SIMPLEX + 2016 Measures for Real Estate

Following the previous SIMPLEX (Program for Administrative and Legislative Simplification) created in 2006, the government presented in May this year the SIMPLEX + which aims to continue simplifying processes involving the relationship between citizens / companies and public administration.

The new legislative package has an impact on several areas, among which I am interested in describing those that concern the real estate sector and which, according to Graça Fonseca, the program coordinator, are to be implemented within a maximum period of 1 year.

With regard to the real estate sector, the measures presented will have an impact on construction, real estate promotion and taxation:

Construction

Online public works contractor license : The presentation of the public works contractor license is no longer necessary, and the public entity responsible for the award will be able to consult the contractor's license in the IMPIC Portal database.

Licenses and permits at IMPIC : The average term for issuing licenses and permits will now be published on the IMPIC Portal and at service stations. This measure is scheduled for the third quarter of this year.

Promoters and Real Estate Agents

Real Estate License 'on the spot' : For this year, the issue of 'on the spot' real estate license is still expected. The objective is for the title to be issued at the same time it is required, preferably through a website.

Housing Technical Sheet + : A simplification of the Housing Technical Sheet is foreseen, adding elements to other documents, such as the Building Energy Certificate or the Work Book . Measures are also foreseen that will simplify «eliminating, namely, the need to approve the electrical installation project, such approval being replaced by the term of responsibility of the author of the legally qualified project, attesting its compliance with the applicable legal rules». A new regime for the safety conditions of gas installations in buildings and a new licensing regime for electrical installations for private service (type A, B and C installations) are also foreseen.

Casa Pronta + : The Casa Pronta service (provided by the services of the Ministry of Justice, which aims to facilitate the transmission, encumbrance and registration of properties) will be extended to more businesses, such as purchase and sale with financial leasing and the division of common things. In March 2017, this service will allow you to make a request to change your address on the Citizen Card and schedule a change of address for the members of the respective household. An amendment that will be automatically communicated to the Tax and Customs Authority and other entities.

Supported Income Platform: This measure aims to facilitate access to information about rented houses and their tenants, through an online platform. This platform aggregates data from the Tax and Customs Authority (AT) and the Institute of Registries and Notaries (IRN) on the composition and income of the household, as well as the ownership of movable or immovable property.

Public Real Estate Portal : In the 2nd quarter of 2017, the Ministry of Finance, in collaboration with other ministries, will create the Public Real Estate Portal which should concentrate information on all public properties available for installation of public services or for rental from the general public. The portal will have two areas: an area that will be freely accessible to citizens and an area only available to the public administration. Additionally, the Ministry of Economy will create a digital platform for information and management of the State's cultural heritage spaces available for holding events.

During the same period, the Ministry of the Environment will promote the implementation of the measure ' Territorial Planning Online ', a collaborative territorial management platform designed to support the monitoring of territorial programs and plans (such as, for example, the Municipal Master Plans and the Detailed Plans ).

Unique Environmental Title (TUA) : Available during the first quarter of 2017, the Unique Environmental Title (TUA), will integrate 11 legal regimes and respective procedures. The objective is to constitute "a process, a title, a fee, which allows applicants to deliver all the instructional elements in one time through the Internet", as described by the Simplex + Program.

It will be articulated with the Balcão do Empreendedor , whose competencies will be reinforced to «progressively make available processes for licensing access and exercising economic activities» and the integration, through webservice, of the procedures of the various entities that process the licenses. In addition, the Government will create the Investor's Office . «This office will operate in a logic of personalized service and proximity to the entrepreneur, whether in terms of providing integrated investment solutions or in terms of supporting the licensing processes», according to the Program.

Taxation

Exemption from IMI + simple : This measure intends, as from next year, to dispense with the request for exemption from Municipal Property Tax (IMI) whenever the Tax and Customs Authority already has the necessary information, as in the case of the acquisition of own and permanent housing.

Certificate of non-existence of assets : This measure is planned for the 4th quarter of this year, which will make it possible to "obtain certificates online showing that the taxpayer does not own any buildings (rustic, urban or mixed)".

Shared Inheritance and Divorces Desk + The Ministry of Justice will be responsible for implementing this measure from the 1st quarter of 2017. This desk was created by the Simplex 2007 Program and will now be improved, increasing the number of online services and dematerialized processes on mutual contracts. "Make it possible to enter into mutual contracts with or without a mortgage at the Shared Inheritance and Divorces Desk. This measure includes the provision of models of draft contracts and agreements in the respective processes, such as divorce, inheritance and parental responsibility."

If you want to know the complete program of Simplex + you can consult it here .

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