1. Background
Included in the Mais Habitação (More Housing) package, Decree-Law 10/2024 was published on 8 January to reform and simplify town and country planning procedures and certain related matters (SIMPLEX).
In this context, several pieces of legislation have been amended, such as the Legal Framework for Urban Development and Construction (RJUE), the General Regulations for Urban Buildings (RGEU 1), the Legal Framework for Territorial Management Instruments (RJIGT), the Law on the General Principles of Public Land, Spatial Planning and Urban Planning Policy and the Legal Framework for Urban Rehabilitation.
2. Entry into force and pending processes
The changes introduced by the SIMPLEX apply to all procedures started before its entry into force, with the exception of the formation of tacit consent in urban planning procedures.
The amendments apply to all procedures started before the entry into force of the law.
In general, the law will enter into force on 4 March 2024, although there are amendments that will enter into force on 1 January 2024:
| The abolition of the obligation to present the use permit and the residential property technical file when transferring ownership of urban property. |
| Enlargement of the range of urban development operations considered to be of minor importance and exempt from licensing or prior communication. |
| Amendments to the RGEU |
| Reducing the number of situations that require the prior binding opinion of Cultural Heritage or of the Regional Coordination and Development Commissions. |
| Elimination of the need to obtain the approval of the condominium owners meeting to change the use of autonomous units to residential use. |
The following deadlines have also been set:
| 8 April 2024 | Publication in Diário da República (the official gazette) of urban planning regulations organised by municipality. |
| 6 January 2025 | Issuance of opinions through the Electronic System for Issuing Opinions. |
| 5 January 2026 | Start of operation of the Electronic Platform for Urban Planning Procedures. |
| 1 June 2026 | Repeal of the RGEU. |
| 1 January 2030 | Mandatory submission of architectural plans in accordance with BIM methodology |
In this document, we highlight the changes resulting from the
SIMPLEX that appear to be of greater practical relevance from the
point of view of the implementation of urban development
projects 2.
3. The types of urban planning procedure
On the basis of simplification of procedures and with a view to administrative speed and efficiency, the implementation of urban planning operations is now grouped in the following blocks:
| Exempt from licensing or communication |
| Prior communication |
| Licensing |
| Prior communication with deadline |
In the case of urban development operations subject to prior
communication, the interested party may not opt
for licensing.
In the case of an application for a licence for an urban development operation that is subject to prior communication or that is exempt from licensing or prior communication, the competent authority may issue a decision terminating the procedure.
There are now urban development operations which, because they have been preceded by a favourable prior information request (with certain characteristics and content), are included in the block of operations that are exempt from licensing or prior communication.
3.1. OPERAÇÕES ISENTAS
| Conservation works |
| Works inside buildings or their units that improve, do not damage or affect the stability of the structure, which do not involve changes to the height, shape of the façades, roofs or roof coverings, and that do not involve the removal of façade tiles, regardless of whether they face the public road or the courtyard. |
| Works of minor urban planning significance |
| The alterations referred to in paragraphs 4 and 5 of Article 6 of the RJUE. |
| Reconstructions and extensions that do not increase the height of the façade, even if they increase the number of storeys and the surface area. |
| Reconstruction works in areas subject to a public utility easement or restriction which do not result in an increase in the height of the façade, even if they involve an increase in the number of storeys and an increase in the floor area. |
| Any work necessary to comply with a compulsory works order. |
| Urban planning operations preceded by favourable prior information (with certain characteristics and contents) - see below. |
| Demolition works if the buildings are illegal. |
| Land subdivision operations in an area covered by a detailed plan with registration effects. |
Urban planning operations introduced and/or modified by Simplex are highlighted.
The above exemptions do not apply if the property in question is classified or in the process of being classified, if the property is part of a complex or site that is classified or in the process of being classified, or if the property is located in a protected area for classified properties or properties in the process of being classified. In the case of works of limited urban planning significance, this effect does not occur only in the case of properties classified as being of municipal interest.
The municipalities retain their powers of control during and after the works, as well as the possibility of ordering measures to restore legality.
In the case of works that affect structural stability, a declaration of responsibility must be issued by a qualified technician stating that the works, taken as a whole, improve or do not damage the structural stability compared to the situation in which the property actually existed before the works, and this document may be requested during any inspections.
The list of works of limited urban planning significance provided for in the legislation now includes situations where the materials in the openings have been replaced with others which, by providing an exterior finish identical to the original, promote energy efficiency
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Footnotes
1. Which will also be repealed by law, but with effect from 1 June 2026, when it is expected that the appropriate technical rules for the preparation of urban development projects will already be included in a Building Code
2. This document is intended to be distributed to clients and colleagues. The information contained in it is provided in general and abstract terms. It should not serve as a basis for any decision without qualified professional assistance tailored to the specific case. The content of this document may not be reproduced, in whole or in part, without the express permission of the publisher. If you would like further information on this topic, please contact PLMJ planning team, in particular Andreia Candeias Mousinho (andreia.candeiasmousinho@plmj.pt) ou Benedita Lacerda (benedita.lacerda@plmj.pt).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
