Reform and Simplification of Licensing in the Areas of Urban Planning, Land Use Planning, and Industry

The simplification of these procedures contributes to increasing the availability of land, reducing the cost of housing development, and shortening the timeframe for real estate projects.

Some of the most significant changes include the elimination of the need to obtain urban planning licences, with the creation of new cases for prior notification, exemption, and waiver of prior control.

In particular:

1. New cases of prior notification are introduced, eliminating the requirement for an urban planning licence.
2. A system of tacit approval for construction licences is implemented. This means that if decisions are not made within the stipulated deadlines, the applicant may proceed with the intended project. The potential impact of this measure is now greater, as a certification mechanism for tacit approval has already been established through an electronic procedure under Decree-Law No. 135/99, of 22 April, in its current wording.
3. The construction licence permit is eliminated and replaced by the receipt of payment of the relevant fees.
4. The requirement to obtain urban planning licences is removed by creating new cases of prior notification, exemption, and waiver of prior control.
5. The need for an occupancy permit is eliminated when construction has been subject to prior control, replacing this requirement with the mere submission of project-related documents, without the possibility of refusal.
6. The conditions for requesting an extension of the construction deadline are made more flexible, removing the restriction that it can only be granted once, and that the extension cannot exceed half of the original period.
7. When a change of use occurs without work requiring prior control, a prior notification must be submitted, allowing a 20-day response period for the municipality. If the municipality does not respond, the occupancy permit is considered granted.
8. Competence for granting construction licences may be delegated to municipal service directors, thus avoiding the concentration of powers within the municipal council, the mayor, or the relevant councillor.
9. If there is no outright rejection or request for correction or supplementation, the application or notification is considered properly submitted, and the request cannot be refused on the grounds of incomplete documentation.
10. When opinions are requested, the procedure must continue while awaiting the issuance of such opinions, authorisations, or consultations.
11. Municipalities are only responsible for verifying compliance with municipal or intermunicipal land use plans, preventive measures, priority urban development areas, priority construction areas, administrative easements, public utility restrictions, the proposed land use, legal and regulatory requirements regarding external appearance and urban integration of buildings, and the adequacy of infrastructure. They are not responsible for assessing internal building matters or specialised aspects such as water, electricity, or gas systems.
12. Municipalities do not assess or approve specialised project designs, which are instead submitted for record-keeping, accompanied by declarations of responsibility from competent professionals stating that the projects comply with legal requirements.
13. Certain requirements of the General Regulations for Urban Buildings (RGEU) that are considered restrictive and outdated are repealed or replaced. These include the mandatory installation of bidets in bathrooms, the option of having a shower instead of a bathtub, and the acceptance of alternative kitchen layouts such as kitchenettes or walk-through kitchens.
14. The RGEU is repealed with effect from 1 June 2026.
15. Municipal regulations are limited in scope, meaning they cannot include administrative procedures or documentation requirements, ensuring greater consistency across municipalities.
16. Excessive documentation requirements for urban planning applications are removed, such as the need for digitised work logs or notarised and certified powers of attorney.
17. The requirement for a specific licence to occupy public space is eliminated. Instead, urban planning licences or prior notifications will cover permissions needed for public space usage, such as placing debris containers or scaffolding on public roads.
18. Disproportionate requirements for letterboxes are eliminated, as well as the obligation for municipalities to verify compliance.
19. The requirement to involve police forces in construction work is prohibited.
20. Municipalities must accept the transfer of contractual guarantees provided by the contractor to the developer for urbanisation works, thereby eliminating the cost of issuing new guarantees.
21. Formalities related to property transactions are simplified by eliminating the need to present or prove the existence of the housing technical file and the occupancy permit.
22. The process for reclassifying rural land as urban land is simplified, particularly for industrial, storage, logistics, or controlled-cost housing purposes.
23. The approval process for urbanisation and detailed plans is streamlined by eliminating oversight from Regional Coordination and Development Commissions and the requirement for a concertation phase.
24. More cases of exemption from urban control are created, meaning fewer licences or prior notifications are required. This is achieved by clarifying the content of execution units, which, when meeting specific criteria, no longer require a licence or prior notification.

Additionally, the changes introduced by this decree-law apply to procedures initiated before its entry into force that are still pending, except for the formation of tacit approval in urban planning procedures.