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1 PROPOSAL of Act No. 103/X explanatory statement the importance of the public real estate assets justify the definition of a general regime and common public areas of the State, the autonomous regions and local authorities, ensuring your integrity properly and your profitability. Currently, such general and common regime does not result directly from the law, being fundamentally and/or any mediate sources of law, becoming therefore urgent eventually turn positive this area of undeniable importance to protect and monetize the equity resources of the country. The legal regime of public property management is has long been fragmented and dispersed, which makes your interpretation and application and requires thorough revision, which, in relation to the public domain, is authorized by this Act. Thus, the aim is to systematize the legal framework of the management of public property, which covers the two major plans of the private domain and in the public domain, and, in this, it is essential to create the basic rules that are subject to public goods. The General provisions and regulatory common real estate management of public areas of public legal persons territorial basis shall cover, at least, under this law, the acquisition and termination of the status of the dominialidade, the General principles of inalienability, imprescriptibility and unseizability, the use of buildings for Administration, through domain reserve, mutations and compromise of public use , the enjoyment of the same individuals, through common usage and common usage and private uses, the transfer to the latter, through the granting of exploitation by predetermined period and upon the payment of fees, the powers of management and operation of buildings, as well as the preparation, the Organization and the periodic update of the inventory of real property by the entities that manage. Must be heard the Government organs of the autonomous regions, the 2 National Association of Portuguese municipalities and the National Association of Parishes.
So: under d) of paragraph 1 of article 197, paragraph of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 subject-matter Is the Government allowed to establish the juridical regime of real estate of the public areas of the State, the autonomous regions and local authorities.
Article 2 purpose and 1 extension-the legislative authorization granted in the previous article includes general provisions and common property management of the public areas of the State, the autonomous regions and local authorities. 2-the legal regime that the Government is authorized to establish under the conditions laid down in the previous article sets: a) the acquisition of the status of dominialidade, through legal classification; b) the allocation of ownership of real estate property in the public domain to the State, the autonomous regions and local authorities and the respective exercise through the powers of use, administration, protection, advocacy and provision; c) assignment, by the holder, of the property to the public utilities under the Nice Classification where the public interest underlying the dominialidade not arising directly and immediately of the nature of the property; d) the termination of the status of the dominialidade through decommissioning of buildings integrated into the public domain; and) the inalienability, unseizability and barred, as general principles; 3 f) the exercise of the duty of auto-tutela by the Administration vis-à-vis individuals adopt abusive behaviors, not standardised or, in General, affecting the public interest to be met by the property and restore the situation on previous state; g) use by the administration of buildings, through domain reserve, for reasons of public interest, subjective and compromise of proprietary directors mutations use, allowing the latter situation the use by legal persons other than public holders of real estate; h) the enjoyment of immovable property by individuals, using ordinary common tended to free, except in cases where the use is divisible and giving special advantage, and the common use of private uses, and conferred by the licence or concession; I) entry for the private use of goods in the public domain, with exclusive powers to fruition during specified periods and upon payment of fees; j) the impossibility of extending the term of the concession of private use, unless contrary stipulation stating the full reasons therefor; l) the need of the grantor of the private use authorize expressly to carry out acts of transmission between living and real guarantee, seizure, attachment or any similar Providence on the law resulting from the granting, under penalty of your invalidity; m) the duty of the dealer replace the goods in the public domain under the situation in which they found themselves at the time of the beginning of the concession and the possibility of the dealer lose the favor of the grantor the assets whose dismantling or separation involves a disproportionate deterioration of the property unoccupied; n) the right of the dealer's private use to compensation in case of extinction of the concession before the period for which it is to be booked; the) transfer to private individuals, through granting of exploitation, for specified period and upon the payment of fees, the powers of management and operation of buildings, in particular the common ordinary authorization and private use; 4 p) the impossibility of extending the term of the lease, unless otherwise duly justified stipulation; q) the preparation, organization and periodic update of inventory of real estate in the public domain by the entities that manage.
Article 3 Duration the authorisation granted by this law lasts for 90 days.
Seen and approved by the Council of Ministers of 12 October 2006.
The Prime Minister, the Minister of Parliamentary Affairs Minister Presidency 5 This Decree-Law establishes, for the first time, the General and common provisions applicable to immovable property of the public areas of the State, the autonomous regions and local authorities. Here, takes on relevance the possibility of the acquisition of the status of the power dominialidade result from legal classification and allocation subsuntiva to public utilities. On the other hand, if the circumstances of the loss of status of dominialidade in order to check for decommissioning of the utilities that the subjection of the property to such a status. The juridical regime of real estate of the public areas of the State, the autonomous regions and local authorities is still clipped the principles of inalienability, imprescriptibility and unseizability and the possibility of the goods in question are used, the Administration, through reservations and public concessions and changes of use, and by individuals, in particular by means of operating grants. This Decree-Law also the principles which should regulate domain and management that are common to the administrative activity. For your part, complete inventory of real estate of the public areas of the State, the autonomous regions and local authorities is a pressing need for the sound management of public property, which is why, finally, establishing an inventory program scheduled the work necessary for the development and updating of the inventory, whose non-compliance liable to aggravated financial responsibility. In summary, the systemization now introduced disciplinary properly, allows a more efficient use of public resources, providing rationality and equity operations profitability and, consequently, greater effectiveness and financial rigor.
So: the use of legislative authorization granted by article no ... of Law No .../..., ..., and in accordance with point (b)) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: chapter I General provisions article 1 6 Under this Decree-Law establishes the General and common provisions on the management of real estate of the public areas of the State autonomous regions and local authorities, as well as the duties of information for inventory purposes.
Article 2 General principles the entities covered by this Ordinance must observe the General principles of administrative activity, in particular the principles of legality, the pursuit of the public interest in respect for the rights and legally protected interests of individuals, equality, proportionality, justice, impartiality and good faith.
Article 3 Classification the buildings of the public domain are classified by the Constitution or by law, individually or by identifying by types.
Article 4 Ownership the ownership of real estate in the public domain is owned by the State, the autonomous regions and local authorities, and covers use powers, administration, guardianship, protection and disposition in accordance with this Ordinance and other applicable legislation. 7 article 5 Assignment
1. Whenever the public interest underlying the Statute of dominialidade of a property not arising directly and immediately of your nature, it is for the proprietor affect him at public utilities under the Nice Classification. 2. The effectiveness of the allocation referred to in the preceding paragraph is dependent on the actual verification of the utilities that justified the subjection of the well to the status of dominialidade. 3. When the buildings of the public domain are likely to provide several utilities, these are determined and ordered by administrative act or contract according to your nature and public interests co-envolvidos.
Article 6 Discharged when they are desafectados of utilities for the entry of the dominialidade, the real estate fail to integrate public domain, joining in the private domain of the State, the autonomous regions or local authorities.
Article 7 Inalienability buildings of the public domain are outside the legal trade and may not be subject to private rights, or transmission by private law instruments.
Article 8 West or the properties of the public domain are not likely to purchase by adverse possession. 8 article 9 Unseizability the buildings of the public domain are absolutely exempt from attachment.
Article 10 Autotutela the Administration has an obligation to order individuals to cease abusive behaviors are adopted, no standardised or, in General, affecting the public interest to be met by the property and restore the situation in the previous state and must enforce the decision your compulsorily, pursuant to the administrative procedure Code and the special laws applicable.
Article 11 public Reservations 1. The holder of the property of the public domain in common use can book for you the private use of all or part of the same when warranted by public interest grounds, namely the purpose of study, research or exploration, during a specified period. 2. The length of the buffer is limited to the time necessary to fulfil the purposes for which it was constituted. 3. The reservation takes precedence over any right of use of the property prior to your Constitution.
Article 12 Concessions for use 1. The properties of the public domain may be transferred under precarious 9 for use by other public bodies. 2. The cases referred to in the preceding paragraph shall apply, mutatis mutandis, the conditions of the assignment under precarious and, in particular, the entities that administer the real estate: the real estate Formalised) via the auto lending and acceptance; b) monitor compliance with the order justifying the transfer; c) Determine the return of real estate to the transferor.
Article 13 public subjective Changes the ownership of real estate in the public domain can be transferred, by law, act or administrative contract for the ownership of another legal person, for the purpose of territorial public buildings be allocated for integrated purposes in their tasks, under the conditions laid down in the code of Expropriations.
Article 14 common ordinary Usage 1. The goods in the public domain can be fruídos by all conditions of access and use arbitrary or discriminatory, not unless your nature's work the other way around. 2. The common ordinary usage of the public domain is free, unless otherwise provided for in cases where use is divisible and giving special advantage.
Article 15 common use extraordinary 1. The common use extraordinary public domain properties may be subject to authorisation and the payment of fees. 10 2. The authorization referred to in paragraph 1 shall, in particular, ensure compatibility and hierarchy of multiple possible uses, the satisfaction of the need for good conservation and prevention of production or expansion of dangers arising from your more intense exploitation.
Article 16 evidence of private use individuals can acquire rights to private use of the public domain per license or lease.
Article 17 granting of private use 1. Through Act or administrative contract, can be conferred to individuals, during a given period of time, exclusive powers of enjoyment of goods in the public domain, through the payment of fees. 2. The term of the lease, unless otherwise duly substantiated stipulation cannot be extended. 3. The right resulting from the grant may be the subject of acts of transmission between living and real guarantee as long as preceded by express permission of the grantor, seizure, attachment or any other similar Providence. 4. The violation of the provisions of the preceding paragraph shall determine the invalidity of acts there.
Article 18 1 Extinction. The extinction of the concession before the period for not imputable to the dealer gives you the right to compensation for losses and damage corresponding to the expenditure not yet depreciated and which represent investments in inseparable of buildings occupied, or in goods whose 11 disassembly and separation of the occupied buildings involves a disproportionate deterioration. 2. The extinction of the concession for the period does not confer to the concessionaire the right to any compensation. 3. The lease, the property occupied should be replaced in the position it was at the date of the beginning of the concession, with disassembly or removal of goods, or your loss in favour of the grantor if dismantling or separation involves a disproportionate deterioration of the property occupied.
Article 19 1 operating Grant. Through Act or administrative contract, can be transferred to private individuals, for a specified period of time and upon the payment of fees, powers of management and exploitation of the public domain, namely the common ordinary usage authorization and private use. 2. The award grants to the concessionaire the authority to confer the third parties private use of the public domain should include the main clauses that stipulate the terms of such use. 3. The duration of the lease except stipulation to the contrary stating the full reasons therefor, may not be extended.
Article 20 Property Management Program 1. The program management of the real estate assets of the State, approved by resolution of the Council of Ministers, on a proposal of the Minister of finance, sets out the procedures and objectives coordination measures in the administration of immovable property belonging to the public domain and the private domain of the State, taking into account the guidance of the economic and financial policy. 2. The Property Management Program of the State is, and have 12 multi-year duration of four years. 3. The measures that integrate the program management of the real estate assets of the State are set out in the report of the proposed State budget. 4. the Minister of finance must ensure compliance with the procedures and measures contained in the Management Program of the real estate assets of the State. 5. The Minister of finance may require the services of the State and public institutes detailed information and justification on the preparation and implementation of the procedures and measures of the programme for the management of real estate assets in the State. 6. Failure to comply with the provisions of the real estate heritage management program in the State, as well as the duty to provide information referred to in the preceding paragraph, is communicated to the Court of Auditors and constitutes an aggravating circumstance of financial responsibility. 7. The competent organs of the autonomous regions and local authorities must also approve multiannual programmes that establish the procedures and measures to achieve coordination in the administration of the members of the respective real estate public domains. 8. approval of the real estate heritage management program the State is without prejudice to the adoption and implementation of sectoral programmes of asset management relating to the reclassification of military infrastructure.
Article 21 Under objective 1 inventory. The inventory is intended to ensure the knowledge of nature, of the use and value of real estate. 2. The inventory of real property is in the register of data concerning: a) the identification, classification, evaluation and allocation thereof; (b)) the identification and description of real rights on real estate. 3. The organization and structure of the General inventory of real estate in the public domain are defined by order of the Minister of finance. 4. the inventory of military real estate is subject to its own rules, in accordance with the fix in own diploma. 13 article 22 subjective scope of the inventory
1. For the purposes of this Ordinance, the inventory covers the real estate of the public areas of the State, the autonomous regions and local authorities; 2. The entities that administer the real estate of the public areas of the State, the autonomous regions and local authorities, including the business sector, shall ensure the Organization and the respective update periodic inventories. 3. All entities that administer the public domain property of the State, including the business sector, shall provide the Directorate-General of heritage the elements necessary for the development and updating of the General inventory of real estate in the State. 4. The business sector entities referred to in paragraph 3 shall also proceed, periodically, the revaluation of fixed assets, own or public affection to your activity, with the aim of achieving a better match between the fair value and your your net worth.
Article 23 1 Skills. The task of the Directorate-General of heritage to develop and keep updated, annually, with reference to 31 December, the General inventory of real estate of the State, including those of public institutions. 2. The preparation and updating of the General inventory of real estate of the State, including those from public institutes, can be carried out by an entity selected by the Directorate-General of heritage, in accordance with the law.
14 article 24 General accounts of the State inventory of real property referred to in the preceding articles serves as a basis for the preparation of balance sheets that integrate the maps relating to assets and liabilities and must, under the law, follow the General Government account.
Article 25 Inventory program 1. The inventory program establishes, so scheduled, intended for the development and updating of the inventory of real property in the State, including those of public institutions. 2. The inventory program aims to: a) contribute to the implementation of the plan in full public accounting officer (POCP) or sectoral accounting plan applicable; b) Ensure a real estate management model based on adequate information technologies and compatibility, mutual information and updating between the databases relating to heritage resources. 3. The inventory program referred to in the preceding paragraphs have multiannual character and is approved by resolution of the Council of Ministers. 4. the Minister of finance to ensure the implementation of the inventory program, in conjunction with the Commission for accounting standards.
Article 26 financial responsibility the breach of duties of organization and updating of the inventory provided for in this decree-law, on the part of the holders of the organs and their employees, agents and employees, shall constitute an aggravating circumstance of financial responsibility. 15 article 27 supplementary Legislation the Government must submit by 30 June 2007, the legislative initiatives necessary for the definition of categories of property belonging to the public domain of the State, the autonomous regions and local authorities and of the rules that are especially applicable.
Article 28 Beginning of this decree-law shall enter into force within 30 days after the date of your publication.
Seen and approved by the Council of Ministers, the Prime Minister and State Minister of finance
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