Excavation near a neighbour's land in Portugal

Independent site: we are not a public authority, and this is not legal or tax advice.

You may dig on your own plot only if neighbouring plots keep the support they need against collapse, and you must pay for any damage even if you took precautions (Código Civil, art. 1348.º).

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Law

Código Civil (Decreto-Lei n.º 47344/66)

Article

1348.º

Rule

An owner may open wells or mines and dig on their own plot

Condition

Neighbouring plots must not lose the support they need to prevent collapses or land slips (n.º 1)

Damage

Neighbours who suffer damage are compensated by the person who did the works, even if the usual precautions were taken (n.º 2)

Ditches

Ditches around a plot follow the same rule (art. 1357.º)

Official text

pgdlisboa.pt/leis/lei_mostra_articulado.php?nid=775&tabel...

Sources

pgdlisboa.pt/leis/lei_mostra_articulado.php?nid=775&tabel...
pgdlisboa.pt/leis/lei_mostra_articulado.php?nid=775&tabel...

Checked

2026-11-05