortgageable. Properties in habitable condition are obviously much more expensive than shacks and ruins and tend not to have much land when within our price range, so our new approach is to purchase a house that's legal to inhabit, and then buy more agricultural land seperately (which can be super cheap in the right places, like 5,000-10,000 euroes if it doesn't have any likelihood of planning permission and you don't need it).

We reckon we've found somewhere in Western Serra da Estrela. The 'habitable' house only has about 1,600m2, but it has a very deep well, mature fruit trees and vines and a public watercourse that runs through the land for an hour a day. There are also grazing rights on the mountain and a large pasture for sale on the other side of the road.

I will leave the above bullet points for anyone considering buying and inhabiting rural land in Portugal and will update this thread if we move forwards with the purchase of this property (we're hoping to sign in September). I will be looking for potager planning tips and feedback on a design for the garden.
 
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Pretty much the same in Spain. Yet there are people living in these rural cottages, with the caveats of not being able to use some services. If you plan to go completely off-grid, maybe it's not an issue.
 
Rudyard Blake
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Abraham Palma wrote:Pretty much the same in Spain. Yet there are people living in these rural cottages, with the caveats of not being able to use some services. If you plan to go completely off-grid, maybe it's not an issue.



I think Spain is the same, yes. And I thought the same as you but I think it also depends on the area and what you're doing there. Some people have told us neither councils nor locals care what you do on your land. Other people have said there are local busy-bodies that take it upon themselves to make sure that you are abiding by all the rules. You can be subject to fines. We met people who had been fined. But it seems prevailing local attitude varies greatly by region. If you are just living a quiet life it's less likely to be an issue than if you are building a cob mansion to house your rowdy commune, haha. But we want to run a business, so it's important to us that the property is legitimate.

We saw lots on the market and visited a few places where people basically hadn't read the rules/deed, had been told off by the council or been refused permission for the improvements/renovations they'd intended to make, and were giving up/selling up. Loads of abandoned permaculture projects with half-renovated shacks and caravans hidden in the bushes.
 
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Hi all, I'm looking to buy a plot of land 1000sq m or so to put a tiny home on it.  I'm seeing properties say only tents campers and houses on wheels.  What does this mean? Only temporary camping allowed on your own land. I'm just starting to look and could use some pointers.
 
Rudyard Blake
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bren reece wrote:Hi all, I'm looking to buy a plot of land 1000sq m or so to put a tiny home on it.  I'm seeing properties say only tents campers and houses on wheels.  What does this mean? Only temporary camping allowed on your own land. I'm just starting to look and could use some pointers.



What you want to do is more complicated than it seems.

So basically in Portugal land has two kinds of designations, 'urban/residential', or 'rural/agricultural'.

If you want to do things legally and legitimately and not risk being thrown off your own land, you need to look for land that is designated 'urban', as you cannot legally live on or build a house (tiny or otherwise) on rural land. Some land may have bits that are designated urban and bits that are designated rural (for example, a land with a legal house with olive groves attached).

If a land is designated urban but has no house, this means it can be a building plot, but not a farm, etc.

If you want to build a structure on your land, even if it's just an agricultural building, you need to get planning permission if you don't have it. You need to have a qualified architect draw up a project, file it with the council, pay a bunch of money, get permission to start, etc. It takes months, it can be quite expensive, and then you only get a limited amount of time to start the work.

You are allowed to have temporary structures 'stored' on your land though, for example tents, tipis, caravans, on the condition that they have no foundations (so you can't build a concrete base for your caravan for instance). That and they need to be able to be dismantled or removed, so you can't just build a tiny house that can't be dismantled. And you are not legally allowed to reside in these temporary structures full time unless you have planning permission for them as a legally registered abode, which can be hard to get depending on your property and location.

So basically the land you are seeing is likely not land that is legal for full time habitation or usable for building a house. It's usually quite cheap for this reason. Lots of people buy these agricultural-only lands thinking they can live in a caravan, or build a cob building with no planning permission, or something, and have a permaculture project. In some places the council and your neighbours may turn a blind eye, but in a lot of places you will risk being fined and thrown off your land.

So be very careful when you're buying your land to make sure that you are legally allowed to do what you want to do with it. Go through a good estate agent that can explain to you in English. If you want to build a house with foundations (tiny or otherwise) you will need urban-designated land with planning permission. Turning 'rural' land into an 'urban' designation is not worth bothering with as it is very difficult, if not often impossible.

Also be aware that there are a lot of restrictions on the ways you can build new buildings in Portugal and if the house is legitimate it needs to be designed by an architect and will have to be quite conventional, with like standard sizes for doors, minimum sizes for rooms, and other mandatory regulations which are often quite silly (like every new build must have a bidet in the bathroom), so you can't just design it however you like.

Your best bet will be to find land with a small ruin that used to be a house for habitation. Many of these would not get permission to be built for habitation purposes now-a-days but if it is registered to legally exist, and is marked in the registo cadastral that it was/is a house for habitation, even if it's a tiny little hovel, you will find i t much easier to make it into a legal abode again. There are a lot of lands with ruins, but most of them were agricultural support buildings and you can't legally make them into a house or live in them (a lot of people buy cheap land with ruins thinking they can do this, only to be bitterly disappointed when they learn that it's not allowed). Tell your estate agent that you are only interested in ruins with an 'urban' designation that can be turned back into a house.

We've just bought 4ha that has a ruin in the middle. It's very small, but people used to live in it so it's registered as a house not an agricultural shed and we will be turning it back into a house to live in. We would never get permission to build anything new, but rebuilding a ruin is much easier permission-wise. Something like that is probably your best bet, plus doing up a ruin is easier than building a tiny house from scratch in some ways.

Hope this helps.
 
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