Answer 4 questions. We check what Decreto-Lei 108/2026, the Civil Code and the tenancy law say about your work. Your values stay in your browser.
What the law says for your case
- Town hall (câmara municipal)May be exempt
Under Decreto-Lei 108/2026 (article 6-A(1)(j)), replacing window frames with ones that promote energy efficiency, with the same geometry and an exterior finish identical to the original, is work exempt from a licence and from prior notification. You must inform the câmara up to five days before starting (article 80-A). The law comes into force on 1 October 2026 (Decreto-Lei 155-B/2026), so it already applies.
- CondominiumInformation
Article 1422 of the Civil Code forbids owners to harm, with new works, the safety, the architectural line or the aesthetic look of the building. Works that change them need the prior authorisation of the owners' meeting, by a majority representing two thirds of the total value of the building (paragraph 3). If the window looks the same from outside, that authorisation does not seem to be needed, but the constitutive deed and the condominium rules may have rules of their own: read them and tell the administrator.
- What to do nextInformation
Talk to the administrator before asking for quotes. Use the letter below, attach a photo, the drawing and the technical sheet of the new window, and ask for the decision in writing.
Letter to the administrator (in Portuguese)
It is already in Portuguese, because the administrator reads Portuguese. Copy it and replace what is in square brackets.
This is a guide, not legal advice: the rules change and each building and each câmara may have rules of its own. Check with your câmara and the administrator.
«Can I replace the windows of my home?» has three answers, depending on whether you are in a house, in a flat with a condominium or in a rented home. Each case has a different body to ask: the town hall (câmara municipal), the owners’ meeting or the landlord. This guide gathers what the law says and gives you a ready-made letter for the building administrator.
Use the quiz above first: it asks 4 questions and shows what applies to your case.
The town hall: licence and notice
Since 2026 there is a new rule. Decreto-Lei 108/2026 (Diário da República, 29 May 2026) puts among the works of minor urban-planning relevance, exempt from a licence and from prior notification, «replacing the window frames of the openings with ones that promote energy efficiency, provided the geometry and the volumetric relation of the different components of the frame are kept, giving an exterior finish identical to the original» (article 6-A(1)(j)). This also holds in protection zones of listed buildings.
Listed buildings, or buildings being listed, are left out (article 6-A(2)(a)).
Even when exempt, the work is not a surprise: up to five days before the work starts, including works exempt from a licence or prior notification, the owner informs the câmara and says who will carry it out (article 80-A(1)).
Two notes of caution:
- A different colour, material or design. The exemption asks for an identical exterior finish and the same geometry. If the colour or the design changes, we cannot say it is exempt: ask the câmara before ordering.
- The date. Decreto-Lei 155-B/2026 of 31 July changed article 13 and set the entry into force of Decreto-Lei 108/2026 on 1 October 2026. So the rule already applies.
The condominium: the meeting and the colour of the windows
Article 1422 of the Civil Code deals with the limits owners have between themselves. It says they are especially forbidden to «harm, either with new works or by lack of repair, the safety, the architectural line or the aesthetic look of the building» (paragraph 2(a)). And it adds: works that change the architectural line or the aesthetic look «may be carried out if the prior authorisation of the owners’ meeting is obtained, approved by a majority representing two thirds of the total value of the building» (paragraph 3).
In practice:
- A new window that looks the same from outside (same colour, same design): the law does not seem to ask for the meeting’s authorisation. Still, read the constitutive deed and the condominium rules, and tell the administrator.
- A window with another colour, material or design: it may change the aesthetic look. Then you need the prior authorisation of the meeting, by two thirds of the total value of the building. Do not order before the decision.
- Replacing all the windows of the building at once (for example, to make them uniform): if it is work on the common parts, article 1425 also applies, which asks for the approval of the majority of owners, representing two thirds of the total value of the building.
The list of common parts in article 1421 speaks of structure, load-bearing walls, roof, entrances and general installations, and does not name window frames. The constitutive deed decides whether a window is a common part or belongs to the flat: read it.
Use the letter in the quiz: it asks the administrator to put the matter on the agenda, with the photo, the drawing and the technical sheet of the new window.
A rented home: who pays and who decides
- A broken or worn window. According to article 1074(1) of the Civil Code, the landlord carries out the conservation works, ordinary or extraordinary, unless the contract says otherwise. That is how the Porto Court of Appeal reads it on 10 July 2024 (case 1809/22.0T8MAI.P1). Ask the landlord in writing and read the contract.
- An improvement (a window that still works, but we want more insulation or less noise). As a rule, the tenant only does works with the landlord’s written permission or if the contract allows it. We did not confirm the text of this rule in an official source: read the contract and agree everything in writing, including who pays.
- If the building has a condominium, the landlord is the one who talks to the administrator.
What to ask and keep
- The installer: will the new window look the same from outside? Ask for the description in the quote (shape, colour, exterior finish). Use the quote checker.
- The câmara: is my window covered by the exemption in Decreto-Lei 108/2026? Is the building listed?
- The administrator: do the rules or the constitutive deed say anything about windows? Ask for the decision in writing.
- Keep the letter, the answers, the technical sheets and the invoices. If you later apply for a grant, you will need them: see the guide to window grants.
What I could not confirm
- The text of article 1074(2) of the Civil Code on the tenant’s works.
- Whether the outside window frames are common parts or belong to the flat: it depends on the constitutive deed.
- Each câmara’s rules for historic zones, and each condominium’s rules.
- The Civil Code text comes from a copy with the wording of Decreto-Lei 267/94: check the version in force in the Diário da República.
Sources
- Ordem dos Arquitectos: Decreto-Lei 108/2026 of 29 May (copy of the Diário da República): articles 6-A (paragraph 1(j); paragraph 2) and 80-A(1). Text read on 23 October 2026.
- Diário da República: Decreto-Lei 155-B/2026 of 31 July: sets the entry into force of Decreto-Lei 108/2026 on 1 October 2026. Text read on 23 October 2026.
- Mapfre: Civil Code, horizontal property: articles 1421, 1422 and 1425, with the wording of Decreto-Lei 267/94. Read on 23 October 2026.
- Porto Court of Appeal, 10 July 2024, case 1809/22.0T8MAI.P1: quote of article 1074(1) of the Civil Code.
What to do next
- See also replacing old windows and the guide on how to check a company.
- Get an idea of the price with the calculator.
- Could you get help paying for new windows? Take the window grants quiz.
- Want wood-look PVC windows? See the condominium’s approval.
