REALWorld Law

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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).

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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.

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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.

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

The Legal Scheme of Urban Planning and Building sets out the following deadlines for the decision:

Licensing of the architecture project::

• 30 working days for the approval of the architecture project.

Licensing for the final decision, for certain types of works/ for the majority of works:

• 120 working days for works in an area no bigger than 300 sqm;
• 150 working days for works in an area between 300 sqm and 2200 sqm; and
• 200 working days for works in an area bigger than 220 sqm;
• · If there is no decision within these deadlines, it is accepted via tacit approval and the works can begin. However, if the project violates regulation such as municipal plans, after it was tacitly approved, it will be considered null.

Use authorisation:

• Depends on a previous notice, made 20 working days beforehand.
• If the works were subject to a previous notice beforehand, for the use authorisation it is only required to present a statement of responsibility signed by the construction manager or the supervision manager, stating that the works have been carried out in accordance with the project and, if there were changes, the final canvases with the changes duly marked. The Municipality cannot reject a use permit obtained this way.

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

Broadly speaking, all administrative acts, including licences, authorisations and admissions of advance notices, are likely to be challenged before the administrative courts.

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

Agreements between the developer and the Municipality may be agreed to between the parties or imposed unilaterally.

For example:

• planning agreements aimed at the elaboration of a draft plan, its amendment or its revision, as well as their respective executions, may be entered into; and
• urbanisation contracts must be entered into (contracts for the execution of infrastructure by the developer) in certain cases.

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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.

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

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.

Last modified 13 Mar 2025