On the Maritime Public Domain

In accordance with Article 3 of Law No 54/2005 of 15 November 2009, as amended by Law No 34/2014 of 19 June 2009 establishing the ownership of water resources, the Public Maritime Domain comprises:

coastal and territorial waters;
(b) inland waters subject to the influence of tides, rivers, lakes and ponds;
(c) the bed of coastal and territorial waters and inland waters subject to the influence of tidal waters;
(d) the contiguous seabed of the continental shelf, covering the entire exclusive economic zone;
(e) the margins of coastal and inland waters subject to the influence of tidal waters.

Article 4 of that law also states that the State-owned maritime property belongs to the State.

The seabed of the sea and other waters subject to tidal influence shall be limited by the line of the highest prey sea of live equine waters. That line shall be defined, for each site, on the basis of the sinking of waves under average sea stirring conditions, in the first case, and under average flood conditions, in the second.

The shore of the sea waters, as well as that of the navigable or floating waters on the date of entry into force of Law No 54/2005 of 15 November, which are subject to the jurisdiction of the maritime and port authorities, shall have a width of 50 metres. The margin of other navigable or floating waters shall have a width of 30 metres. Where it has the character of beach to a greater extent than that laid down in the preceding paragraphs, the margin extends to the extent to which the land is of such a kind.

The width of the margin is counted from the boundary line of the bed. If, however, this line reaches raised slopes, the width of the margin is counted from the rim of the alcantil.

Private persons, subject to administrative servitudes, beds and banks of sea and navigable waters which are disassigned and subsequently disposed of, or which have been or will be recognised as private by virtue of rights acquired previously under express provisions of this Law, are presumed to be public in all other cases.

The dominial beds which are abandoned by or taken over by the waters (water backslides) shall not be added to the adjacent areas of the bank, but shall remain in the public domain if they do not exceed the ranges fixed for the bank, but shall automatically fall into the private domain of the State in the opposite case.

Where there are private plots adjacent to the dominial beds, portions of land which are slowly and successively corroded by the water (water advances) are automatically regarded as forming part of the public domain, without any compensation being paid.

If the privately owned plots adjacent to the dominial beds are invaded by the water (water advance) remaining there without corrosion of the land, the owners retain their right of ownership, but the State may expropriate those plots.

Click here to consult the Maritime Public Domain delimitation file published in the Portuguese Official Gazette.

We will soon provide frequently asked questions and answers.