REALWorld Law

Planning / zoning

Controls on detailed design

Does public law control the detailed design, appearance and method of construction of any new building?

Portugal

Portugal

The design and appearance of a new building may be governed by public law if a detailed plan or an urbanization plan has been approved for the area. Even so, usually the design and appearance of a new building is not completely controlled by public law.

The recent changes have created new cases in which if there is a detailed designed plan, it is only required a prior notice to the municipality, instead of obtaining a licence. As long as, some requisites are met.

This happens in cases such as, if the detailed design plan was published after 7 March 1993 and the plan contemplates plot divisions or in urbanisation works and land remodelling works, as long as the detailed plan was published after 7 March 1993 and it provides for the implementation and programming of said urbanization and building works.

The method of construction is governed by building regulations such as the General Regulations of Urban Buildings dated from 1951 (Regulamento Geral das Edificações Urbanas).