Can I drill a water borehole on my land?
It depends, but you almost always need an APA title — groundwater is a public resource. The basis is Law 58/2005 (the Water Law) and DL 226-A/2007, run by the APA (via the regional ARH). Searching for and building a borehole, and abstracting water, require a Water Resources Use Title (TURH) — usually a licence and, in limited cases, a prior notice. The title is issued within 15 days of approval of the technical report. Registration/notice to the ARH (via SILiAmb) is mandatory before the title. Drilling companies need their own licence. An environmental-recovery guarantee may be required. In short: it depends — usually you need a licence.
📋 The rules
- Searching + abstraction require a licence
- Title: TURH from the APA/ARH
- Registration/notice mandatory (SILiAmb)
- Prior notice only as the exception
- Drilling company needs its own licence
🔓 Exceptions
- Small/pre-existing uses may need only a prior notice
- Prior information request to check feasibility (fee €100)
- Uses in the public water domain always need a licence
⚠️ Penalties & fines
Abstracting water without the TURH is a very serious environmental offence (DL 226-A/2007). For companies, fines run from €24,000 to €144,000 (negligence) and up to €240,000 to €5,000,000 (intent); for individuals, far lower amounts (a few thousand euros up to the legal ceiling, depending on intent/negligence). Beware the Brazil confusion: don't import the "water-use grant" (ANA/state agencies, with "insignificant-use" exemptions) — in Portugal the authority is the APA/ARH and the instrument is the TURH. Myth: "it's my land, so the water below is free" is false — groundwater is a public resource and abstraction needs a title even on private land. To drill a borehole: get the APA title and use a licensed company.
📎 Official sources
❓ Frequently asked
Can I drill a borehole on my land?
As a rule, only with a title. Drilling a borehole and abstracting groundwater almost always require a Water Resources Use Title, issued by the APA through the regional administration. It can be a licence or, in limited cases, a prior notice. Groundwater is a public resource, even under private land.
Isn't the water under my land mine?
Not freely. Although the land is yours, groundwater is a public resource, whose abstraction is subject to an APA title. So it's a myth to think you can drill and abstract freely because the land is private. Abstraction without the proper title is an environmental offence, with heavy fines.
What title do I need for a borehole?
You generally need a water-resources use licence, within the Water Resources Use Title, or TURH, requested from the APA. In more limited cases, a prior notice may suffice. Registration or notice to the regional administration, via the SILiAmb system, is mandatory before the title is issued.
What's the fine for abstracting water without a licence?
Abstracting water without the proper title is a very serious environmental offence. For companies, fines run from €24,000 to €144,000 for negligence and can reach millions of euros for intent. For individuals, the amounts are much lower, in the order of thousands of euros, depending on the gravity.
Do I need a licensed company for the borehole?
Yes. Companies that drill search-and-abstraction boreholes need their own licence to carry out the activity. In addition, abstraction requires the relevant APA title, and an environmental-recovery guarantee may be requested. So it's wise to use a properly licensed company and arrange the title.
🔎 Common searches
What people search to land here:
- “drill water borehole land portugal”
- “borehole licence apa”
- “groundwater abstraction turh”
- “borehole without licence fine”
- “groundwater public resource”
- “water law 58/2005”