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PROPOSED LAW NO. 103 /X

Exhibition of reasons

The importance of public real estate justifies the definition of a general regime and

common of the public domains of the State, autonomous regions and local authorities,

to properly ensure its integrity and to enable its profitability.

At present, such a general and common regime does not result directly from the law, as a result

fundamentally from median sources of law, thus becoming prepositionable to this

area of undeniable importance, in such a way as to protect and profitably enable the heritage resources of the

Country.

The legal regime for the management of public real estate has been, since a long time,

fragmented and dispersed, which hinders their interpretation and application and imposes deep

review, to which, in relation to the public domain, it is authorized by this Law. Thus, visa-

if systematizing the legal regime of the management of public real estate, what

covers the two major plans of the private domain and the public domain, being that,

as for this one, it is necessary to create the basilar rules to which the goods are subject

dominials.

The general and common regulatory provisions of the management of real estate of the fields

public of public legal persons of territorial basis shall cover at least

under the terms of this law, the acquisition and termination of the status of dominiality, the principles

general inalienability, printability and impenhorability, the use of the

real estate by the Administration, through dominial booking, domial mutations and cedances

of use, the fruition of the same by private individuals, through ordinary common use and use

common extraordinary and of private uses, the transfer, for the latter,

through the granting of exploration for predetermined period and upon payment

of fees, the powers of management and exploitation of real estate, as well as the elaboration, the

organization and the periodic updating of the inventory of immovable property by the entities that the

administer.

The self-governing bodies of the Autonomous Regions, the Association, should be heard

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National of Portuguese Municipalities and the National Association of Freguestics.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Subject

Is the Government authorized to establish the legal regime for the real estate of the fields

public from the state, autonomous regions and local authorities.

Article 2.

Sense and extension

1-A The legislative authorization conferred in the previous article comprises the general provisions

and common of the management of the real estate of the public domains of the State, of the regions

autonomous and local authorities.

2-The legal regime that the Government is authorized to establish in the terms provided for in the

previous article defines:

a) The acquisition of the status of dominiality by means of legal classification;

b) The assignment of the title of real estate of the real estate of the public domain to the State,

to the autonomous regions and local authorities and the respective exercise through the

powers of use, administration, guardian, defence and disposition;

c) The allocation, by the respective holder, of the immovable to the corresponding public utilities

to the legal classification whenever the public interest underlying the dominiality does not

decorates directly and immediately from the nature of the immovable;

d) The cessation of the status of dominiality through misallocation of real estate

integrated in the public domain;

e) Inalienability, printability and impending impenhorability, as principles

general;

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f) The exercise of the duty of self-tutelage by the Administration in the face of private individuals who

adopt abusive, untitled behaviour or, in general, which slug the interest

public to be satisfied by the immovable and repose the situation in the previous state;

g) The use by the Administration of real estate, through dominial reservation, by

grounds of public interest, subjective dominial mutations and cedances of

use, allowing the latter situation to be used by public legal persons

distinct from the holders of the real estate;

h) The fruition of real estate by private individuals, through ordinary common use

biased free of charge, save in cases where the harnessing is divisible and

provide special advantage, and of extraordinary common use and uses

deprivative, conferred by license or concession;

i) The subjection of the deprivative use of goods from the public domain, with powers

exclusive of fruition, during certain periods and upon payment of

fees;

j) The impossibility of extending the time limit of the granting of private use,

except stipulation to the contrary duly substantiated;

l) The need for the granting entity of private use to authorize

expressly the realization of acts of transmission between live and real warranty, of

arrest, of penhora or any similar providence on the resulting right of the

concession, under penalty of their nullity;

m) The duty of the concessionaire to repose the goods of the public domain dealerships in the

situation in which these were met at the date of the start of the concession and the possibility

of the concessionaire losing in favour of the conceding the goods whose disassembly or

separation implies a disproportionate deterioration of the vacated immovable;

n) The right of the concessionaire of the private use to an indemnity in the event of

extinction of the concession before the course of the period by fact that it is not

attributable;

o) The transfer to private individuals, through concession of exploitation, by period

determined and upon payment of fees, the powers of management and exploitation

of the real estate, in particular those of ordinary ordinary and granting permission of

deprivative use;

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p) The impossibility of extension of the term of the concession of exploitation, unless

stipulation to the contrary duly substantiated;

q) The elaboration, organization and periodic updating of inventory of goods

real estate in the public domain by the entities administering them.

Article 3.

Duration

The authorisation granted by this Law shall be for the duration of 90 days.

Seen and approved in Council of Ministers of October 12, 2006.

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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This decree-law sets out, for the first time, the general and common provisions applicable to the

real estate in the public areas of the State, autonomous regions and authorities

locations. At this headquarters, it assumes relevance to the possibility of the acquisition of the status of the

dominiality to be able to result from legal classification and allocation subsuntive to the utilities

corresponding public. On the other hand, the circumstance of the loss of the status of the

dominiality if it can check for misallocation of the utilities that justified the subjection

of the immovable to such status. The legal regime of the real estate of the public domains of the

State, autonomous regions and local authorities are still resorted to by the principles of

inalienability, printability and impenhorability and the possibility of the goods

in cause to be used, by the Administration, through reserves and dominial mutations and

of cedances of use and, by private individuals, in particular through grants of

exploration.

The present decree-law further contemplates the principles that should regulate the dominion management and

that are common to administrative activity.

For its part, the complete inventorisation of the real estate of the public domain of the State,

of the autonomous regions and local authorities is a pressing need for the

good management of public real estate, which is why, finally, one establishes a

scheduling program calendarized work of the work required for the elaboration and

update of the inventory, the default of which is liable to financial liability

aggravated.

In short, the systematization ora introduced allows to discipline, properly, a use

more efficient of the dominial resources, providing rationality and profitability in the

heritage operations and, consequently, a strengthening of financial effectiveness and thoroughness.

Thus:

In the use of the legislative authorization granted by the Article No. of the Law n. .../..., de ..., and

under the terms of the ( b) of Article 198 (1) of the Constitution, the Government decrees the

next:

Chapter I

General provisions

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Article 1.

Scope

The present decree-law sets out the general and common provisions on the management of goods

real estate in the public areas of the State, autonomous regions and local authorities,

as well as the reporting duties for inventory effects.

Article 2.

General principles

The entities covered by this decree-law shall observe the general principles of

administrative activity, specifically the principles of legality, of the pursuit of the

public interest in respect for the rights and legally protected interests of the

private individuals, of equality, proportionality, justice, impartiality and good faith.

Article 3.

Classification

The real estate of the public domain is those classified by the Constitution or by law,

individually or upon identification by types.

Article 4.

Title

The entitlements of the real estate of the public domain belongs to the State, the autonomous regions and

to local authorities, and covers powers of use, administration, tutelage, defence and provision,

under the terms of this decree-law and other applicable legislation.

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Article 5.

Allocation

1. Whenever the public interest underlies the status of the dominiality of an immovable

it does not decorates directly and immediately from its nature, it is incumbent upon the respective holder

affect it to the public utilities corresponding to the legal classification.

2. The effectiveness of the allocation to which the final part of the preceding paragraph is concerned is dependent

of the effective verification of the utilities that justified the subjection of the good to the status of the

dominiality.

3. When the real estate of the public domain is likely to provide several

utilities, these are determined and ordered by act or administrative contract, of

agreement with their nature and the public interests co-involved.

Article 6.

Misallocation

Where they are disaffected from the utilities justifying the subjection to the scheme of the

dominiality, real estate cease to integrate the public domain, entering the domain

private of the State, autonomous regions or local authorities.

Article 7.

Inalienability

The real estate of the public domain is out of the legal trade, and may not be the subject of

private rights, or transmission, by private law instruments.

Article 8.

Printability

The real estate of the public domain is not susceptible to acquisition by usucapion.

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Article 9.

Impenhorability

The real estate of the public domain is absolutely impawable.

Article 10.

Self-tutelage

The Administration has an obligation to order private individuals to cease the adoption of

abusive, untitled behaviour or, in general, which slug out the public interest to

indulge in real estate and repose of the situation in the previous state, and must impose

coercively to its decision, pursuant to the Code of Administrative Procedure and the

special applicable legislation.

Article 11.

Dominial reservations

1. The real estate holder of the common use public domain may reserve for themselves the use

deprivation of all or part of the same when grounds of public interest the

justifying, in particular, the purpose of study, research or exploitation, during a

given time frame.

2. The duration of the reservation is limited to the time required for the fulfilment of the purposes in

virtue of which it was constituted.

3. The reservation prevails over any right to use the real estate prior to its

constitution.

Article 12.

Cedances of use

1. The real estate of the public domain may be ceded to precarious title for use by

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other public entities.

2. To the cases referred to in the preceding paragraph applies, with due adaptations, the scheme

of the assignment to the precarious title, and, specifically, to the entities administering the

real estate:

a) Formalize the delivery of real estate through self-lending and acceptance;

b) Scrutinizing the fulfilment of the end-justification of the yielding;

c) Determine the return of the real estate to the ceding entity.

Article 13.

Subjective dominial mutations

The entitlements of the real estate of the public domain may be transferred, by law, act or contract

administrative, for the title of another territorial public legal person, in order to

real estate being allocated for integrated purposes in its assignments, in the terms provided for in the

Code of Expropriations.

Article 14.

Ordinary common use

1. Goods of the public domain can be fructed by all upon conditions of access

and of non-arbitrary or discriminatory use, save when in your nature result the

contrary.

2. Common common use of the real estate of the public domain is free of charge, unless provision in

contrary in cases where the harnessing is divisible and provides an advantage

special.

Article 15.

Extraordinary common use

1. The extraordinary common use of the real estate of the public domain may be subject to

authorization and payment of fees.

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2. The authorisation referred to in the preceding paragraph shall, in particular, ensure the

compatibility and hierarchy of the multiple possible uses, the satisfaction of the need for

conservation of good and the prevention of production or extension of hazards arising from

one of its most intense harnessing.

Article 16.

Privately used securities

Private individuals may acquire private use rights from the public domain by licence or

concession.

Article 17.

Grant of custodisation

1. Across an administrative act or contract, may be conferred on individuals, during

a given period of time, exclusive powers of fruition of goods from the domain

public, upon payment of fees.

2. The term of the concession, unless otherwise stipulated duly substantiated, shall not

can be extended.

3. The right resulting from the concession may constitute the object of acts of transmission between

live and actual warranty provided that preceded by express authorization of the entity

conceding, of arrest, of penhora or of any other similar providence.

4. The violation of the provisions of the preceding paragraph shall determine the nullity of the acts provided for therein.

Article 18.

Extinguishing

1. The extinction of the concession prior to the course of the term by fact not attributable to the

concessionary gives you the right to compensation for the losses and damages suffered

corresponding to the expenses that are not yet amortized and that represent

investments in inseparable goods from the occupied real estate, or in goods whose

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disassembly or separation of the occupied real estate entails a deterioration

disproportioned from them.

2. The extinction of the concession by the time of the period does not confer on the concessionaire the right to

any compensation.

3. Expaint the concession, the occupied real estate shall be repurposed in the situation in which if

found at the date of the start of the concession, with disassembly or withdrawal of goods, or its

loss in favour of the conceder should the disassembly or separation imply a

disproportionate impairation of the occupied real estate.

Article 19.

Concession of exploitation

1. Across an administrative act or contract, they may be transferred to private individuals,

over a specified period of time and upon payment of fees, powers

of the management and exploitation of goods from the public domain, specifically those of authorisation

of ordinary common use and of granting of custodian use.

2. The concession that bestokes on the concessionaire the power to confer on third parties the use

deprivation of the public domain should include the main clauses stipulating the

terms of this use.

3. The term of the concession, unless otherwise stipulated duly substantiated, shall not

can be extended.

Article 20.

Real estate Heritage Management Programme

1. The State Estate Heritage Management Program, approved by resolution of the

Council of Ministers, on a proposal from the Minister of Finance, sets out the

procedures and coordination measures to be carried out in the administration of real estate

Members of the public domain and the private domain of the State, taking into account the

directions of economic and financial policy.

2. The State Estate Heritage Management Program is multiannual, and must have the

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duration of four years.

3. The measures that integrate the State Estate Heritage Management Program

are listed in the report of the proposed State Budget Bill.

4. Compete to the Minister of Finance to ensure compliance with the procedures and measures

constants of the State Estate Heritage Management Program.

5. The Minister of Finance may require the State's services and public institutes

detailed and justified information on the drafting and implementation of the

procedures and measures of the State Estate Heritage Management Program.

6. Failure to comply with the provisions of the Estate Heritage Management Program of the

State, as well as the duty of information referred to in the preceding paragraph, is communicated to the

Court of Auditors and constitutes aggravating circumstance of financial liability.

7. The competent bodies of the autonomous regions and local authorities shall also

approve multi-annual programmes establishing the procedures and measures of

coordination to be carried out in the administration of the respective real estate of the respective

public domains.

8. The approval of the State Estate Heritage Management Program does not harm

the approval and implementation of sector-related management programs related to

the requalification of military infrastructure.

Article 21.

Objective scope of the inventory

1. The inventory is intended to ensure the knowledge of nature, use and value

of the real estate.

2. The inventory of immovable property consists of the registration of the relative data:

a) To the identification, classification, evaluation and allocation of them;

b) To the identification and description of real rights that onset the real estate.

3. The organization and structure of the general inventory of the real estate of the public domain are

defined in the office of the Minister of Finance.

4. The inventory of military real estate shall be subject to own rules, in the terms to be fixed in

own diploma.

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Article 22.

Subjective scope of inventory

1. For the purposes of this decree-law, the inventory covers the real estate of the domains

public of the State, autonomous regions and local authorities;

2. The entities administering the real estate of the public domains of the State, of the

autonomous regions and local authorities, including those in the business sector, must

ensure the organisation and periodical updating of the respective inventories.

3. All entities that administer the immovable property of the public domain of the State,

including those in the business sector, must provide the Directorate-General for Heritage with the

elements necessary for the elaboration and updating of the general inventory of real estate

of the State.

4. The entities of the business sector referred to in paragraph 3 shall also proceed,

periodically, to the reassessment of the immobilized asset, own or the public domain

affection for its activity, with the aim of obtaining a more correct correspondence

between their fair value and their net book value.

Article 23.

Competencies

1. Compete to the Directorate General for Heritage to draw up and keep up to date, annually,

with reference to December 31, the general inventory of the real estate of the State,

including those of the public institutes.

2. The drafting and updating of the general inventory of real estate of the State, including

those of the public institutes, may be carried out by the entity selected by the

Directorate-General for Heritage, under the law.

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Article 24.

State General Account

The inventoration of immovable property referred to in the previous articles serves as the basis of the elaboration

of the balance sheets that integrate the maps regarding the patrimonial situation and which must, in the

terms of the law, follow up with the State General Account.

Article 25.

Program of Inventory

1. The inventoriing program establishes, in a timeframe, the intended work

the elaboration and updating of the inventories of real estate of the State, including those of

public institutes.

2. The inventoryprogramme aims to:

a) Contribute to the full implementation of the official public accounting plan

(POCP) or the applicable sectoral accounting plan;

b) Ensuring a real estate management model on the basis of appropriate technologies

of information and to allow for the compatibilization, reciprocal information and

update among the databases relating to heritage resources

public.

3. The programme of inventorisation referred to in the preceding paragraphs has multiannual character and is

approved by resolution of the Council of Ministers.

4. Compete to the Minister of Finance to ensure the implementation of the inventoried programme,

in articulation with the accounting standards committee.

Article 26.

Financial responsibility

The non-compliance with the duties of organizing and updating the inventory provided for in the

present decree-law, on the part of the holders of the organs and their officials, agents and

workers, constitutes aggravating circumstance of financial responsibility.

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Article 27.

Supplementary legislation

The Government must submit, by June 30, 2007, the necessary legislative initiatives

to the definition of the categories of goods belonging to the public domain of the State, the regions

autonomous and local authorities and the rules that are especially applicable to them.

Article 28.

Start of term

This decree-law shall come into force within 30 days after the date of its publication.

Seen and approved in Council of Ministers,

The Prime Minister

The Minister of State and Finance