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Planning permission

Planning permission

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Old Jan 26th 2021, 4:34 pm
  #1  
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Default Planning permission

We are planning on replacing a wooden shed with a brick structure which we were advised to do following the wild fires a couple of years ago.
Does anyone know if we need to seek planning permission, and if so, how we go about it?
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Old Jan 27th 2021, 8:50 am
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Default Re: Planning permission

Why not just ask the local Câmara ?

You would be ill advised to go ahead without getting IN WRITING a confirmation from the Câmara that either the particular building you wish to construct does not need permission OR, if it does that they give their consent.

SO whoever, and with whatever degree of authority tells you you don't need consent you still need to get the Câmara to confirm it. And confirm it in writing.
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Old Jan 27th 2021, 8:57 am
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Default Re: Planning permission

Thank you for that, we thought that would be the case.
Do you have to apply in person or could we send an email?
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Old Jan 27th 2021, 9:04 am
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Default Re: Planning permission

I think you might need full planning permissions if you are constructing a permanent structure for habitation.
My advice would be to ask for an appointment with one of the Camara architects.
In my area they will accept appointments from people one day a week.
They should be able to advise you, on what you can or cannot do.....assume they know that you are living in a wooden house in the first place?
Check before you go see them about legality of existing wooden house.
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Old Jan 27th 2021, 9:10 am
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Default Re: Planning permission

The way I would do it ( unless I had a solicitor / advogado I relied upon and wanted to do it for me ) would be to physically go to ( when Covid restrictions permit ) the Câmara building and ask what is the Department responsible for giving permissions for building construction, PLUS CRUCIALLY the name and email address of the staff member in charge of that Department. ( Or maybe you could just obtain this information with an email to the Câmara - address avlbl on their website ).

Then I would in the first instance email that person explaining with photos of the existing building, and drawings and dimensions of the planned brick building, including intended materials and what colour it will eventually be. And ask if such a construction requires specific permission, and if so, how to go about obtaining such permission ( I imagine there must be Forms to fill in and fees to pay ).

Then see what response you get.

Even if you get a favourable response I personally would not leave the communication at email level ( these can be lost and in any event may be difficult to rely on years down the line when you are being prosecuted for building without permission ).

Instead I would write an old fashioned Letter ( ie on paper ) and send it or hand it in, seeking confirmation in writing ( not email ) that you have the necessary permission.

Again, this letter needs to attach photos, designs, etc. showing EXACTLY what it is you wish to construct and seek permission to construct.

Some may laugh at the extensiveness of the precautions which I advise. I assure you, however, that painful experience is at the root of the advice.
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Old Jan 27th 2021, 9:20 am
  #6  
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Default Re: Planning permission

It is a wooden shed we would like to replace, not a house! It's for storage purposes only.
Thanks again for the advice, regarding the Camra process, we'll see if we can get their permission before starting anything.
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Old Jan 27th 2021, 9:22 am
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Default Re: Planning permission

If this turns into a full blown construction an architect would be required, along with an engineer, and a full set of plans drawn up, inc structural engineering drawings. A big and expensive job depending on size. If this would be considered as a new build then latest regulations are pretty intensive.
But the first thing you will need to know is can a permanent building for habitation be built on the land.
Just ask the Camara the names of the Architects in their office. They have all of the information and will be ready for a visit if and when that can happen.
You would need to supply them with all info from `caderneta predial` of the land, that gives the info they need to know where you are talking about.
In my area all Council architects are working from home, so maybe an email would suffice in the first instance.
Just phone the Camara, hopefully someone will speak in English. Normally you need urbanistica dept.
If it is not classed as an urban plot, but agriculture or rural then planning might be very difficult at all.
As Riv says, dont mess with these people, just do and listen to what they say, if you can get hold of them at the moment.
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Old Jan 27th 2021, 9:27 am
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Default Re: Planning permission

You need a local architect.
Even a shed needs planning permission, and it can be done but it's quite involved.
Technical drawings are required, signed by the architect. The architect is the person who understands not only the technical requirements, but the legal ones, and by local experience, what is likely to be permitted under what conditions.

Find a newly built structure in your camara, and ask who the architect was for that, or ask around your area to find out which architect is in favor at your camara at the moment.
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