Housing is a fundamental human right, and in Portugal this right is protected by laws and regulations designed to ensure that all citizens have access to decent housing. In this article, we will discuss housing rights in Portugal, the laws that protect them and the Government's efforts to ensure that the population has access to suitable accommodation.
Portuguese Constitution and the right to housing
The right to housing in Portugal is enshrined in the Constitution of the Portuguese Republic. Article 65 of the Constitution states that “everyone has the right, for themselves and their family, to a home of adequate size, in conditions of hygiene and comfort, and preserving personal intimacy and family privacy”. This article confirms the importance of housing as a fundamental right and establishes the State's responsibility to promote access to suitable housing.
Moreover, the Decree-Law No. 38/2023 of 29 May, addresses the lease regime for subletting for families facing difficulties accessing housing on the market and amends several legal frameworks in the housing sector within the scope of the implementation of the Recovery and Resilience Plan Recovery and Resilience Plan.
Housing Framework Law
To strengthen the protection of the right to housing, Portugal approved the Housing Framework Law in 2019. This law sets out the fundamental principles and guidelines for this policy in Portugal. The law defines housing as a fundamental right and establishes the following principles:
- Universality: Housing is considered a right of all citizens.
- Equality: Policy should promote equality in access to housing.
- Quality: Homes must meet quality standards, ensuring conditions of hygiene, comfort and liveability.
- Sustainability: Policy should promote environmental and energy sustainability.
- Participation: Citizen participation in the definition of housing policies is encouraged.
Housing support programmes
The Portuguese Government has implemented support programmes to ensure that citizens have access to a decent place to live. Some of these programmes include:
- Affordable Rental Programme: This aims to make renting more affordable for both tenants and landlords. The Government offers tax incentives to landlords who charge fair rents.
- Porta 65 – Young: Intended for young people seeking housing and provides financial support for rent payments.
- Social Housing Programme: The Government provides social housing at affordable prices for low-income families. The dwellings are managed by public bodies or non-profit institutions.
- Urban Regeneration Programme: aims to recover and refurbish dilapidated buildings and urban areas, with the aim of increasing the supply of flats and houses.
In addition, the Government provides an allocation of over €1 billion for eleven support programmes for rent and housing credit, according to the report on the draft State Budget for 2024 (OE2024).
Challenges and the importance of a specialist solicitor
Despite progress in the protection of the right to housing in Portugal, there are still challenges to be faced. Rising house prices in metropolitan areas such as Lisbon and Porto have led to concerns about access to housing, particularly for low-income families. In addition, the shortage of affordable housing remains a problem in some regions of the country.
In summary, Portugal regulates the right to housing as a fundamental human right and has laws and regulations designed to ensure that all citizens have access to suitable housing. If you still have doubts about the matter, seek a specialist solicitor to ensure that your rights are safeguarded. Get in touch with us.
Book a consultation with us. We will review your case thoroughly and point you towards the best course of action.