New law limits flags on public buildings and provides for fines up to 4,000 euros

The Assembly of the Republic approved Law No. 63/2026, published in the Diário da República No. 202, dated October 19, 2026, which regulates the use of flags on public buildings and creates an administrative offense regime with fines between 200 and 4,000 euros. The law covers central, regional, and local administration services, including the autonomous regions, and requires the targeted entities to remove non-permitted flags within 30 days. Entry into force is set for 30 days after publication, namely, November 18, 2026.

The diploma was decreed under paragraph c) of Article 161 of the Constitution and was approved on September 18, 2026, with promulgation on October 9 by the President of the Republic, António José Martins Seguro, and countersigned on October 13 by the Prime Minister, Luís Montenegro. The text is signed by the President of the Assembly of the Republic, José Pedro Aguiar-Branco.

The declared object is the use of flags in buildings of a civil or military nature, national monuments, and any facilities where central, regional, and local administration services operate, including headquarters, delegations, and offices of public entities. The material scope extends to buildings, monuments, facilities, flagpoles, facades, and official interiors belonging to or assigned to sovereignty bodies, direct and indirect state administration, autonomous regions, local authorities, and other public entities.

Flags that are now permitted

In the covered spaces, the display or hoisting of the following flags is exclusively permitted:

• The National Flag;
• The flag of the European Union, under the terms of the legislation in force;
• The institutional and heraldic flags of State entities, autonomous regions, local authorities, services and entities of a public nature, the Armed Forces, and security forces and their respective units;
• Flags that historically preceded the aforementioned, provided they are within the context of the respective historical commemoration;
• Flags associated with institutional, educational, or official recognition programs promoted by public entities;
• Flags symbolizing international commitments assumed by the Portuguese State, in official initiatives, commemorations, or campaigns, provided they are not of a political-partisan or electoral nature.

The joint placement of flags must respect the rules of precedence, size, conservation, and arrangement provided for in the applicable legislation.

Supervision, liability, and fines

Enforcement is the responsibility of the Guarda Nacional Republicana (Republican National Guard) and the Polícia de Segurança Pública (Public Security Police), within their respective territorial jurisdictions, while the entities responsible for managing the spaces are tasked with ensuring compliance with the rules. Violation entails disciplinary liability for public servants and the invalidity of administrative acts performed in non-compliance, under the terms of the Código do Procedimento Administrativo (Code of Administrative Procedure).

The hoisting of unauthorized flags in any covered building or public space constitutes an administrative offense. The fine ranges from 200 to 2,000 euros in cases of negligence and from 400 to 4,000 euros in cases of intent. In determining the specific measure, the gravity of the infraction, the degree of fault of the agent, whether the infraction occurred inside or outside the building, and whether the flag was hoisted alone or together with the National Flag are considered.

The instruction of proceedings and the application of fines fall to the competent administrative authority, according to the general regime of minor social order offenses approved by Decreto-Lei n.º 433/82 (Decree-Law no. 433/82), of October 27, with the possibility of judicial appeal of the decisions.

Deadlines, exclusions, and autonomous regions

Covered entities have 30 days after publication to adapt to the new regime and proceed with the removal of unauthorized flags, a period that coincides with the date of entry into force. Application to the Autonomous Regions of the Azores and Madeira is carried out without prejudice to the competencies of their respective self-governing bodies and with respect for the specificities of regional autonomy.

Private properties, even if open to the public, cultural, sporting, or associative events that do not involve official State representation, and diplomatic ceremonies governed by international protocol are outside the scope of the law. The text further requires that the application of the rule considers the specific institutional context and respects criteria of proportionality and adequacy.

For the first time, the law standardizes in a single diploma what may be hoisted in official spaces and assigns a supervisory role to the security forces, which will have a direct impact on municipalities, public services, and schools. For citizens, the practical effect is the replacement of flags on official facades and interiors by November 18, under penalty of a fine.

Source: Diário da República, no. 202, of October 19, 2026, 1st series, Assembly of the Republic (official reference: Law no. 63/2026).