Urban Licensing Simplex

The legislative package was approved on January 8, 2024, which aims to simplify administrative procedures and reduce costs and bureaucracy for companies and citizens in the areas of urban planning, spatial planning and housing, with a special focus on the issue of urban licensing.

These are the main measures, briefly described here:

Summary of Decree-Law No. 10/2024 , of January 8, which aims to Simplify Licensing.

Urbanism:

  • License deletion:

    • Creation of new cases of prior communication and exemption from prior control.
    • Exemption from licenses for interior works that do not affect the stability structure, which aim to increase the number of floors without increasing the height or facade, among others.
    • Exemption from licenses for works carried out by companies in the State business sector, municipal and inter-municipal companies in certain situations.
  • Simplification of procedures:

    • Adoption of a tacit deferral regime for construction licenses.
    • Elimination of the construction license permit.
    • Simplification of counting deadlines.
    • Extension of the validity period of prior favorable information.
    • Permission to extend the deadline for execution of works without the current limits.
  • Standardization of procedures:

    • Limitation of municipal regulations to certain matters.
    • Preventing the requirement for additional instructional documents compared to those provided for by law.
    • Creation of an Electronic Platform for Urban Planning Procedures.
  • Clarification of the cognition powers of municipalities:

    • Definition of the aspects that the municipality is responsible for verifying in the prior control and issuing of licenses.
    • Limitation of inspection powers to compliance with the law.
  • Elimination of excessive demands:

    • Revocation or replacement of certain requirements of the General Regulation on Urban Buildings (RGEU).
    • Revocation of the RGEU with effect from June 1, 2026.
    • Elimination of the need for a specific license to occupy public space.
    • Elimination of disproportionate and excessive requirements regarding mailboxes.
  • Simplification of the process of obtaining authorization for use:

    • Elimination of authorization for use when there was work subject to prior control.
    • Prior communication for change of use without work subject to prior control.
  • Simplification of processes regarding specialties:

    • Municipalities do not appreciate or approve specialty projects.
  • Simplification of processes for receiving urbanization works:

    • Obligation for municipalities to accept the assignment of the guarantee given by the contractor to the promoter.

Territorial Planning:

  • Simplification of the process of reclassifying rustic soil into urban soil:

    • Carrying out only one public consultation.
    • Procedural conference for all entities to comment simultaneously.
    • Attribution of competence to the municipal assembly for approval.
  • Acceleration of approval procedures for urbanization plans and detailed plans:

    • Elimination of monitoring of their preparation by regional coordination and development committees.
    • Elimination of the concertation phase.
  • Simplification of urban planning control:

    • Creation of new cases of prior communication that replace urban planning licenses.
    • Densification of the content of execution units.

Implementation:

  • The Agency for Administrative Modernization, IP, will coordinate the implementation of the measures.

Comments:

  • This summary is not exhaustive and only highlights the main points of the decree-law.
  • For more information, see the full decree-law .

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