Rustic land sold in shares ("avos") in Portugal: what you are really buying
Updated on
Short answer: buying "avos" (for example 1/20 of a plot) means buying an undivided share of a property that stays one single plot. You don't own any specific piece of it, even if there are stakes or a fence on the ground. To build, the PDM rules apply to the whole plot, and in practice you need the other co-owners to agree.
Got a plot in mind? Mark it on the map and see straight away, free and without an email, which PDM zone it is in and whether REN, RAN or wildfire risk apply.
Shares are not plots
A plot has its own land-registry entry. In co-ownership (compropriedade), every co-owner owns the whole property in proportion to their share. A "division" agreed between neighbours or marked on the ground has no legal effect. A real division needs a formal process, and on rustic land you cannot create parcels smaller than the minimum farming unit (unidade de cultura) set for the region.
The council rule on new co-owners
To stop illegal subdivisions, Portugal's law on illegally developed areas (Law 91/95, article 54) requires a favourable opinion from the council for any deal that creates co-ownership of a rustic plot or increases the number of co-owners. The council can refuse it when the sale is really an attempt at a forbidden subdivision. Always ask whether that opinion exists for your deed.
Can I build a house on "my" part?
Only if the PDM allows housing on that land, and minimum-area rules count for the whole property, not your share. A planning application on a co-owned property normally needs the standing of all co-owners. On agricultural or forest land the answer is usually no.
Power, water and connections
Without a licensed building, permanent electricity and water connections are usually refused. Some councils also restrict requests on fractioned rustic land. Check with the local council before buying.
Risks to weigh
- Disputes with other co-owners over use, access and costs.
- Hard to resell: the market for shares is small and bank loans are rare.
- Unlicensed buildings can be stopped and demolished.
Before you buy
- Get the land-registry certificate and caderneta of the whole property: total area, number of co-owners, charges.
- Check the PDM category and constraints for the whole property.
- Ask about the council opinion (Law 91/95, art. 54) and, if you want to build, file a PIP.
A Checkplot report shows what the PDM and constraints allow on the whole property, in English, so you know whether it's worth going further.
Frequently asked questions
Is buying avos the same as buying a plot?
No. You buy a share of a property that stays undivided. You don't own any specific part of it.
Can I build on the part I was shown?
Only if the PDM allows housing on the property, with the rules applied to the whole property, and normally with the other co-owners' agreement.
What is the article 54 council opinion?
A favourable opinion from the council required for deals that create or increase co-ownership of rustic land, to prevent illegal subdivisions.