Construction is complete, the contractor is preparing the handover and the owner wants to move into the house. Before doing so, the technical documentation must be finalised and the property's use formalised with the local council. Although the term ‘occupancy authorisation’ remains common, the general legal framework has changed: following work subject to prior planning and building control, occupancy generally depends on submitting the legally required documents, rather than obtaining a municipal authorisation under the previous system.
1. Confirm the applicable procedure
The first step is to establish the regulatory basis of the work: was it covered by a building licence or a prior notification procedure? Does the completed work match the design underpinning the application? Is the intention to occupy the entire building or just one unit?
Under the current general framework for work subject to prior control, use may begin once the required documents have been submitted, without depending on a subsequent municipal approval. This does not remove the requirement for compliance or prevent inspections by the council.
Do not confuse this procedure with the use of buildings where no work subject to prior control has taken place, or with a change of use. Different rules may apply to those situations.
In Madeira, check the applicable regional framework, any transitional rules and the submission channel with the municipality. Forms and administrative arrangements vary between councils; legal requirements should not be confused with local practices.
2. Check the work before preparing the submission
Before signing declarations, the responsible technical professional should verify that construction is complete and complies with the design and applicable conditions. A final site visit helps identify unfinished work, undocumented changes and issues that compromise the intended use.
Depending on the building, checks should cover access, guarding, stairs, sanitary facilities, water supply and drainage, electricity, ventilation, accessibility and fire safety. The assessment should be proportionate to the work and the technical disciplines involved.
In Madeira, construction on sloping sites warrants particular attention to retaining walls, external drainage and access. These can affect the property's safety and functionality even when the internal finishes are complete.
If the design has changed, it is necessary to establish whether the changes can be recorded in as-built drawings or require a separate planning and building control procedure. As-built drawings do not, by themselves, legalise non-compliant alterations.
3. Gather the necessary documents
Under the general framework, the submission includes a statement of responsibility signed by the director of works or the construction supervision director, declaring that the work is complete and has been carried out in accordance with the design. It also includes as-built drawings where legally required, particularly to reflect changes introduced during construction in the circumstances specified by law.
The specific documentation should be confirmed for the case concerned. It is useful to organise:
- Identification of the applicant and the planning and building control file.
- The statement of responsibility appropriate to the procedure.
- As-built drawings, where applicable.
- Technical information and supporting documents required for the building's characteristics.
Alongside the municipal submission, gather the documents needed for handover and operation of the property: installation certificates or inspection records, an energy performance certificate where applicable, manuals, warranties and maintenance records.
Not all these items necessarily form part of the occupancy submission. Some fulfil separate obligations or document the handover to the owner.
4. Submit the documents and retain evidence
Documents should be submitted through the channel accepted by the local council, clearly identifying the building, the units covered and the original application file. Keep the submission receipt and a complete copy of the files provided.
Do not confuse a submission receipt with municipal certification of construction quality. A simplified procedure does not remove the responsibilities of those involved or make non-compliant work lawful.
If the documentation is incomplete or does not reflect the actual situation, do not assume that submission alone resolves the issue. Ask the responsible technical professional to confirm that the legal conditions for starting to use the property have been met.
Where only part of the building is concerned, also confirm that it can be used independently and that the shared areas, access routes and infrastructure serving it are suitable.
5. Avoid delays and complete the handover to the owner
Delays often arise when documentation is only prepared after the contractor has left the site. Changes to materials, equipment or service routes should be recorded during construction, avoiding the need to reconstruct that information at the end.
Plan the final technical inspection in advance and distinguish between three matters: formalising occupancy under planning and building control rules, contractual acceptance of the work, and the documentation needed for subsequent transactions such as a sale or financing. These are related but separate processes.
There is no single cost or timescale that applies to every case. Professional fees, remedial work, inspections and any applicable charges depend on the building, the procedure and the municipality.
Technical support helps identify outstanding matters before handover, without replacing the council's role or guaranteeing acceptance of non-compliant situations.
Checklist
- Confirm the procedure and framework applicable in the municipality.
- Check that the work is complete and compliant.
- Resolve alterations requiring planning or building control regularisation.
- Prepare the statement of responsibility and any required as-built drawings.
- Gather the required certificates, inspection records and maintenance documentation.
- Submit the documents and retain evidence of submission.
- Confirm the legal conditions before starting to use the property.