Strategic planning / zoning in Portugal is governed mainly by a planning policy, framed by Decree Law No. 80/215, of 14 May 2015 (Regime Jurídico dos Instrumentos de Gestão Territorial), as amended. This statute, which came into force on 13 July 2015, generally maintains the existing planning policy that was implemented through national, sectorial, special, regional and local development and urban plans.
All plans are binding for the public entities, while the special plans and the municipal plans are also binding for individuals.
At the start of 2024 the Decree Law No. 10/2024, of 8 January 2024, was approved and published, which aims to ensure an administrative simplification of the licensing procedure (by providing new cases of waiver of prior notification, removing unnecessary administrative acts, amongst others).
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Yes. The relevant urban plan will prescribe whether a landowner may construct a new building or refurbish an existing building, which urban parameters and conditions are applicable in the construction, alteration, extension and demolition, and also the uses permitted.
Last modified 13 Mar 2025
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).
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Yes.
The municipal plans for land planning define the permitted use according to the area of activity (housing, commerce and services, industry, agriculture, etc) and sometimes the permitted changes in use.
Special plans (referring to protected areas, coastline, public water dams, estuaries and archaeological parks) define unauthorized, conditioned and preferential uses.
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The main relevant administrative authorities are the Municipalities (local authorities). The Municipalities draw up and approve the municipal plans for land planning and these are usually the competent authorities to conduct existing and successive control procedures for any urban operation.
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It depends on the nature of the project and the activity to be developed. For example, to implement industrial, tourist and commerce projects, other specific authorisations/licences are required.
Public and private projects, considered by the law as likely to show visible effects on the environment are subject to an environmental impact assessment project.
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Major construction works may be subject to a licensing procedure (in which case the control is more demanding and time-consuming) or to a prior notice procedure (in which case the control is lighter and faster). These procedures begin with a request from the interested party, which is sent together with the project and the descriptive document, among other supporting documents.
In cases where the works are subject to a licensing procedure, the matters that can be inspected by the Municipality have been limited by the recent changes in the law, their powers of inspection can only be used to analyse the conformity of the projects with the legal regulations (for example, conformity with the municipal urban plans, conformity with the proposed use), being forbidden from analysing other elements (such project works inside the building or its units).
Some works are regarded as having little urban significance and are not subject to any prior control procedure (for example, maintenance works). The number of works that do not require any prior control procedure has been increased with the new regulations.
Finally, there are cases where it is only necessary to send a prior notice within a deadline, this is the case for a change of use in buildings or autonomous units that have already been issued.
Use, or a change in use, is subject to a procedure of authorisation in which the work’s compliance with the approved project or the compliance with the appropriate legal and regulatory standards is tested.
During the construction phase, if the works are not subject to prior notice, a company may request to change the designated use of the building, and if within a 20-day period, there is no response from the Municipality, the change is considered accepted.
Under very specific circumstances, defined in the Decree Law No. 10/2024, of 8 January 2024, if there is a Prior Information Request (PIP) and it approves the project, then licensing procedure or previous notice can be waived, as long as the works begin within 2 years of the favourable PIP.
The regulation that establishes the procedures is the Legal Framework for Urbanization and Building (Regime Jurídico da Urbanização e Edificação).
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Yes, a third party who claims to hold a direct or personal interest or, irrespective of having a personal interest, anyone acting for the protection of the environment, the land use planning and town planning and also any voter exercising his/her civil and political rights in the event of deliberations of the local authority bodies where he/she is registered.
The Public Prosecutor Service may also raise objections.
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Depending on the location of the land, there may be an obligation to consult one or several administrative entities who may issue binding opinions within the licencing and advance notice procedures.
Courts do not directly intervene in administrative procedures.
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The Legal Scheme of Urban Planning and Building sets out the following deadlines for the decision:
Licensing of the architecture project::
Licensing for the final decision, for certain types of works/ for the majority of works:
Use authorisation:
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Broadly speaking, all administrative acts, including licences, authorisations and admissions of advance notices, are likely to be challenged before the administrative courts.
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Agreements between the developer and the Municipality may be agreed to between the parties or imposed unilaterally.
For example:
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The deadline for execution of the works is established in the licence itself. The deadline may also be extended by the Municipality. If the works are not concluded within the deadline in the licence, or within the deadline resulting from the extension, the licence is deemed to have expired.
A usage authorisation does not have a deadline.
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If urban standards are infringed, the Municipality has the power to impose an embargo, correction works, demolition and cessation of use. If such orders are not complied with, they may be enforced by the Municipality at the offender’s expense.
The Municipality may also impose fines for the infringements.
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Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?
Yes. The relevant urban plan will prescribe whether a landowner may construct a new building or refurbish an existing building, which urban parameters and conditions are applicable in the construction, alteration, extension and demolition, and also the uses permitted.
Last modified 13 Mar 2025