SORTED PLUS
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GOING LEGAL
imposed by the local council, specifically the Municipality’s master development plan (PDM abbreviation in Portuguese). A significant number of existing houses and constructions in the countryside are located in areas classified as agriculture or forest zones and new urban construction is therefore limited. For an individual to legally start building on their private property, they must first obtain a necessary construction permit from the local council, which will only be granted if the construction is within the general development rules for that area. In general, most new constructions in the countryside are limited and tend to be more focused on renovation works, because of those abovementioned restrictions. If a neighbour believes that the construction next to their property is not in accordance with the legal procedures, he or she can file a complaint with the local council and ask for an investigation to be started, which can ultimately lead to reduction of the size of the construction or even demolition.
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Some building works are taking place in the land beside mine, where there has never been a building of any description. Is this allowable in the countryside now and what steps should I take to ensure that the land owners/builders are within their legal rights? I want to protect my peace and quiet, and my view across to the hills which I have enjoyed for more than 30 years. A Anyone who wishes to build in a rural area is limited by the urban planning rules
Are there real advantages to taking out citizenship here in Portugal, what are they, and how do I set about it? I hold a British passport and am retired. A The biggest advantage of obtaining the Portuguese nationality is undoubtedly having a passport from a country that is part of the European Union. This allows any citizen of an EU Member State to enjoy freedom of movement between other EU countries, and as Portugal is also part of the Schengen Area, to travel to other countries
in the Schengen Area without border control and other bureaucracies. To obtain the Portuguese nationality, a person needs to meet certain requirements, such as: be a legal resident in Portugal for five years; have sufficient knowledge of the Portuguese language (proven by an official exam) and some other aspects to be considered in specific cases.
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I have been told that if I want to start a business here it is essential that I have a Portuguese partner. Is this the case? I am thinking about setting up an information bureau for ex-pats, advising on everything from property purchases to management of rental properties. A You do not need a Portuguese business partner to open a business in Portugal. Any foreigner can open a business and constitute a legal company in Portugal, as long as they obtain a Portuguese tax number (NIF). It is common for many foreigner investors to have a partnership with a Portuguese national or hire a Portuguese employee to help them establish or run the business, and deal with public offices where knowledge of the Portuguese language is required, but that is only an option. However, in the Algarve region there is a sizeable foreign community, and the English language is commonly spoken by most locals, especially in the real estate and property management sectors, which makes everything easier. Email questions for Ramos Associados to martin@algarveplusmagazine.com.
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I live here full time and have done for more than 15 years. I also have property in the UK, and an apartment in Gibraltar, both of which are rented out. I need to know where my Will should be lodged and how to ensure my daughter and her family are the sole beneficiaries – particularly of my property here. I do not wish to bequeath anything to my estranged son and his wife. A As you reside in Portugal, it would be convenient to establish a Will here as this allows you to choose the law of your nationality to regulate the dispositions of your Will and the succession in general. According to the current European law, without a Will the law that shall regulate the succession is the law of the residency of the testator, in your case the Portuguese law, which is very restrictive and does not permit to remove the son as a beneficiary, outside of exceptional cases. If you are English, the laws of England and Wales are more flexible in terms of determining who can be beneficiaries of a Will.
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TH E FI RST CO LU M N FRO M LEGAL E XPERTS N EL SO N R AM OS A N D R O B E R TA R A M O S , TO G E T H E R W I T H T H E I R S P E C I A L I S T T E A M AT R A M O S & A S S O C I A D O S I N A L M A N C I L , AT T R AC T E D CONSIDER ABLE INTEREST AND A NUMBER OF KEY Q U E S T I O N S W E R E P O S E D B Y A LG A R V E P L U S R E A D E R S . W E H AV E S E L E C T E D T H O S E TO P I C S T H AT A P P LY TO M A N Y
