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The Sixth Amendment To Decree-Law No. 555/99, Of December 16, Which Establishes The Legal Regime Of The Urbanization And Edification

Original Language Title: Procede à sexta alteração ao Decreto-Lei nº 555/99, de 16 de Dezembro, que estabelece o regime jurídico da urbanização e edificação

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PROPOSED LAW NO. 149 /X

Exhibition of Motives

The Decree-Law No. 555/99 of December 16 concerning the legal regime of the

municipal licensing of loosing operations, urbanization works and the

private works, has not been able to introduce simplification, speed and rigour

appropriate to the licensing, evidencing various difficulties originating in the

disappropriate administrative control, sometimes redundant, in the lack of coordination

between the intervening entities and in the total absence of recourse to the technologies of the

information today vulgarized. Thus, decorated five years since alteration

introduced to the legal regime of edification and urbanization, operated by the Decree-Law

n (177/2001) of June 4, urge to introduce amendments aimed at the elimination of

unwarranted barriers to the citizen and the streamlining of procedures, changes that if

infact in the wider context of the Administrative Simplification Program and

Legislative ' Simplex'.

With a view to overcoming these obstacles and in the fulfillment of the Government Programme

are proposed profound changes to this regime that are characterized by a new

delimitation of the scope of the various procedures for prior control,

where the extinction of the permit is included, adapted to the level of existing planning,

the impact of the urbanistic intervention and the responsibility of each player, donde

results in a significant decrease in prior control, its limitation to what is

appropriate and necessary and the devolution to individuals of freedom and initiative in the

realization of small works in the interior of buildings, all counterbalanced by the

reinforcement of municipal oversight and accountability of actors.

Thus, it is proposed exemption of forms of prior control of the works of amendment of

unclassified buildings or in sorting routes, or their fractions, which do not

imply modifications of the cérceas, the shape of the facades, the roofs and the structure

of stability, putting current end to the need for prior communication; the magnification

of the scope of the prior communication which is to integrate the works of urbanization,

construction, alteration or extension and the work of remodeling of land in

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areas covered by lotement operation or detail plan, as well as in the

interventions in consolidated areas and with a view to urban recovery, and redefinition

and realization of the situations of licensing dispensation or prior communication in the

interventions of scant urbanistic relevance.

The vocalized urbanistic interventions for the requalification and recovery of zones

consolidated urban areas are benefited from the subjection to the prior communication regime

and licensing exemption.

The possibility for private individuals was held to make use of the prior information, however,

their effects have been extended, which will, in certain circumstances, allow to access

to mere prior communication.

It also deserves to highlight the exemption of licensing or prior communication from the

urban planning operations relating to business and similar parks, namely

areas of business location, industrial and logistics areas, when promoted

by the Public Administration.

These changes do not correspond to the resignation of the public administration of control and

monitoring of the compliance of urban planning interventions, before on the contrary

inspective skills remain unchanged, safeguarding the possibility

intervention for control of the legality of the municipality at any time. On the other

side, frees the public administration for the exercise of these tasks at the expense of

other merely bureaucrats who have not demonstrated to ensure legality and

observance of the rules of edification. As a counterpart to these changes, it strengthens the

accountability of promoters, underwriters of the projects and those responsible

technicians by the direction of the works, through the change of the minimum value of the against

ordering applicable to false statements and temporal broadening of sanctions

ancillary, keeping up with the already existing criminal typification.

Also at the level of the loadings regime, emparcelings and repairs was

carried out a clearance of the operations that are in fact to be submitted to their

regime. Thus, it has removed itself from its scope the mere emparcelings and made up to depend

the subjection of the repairs to the licensure of the will of the holders, whenever the

plots that of it result are not intended immediately for urbanization or

edification. Too, it has sanctioned the procedure useless acts as the submission to

public discussion in the situations in which the municipality is bound by the concrete causes

of improper.

Another fundamental change respects the redefinition of the relationship with entities

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external to municipalities, creating a system based on the coordination and use of

technologies of information. In the current system, consultations to the entities that should be

pronounce on urban planning operations on the grounds of location, suitability or

compliance with territorial management instruments are carried out in an individual way

and sectorialised with clear loss of the speed, simplification and uniformity of

understandings. So these consultations become carried out through a single

coordinating entity, to which it issues a global and binding decision of the Administration

Central.

At another level, the consultations for approval or certification of the projects of

specialities will also be assented in electronic structures, which will, however, be

dispensed, in certain situations, by the assumption of conformity by the

responsible technical for the same. This accountability will, still, extend to the phase of the

execution, putting an end to the realization of surveys by these external entities.

Another fundamental change relates to the creation of an authorization system

of common use for all urbanistic and autonomous interventions of the

prior control procedures. This system is based on the assumption by the technician

responsible for the compliance of the edited with the projects approved or presented,

reserving the survey for use of the edified to exceptional situations, creating-

if, at the same time, a clear and effective regime for the realization of it, when

take place. Also here there is no risk of a lack of control or surveillance

by the municipality, as the survey will take place when there are indications of

discompliance, by continuing the municipality to be able to exercise its competence of

supervision at any time, particularly prior to the completion of the edited.

These changes will have considerable reflections on other graduates, by virtue of their

articulation with the special procedures, particularly touristic and industrial and

whose revisions are also under way.

With a view to the tutelage of private individuals and the enhancement of legal certainty, it is further promoted

the amendment of the scheme of the invalid licensing acts, setting a deadline

maximum for the promotion of the five-year declaration of nullity.

In the field of procedure, the widespread resource is established to the technologies of the

information, with the necessary dematerialization of the administrative procedure since

the reception to the subsequent treatment, as well as internal and external monitoring

of the procedures through the figure of the procedure manager who, among others

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privileged functions in relation to each procedure, will be incarcerated to check the

compliance with deadlines, identify the obstacles to the normal unwinding of each

procedure and provide information to those concerned, without prejudice to the access online from the

applicant to the specific information on the development of its procedure and

general information about the same.

Finally, at the level of the procedural instruction, you walk to the officious instruction of the

procedures in relation to all the documentary elements that are available to the

public administration; matter that will be the subject of development in diplomas

own.

The self-governing bodies of the Autonomous Regions and the Association were heard

National of Portuguese Municipalities.

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 proposed law:

Article 1.

Amendment to Decree-Law No 555/99 of December 16

Articles 2 to 18, 20 to 25, 35, 35 to 37, 42, 47 to 90, 93 to 93, 93, 93, 93

97 to 99, 102, 105, 106, 109, 115 to 117, 119 to 123, 127. 127, 127, 127.

and 130. of the Decree-Law No. 555/99 of December 16, they go on to have the following

wording:

" Article 2.

[...]

For the purposes of this diploma, it is understood to be:

a) [...];

b) [...];

c) Reconstruction works without preservation of the facades: the works of

construction subsequent to the full or partial demolition of an edification

existing, of which results the reconstitution of the structure of the facades, of the

cércea and the number of floors;

5

d) [...];

e) [...];

f) [...];

g) [...];

h) [...];

i) Lotting operations: the actions that have as an object or by effect to

constitution of one or more batches intended, immediate or

subsequently, to urban edification, and that results from the division of one or

several buildings, or of their reparation;

j) Urban planning operations: the material operations of urbanization, of

edification, use of buildings or soil, provided that in the latter case,

for non-exclusively agricultural, animal husbandry, forestry, miners or

public water supply;

l) [...];

m) Works of scant urbanistic relevance: the works of edification or

demolition that, by its nature, size or location have scarce

urbanistic impact.

n) Reconstruction works with preservation of the facades: the works of

construction subsequent to the demolition of part of an existing edifice,

preserving the main facades with all its elements no

dissonants and of which does not result in uplift with cércea superior to that of the

higher confining edifices.

o) Consolidated urban area: area characterized by a density of

occupation that allows to identify an already defined urban fabric or urban structure,

where there are the essential infrastructure and where they are defined

the alignments of the marginal plans by buildings in continuity.

Article 3.

[...]

1-In the exercise of its own regulatory power, municipalities approve

municipal regulations of urbanization and or of building, as well as regulations

concerning the launch and settlement of the fees and the provision of surety that, in the terms

of the law, be due to the realization of urban planning operations.

6

2-The regulations provided for in the preceding paragraph shall be aimed at

concretization and implementation of this degree, and may not contradde it

willing, and shall set the amounts of fees to be charged in the cases of admission of

prior communication and tacit deferrals, and may not these values exceed the

provided for the licensing or express act.

3-The drafts of the regulations referred to in paragraph 1 are submitted to the discussion

public, by no less than 30 days, prior to their approval by the organs

municipal.

4-[...].

Article 4.

License

1-A realization of urban planning operations depends on prior leave, on the terms and

with the exceptions set out in this section.

2-[...]:

a) The loteing operations;

b) The urbanization works and the remodeling works of land in area

not covered by lotement operation;

c) The construction, alteration and extension works in area not covered by

lotion operation;

d) The works of reconstruction, magnification, alteration, conservation or demolition

of classified real estate, or in classification pathways, and the works of

construction, reconstruction, enlargement, alteration, conservation or demolition

of real estate located in classified real estate protection areas, well

how of the real estate integrated into sets or classified sites, or in

areas subject to administrative servitude or restriction of public utility;

e) The works of reconstruction without preservation of the facades;

f) The demolition works of the edifices that are not foreseen in

license of reconstruction works;

g) The remaining urbanistic operations that are not exempt from licence, us

terms of this diploma.

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3-A subjecting the licensing of the acts of repairing the property of which

result plots not intended immediately the urbanization or building depends

of the will of the owners.

Article 5.

[...]

1-[...].

2-[ Revoked ].

3-A The approval of the prior information regulated in this diploma is from the

competence of the municipal chamber, and may be delegated to its chairman, with

faculty of subdelegation in the aldermen.

4-[ Revoked ].

Article 6.

Exemption of leave

1-Without prejudice to the provisions of the paragraph d) of Article 4 (2), are exempt from

license:

a) The conservation works;

b) The alterations in the interior of buildings or their fractions, apart

of the rated real estate or in classification pathways, which do not imply

modifications to the stability structure, the cércees, the shape of the

facades and the shape of the roofs;

c) The reconstruction works with preservation of the facades;

d) The urbanization works and the remodeling works of land in area

covered by lotement operation;

e) The construction, alteration or extension works in area covered

by loteing operation or detail plan containing the

elements referred to in points c ), d) and f) of Article 91 (1) of the Decree-

Law No. 380/99 of September 22;

f) The construction, alteration or extension works in urban area

consolidated , that respect the municipal plans and of which do not result

uplift with cercea higher than the most frequent height of the facades of the

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edited front on the side of the washer where it integrates the new edification,

on the street trolle between the two closest transversals,

for one and the other side;

g) The erection of swimming pools associated with main edification;

h) The changes to the use of the buildings, as well as the lease for purposes

non-housing of unlicensed buildings or fractions, under the terms of the n.

4 of Article 5 of the Decree-Law No 160/2006 of August 8.

i) The works identified in Article 6-A;

j) The highlights referred to in the n. paragraphs 4 and 5.

2-[ Revoked ].

3-Without prejudice to the provisions of Article 37 and in the special procedures that require

external consultation, the works referred to in points c) a h) of paragraph 1 shall be subject to the

prior communication regime.

4-The acts that have the effect of the highlight of a single plot of building with

predial description that is situated in urban perimeter are exempt from licence, since

that the two plots resulting from the highlight confront with public hoodlums.

5- In the areas outside the urban perimeters, the acts to which the number is referred

previous are exempt from leave when, cumulatively, if show complied with the

following conditions:

a) [...];

b) [...].

6-In cases referred to in paragraphs 4 and 5, it is not permitted to carry out, in the area

corresponding to the originating building, new highlight in the terms referred to therein by a

deadline of 10 years counted from the date of the previous highlight.

7-The conditioning of construction as well as the burden of non-fractionation,

provided for in paragraphs 4 and 5 shall be entered in the predial register on the plots

resulting from the highlight, without what cannot be licensed any work of

construction in these plots.

8-[...].

9-A certificate issued by the municipal chamber, proving the verification of the

requirements of the highlight, constitutes document quite a lot for the purpose of predial registration

of the highlighted plot.

10-The acts that have the effect of the plot highlight with a predial description that if

situe in urban perimeter and outside of this must observe the provisions of the n. paragraphs 4 and 5.

9

Article 7.

[...]

1-Are also exempt from licence:

a) [...];

b) [...];

c) The works of edification or demolition promoted by public institutes

who have for specific assignments the safeguarding of cultural heritage

or the promotion and management of the state housing stock and which are

directly related to the pursuit of these assignments;

d) [...];

e) The works of edification or demolition and the works promoted by

entities dealerships or public services, when if

reconduct the pursuit of the object of the concession;

f) The urbanistic operations promoted by public companies relatively

to business and similar parks, particularly areas of location

business, industrial and logistics areas.

2-[...].

3-The loosing operations and the urbanization works promoted by the

local authorities and their associations in area not covered by municipal plan of

spatial planning must be authorized in advance by the assembly

municipal, after submitted to the non-binding prior opinion of the Commission of

Coordination and Regional Development (CCDR), to which it is to pronounce on the

period of 20 days from the receipt of the respective application.

4-The loosing operations and urbanization works promoted by the State

must be previously authorized by the minister of guardian and the minister

responsible for the planning of the territory, after hearing the city hall, the

which one is to pronounce within 20 days of receipt of the respective application.

5-[...].

6-A The realization of the urban planning operations provided for in this article shall observe the

legal and regulatory standards that are applicable to them, specifically the

constants of instrument of territorial management, of the legal regime of protection of the

cultural heritage, from the legal regime applicable to the management of construction waste and

10

demolition, and the technical standards of construction.

7-[...].

Article 8.

[...]

1-Prior control of urban planning operations obeys the forms of procedure

provided for in this section, and the special conditions of

licensing provided for in Section III of this Chapter.

2-Without prejudice to the powers of the procedure manager, the direction of the

instruction of the procedure competes with the mayor of the city hall, and may be

delegated to the councillors, with faculty of subdelegation in the service leaders

municipal.

3-Each procedure is accompanied by procedure manager, to whom it competes

ensure the normal development of the procedural springboard, accompanying,

notably, the instruction, fulfilment of deadlines, the provision of information and

the clarifications to those interested.

4-The receipt of the application submission for licensing, prior information

or prior communication contains the identification of the procedure manager, as well as

the indication of the place, the time and the way in which you can be contacted.

5-In case of replacement of the procedure manager, it is notified to the person concerned

identity of the new manager, as well as the elements referred to in the preceding paragraph.

Article 9.

[...]

1-Unless otherwise provided, the procedures provided for in this diploma

initiate through application or communication presented with recourse to

electronic means and through the system provided for in the previous article, addressed to the

chair of the city hall, of which they must record the identification of the

applicant or communicant, including the domicile or registered office, as well as the indication of the

quality of holder of any right that confers you the faculty of carrying out the

urbanistic operation.

2-Of the application or communication also appears as an indication of the application or

11

object in clear and precise terms, identifying the type of urbanistic operation a

carry out by reference to the provisions of Article 2, as well as the respective location.

3-When it respects to more than one of the types of urban planning operations referred to in the

article 2 directly related, all operations must be identified

covered, applying in this case the form of procedure corresponding to each

type of operation, without prejudice to the tramway and joint appreciation.

4-The application or communication is accompanied by the planned instructory elements

in portaria approved by the members of the Government responsible for public works and

by planning of the territory, in addition to the specially referred documents

in the present diploma.

5-[ Revoked ].

6-With the submission of application or communication by electronic means is

issued receipt delivered by electronic means.

7-In the initial application may the person concerned request the indication of the entities

that, under the law, they should issue opinion, authorization or approval relatively

to the application submitted, by sendoating such notified within 15 days, save for rejection

Preliminary injunction of the application under the provisions of Article 11 para.

8-The manager of the procedure records in the proceedings the subsequent joining of any

new documents and the date of the consultations to entities outside the municipality and the

receipt of the respective responses, where appropriate, as well as the date and content

decisions of the municipal bodies.

9-A the replacement of the applicant or communicant, of the person responsible for any of the

projects submitted to or from the technical director of the work must be communicated to the manager

of the procedure for the latter to proceed to the respective aversion in the period 15

days from the date of the replacement.

Article 10.

[...]

1-The application or communication is always instructed with statement by the authors

of the projects, from which it is observed that they have been observed in the elaboration of the same

applicable legal and regulatory standards, specifically the technical standards of

construction in force, and of the coordinator of the projects, which attests to the compatibility

between the same.

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2-Of the statements mentioned in the preceding paragraph shall, as yet, appear

reference to the compliance of the project with the municipal planning plans

territory applicable to the claim, as well as with the loteeing licence, when

exists.

3-Without prejudice to the provisions of the following number and in special legislation, they may only

subscribe to projects the legally enabled technicians who find themselves enrolled

in public association of a professional nature and to make proof of the validity of your

enrolment when submitting the initial application.

4-Technicians whose activity is not covered by public association may

subscribe to the projects for which they possess appropriate habilitation, under the terms of the

provisions of the professional qualification regime required of the responsible technicians

by the drafting and underwriting of projects or in special legislation concerning

legally recognized public body.

5-The authors and coordinator of the projects must declare, in particular in the

situations provided for in Article 60, which technical or regulatory standards in

vigour that have not been observed in the elaboration of the same, substantiating the

reasons for their non-observance.

6-Whenever irregularities are found in the terms of liability, in the

which respects the applicable legal and regulatory standards and compliance of the

project with the municipal plans for land use planning or leave of

lotement, when there is, should the same be communicated to the public association

of a professional nature where the technician is registered or the public body

legally recognized in the case of technicians whose activity is not covered by

public association.

Article 11.

[...]

1-Compete to the mayor of the city hall, for his initiative or by appointment

of the procedure manager, decide the issues of formal and procedural order which

may preclude the knowledge of any application or communication presented in the

scope of this diploma.

2-The chairman of the city hall proffers dispatch dispatch of the

application, within eight days of the respective submission, whenever the

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application or communication do not contain the identification of the applicant or

communicant, of the application or location of the urban planning operation to be carried out, well

as in the case of lacking the required instructional document that is indispensable to the

knowledge of the claim and the lack of which cannot be made officiously suppressed.

3-In the hypothesis provided for in the preceding paragraph, the applicant or communicant is

notified to, within 15 days, correct or complete the application by staying

suspended the ulterior terms of the procedure, under penalty of liminal rejection.

4-Within 10 days of the submission of the application or communication, the

chairman of the city hall may also provide dispatch of rejection

liminality, officiously or by appointment of the procedure manager, when of the

analysis of the instructing elements results that the request is manifestly contrary

to applicable legal or regulatory standards.

5-Non-occurring liminal rejection, or invitation to correct or complete the application or

communication, within the time specified in paragraphs 2 and 4, it is presumed that the application or

communication if they are correctly instructed.

6-Without prejudice to the provisions of the preceding paragraphs, the manager of the procedure shall

make it known to the mayor of the city hall, until the final decision, any

issue that prejudges the normal development of the procedure or prevents the

decision making on the subject matter of the application, namely the illegitimacy of the

applicant and the expiry of the right to be exercised.

7-Unless with respect to the consultations referred to in Article 13, if the final decision

depend on the decision of an issue that is the competence of another body

administrative or the courts, must the mayor of the city hall suspend the

procedure until the organ or the competent court has pronounced, notifying the

applicant of that act, without prejudice to the provisions of Article 31 (2) of the Code of the

Administrative Procedure.

8-Without prejudice to the provisions of the preceding paragraph, the person concerned may apply for

continuation of the procedure in alternative to suspension, by staying the final decision

conditioned, in its implementation, to the decision that comes to be delivered by the organ

administrative or competent court.

9-Havendo rejection of the application or communication, pursuant to this Article, the

interested that present new order or communication for the same end is

dispensed from putting together the previously used documents that remain

valid and suitable.

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10-The mayor can delegate to the councillors, with faculty

of subdelegation or in the leaders of municipal services, the skills referred to

in paragraphs 1 a to 4 and the following number.

11-When it occurs that the urbanistic operation to which it respects the application or

communication does not integrate into the type of procedure indicated, the applicant or

communicant is notified, within 15 days of the submission of that

application, for the following effects:

a) In the event that the indicated procedure is simpler than the applicable one,

to, in 30 days, declare if it intends for the procedure to proceed in the

legally intended form, and should, if so, and in the same time frame,

join the elements that are in short supply, under penalty of dismissing the

request;

b) In the event that the indicated procedure is more demanding than the applicable one,

take notice of the officious conversion of the procedure to the form

legally provided for;

c) In the event that the urban planning in question is waived on leave or

prior communication, take notice of the extinction of the procedure.

Article 12.

[...]

The application for licensing or prior planning communication of urban planning, must

be advertised in the form of notice, according to the model approved by the portaria of the

member of the Government responsible for spatial planning, to be placed at the site of

execution of the operation in a visible manner from the public route, within 10 days of the

presentation of the initial application or communication.

Article 13.

Consultation with external entities

1-A consultation with entities which, under the law, should issue opinion, authorization

or approval on the application is promoted by the procedure manager and is carried out

simultaneous, through the informatics system provided for in Article 8.º-A.

15

2-In the cases provided for in the following article, the manager of the procedure communicates the

request, with the identification of the entities to be consulted, to the CCDR.

3-The external entities to the municipality pronounced exclusively in the framework

of your assignments and competences.

4-Consulted entities must pronounce no later than 20 days from the date

of making available the process.

5-There is considered to be concordance from those entities with the pretension formulated

if the respective opinions, authorisations or approvals are not received within

of the time limit set in the preceding paragraph.

6-The opinions of the entities outside the municipality only have binding character

when such a result of the law, as long as it is founded on legal conditionings or

regulatory and are received within the time frame.

7-Are fixed in own diploma the projects of specialty engineering and the

technical certifications that lack consultation, approval or opinion, internal or

external, as well as the terms in which they take place.

Article 14.

[...]

1-Any interested may ask the city hall, in advance, for information

on the feasibility of carrying out certain urbanistic or joint operation of

directly related urbanistic operations, as well as on the respective

legal or regulatory constraints, particularly relating to below-

structures, administrative servitude, and public utility constraints, indexes

urbanistic, cércees, departments and too much conditioners applicable to the pretension.

2-When the application respects the operation of lotement, in area not covered by

plan of detail, or the construction, extension or alteration work in area no

covered by detail plan or loteeing operation, the person concerned may

require the prior information to specifically take into account the following aspects,

as a function of the intended information and the elements presented:

a) The volumetric, alignment, cércea, and implantation of the edification and the walls

of gasket;

b) [...];

c) [...];

16

d) [...];

e) [...];

f) Ceding areas aimed at the implantation of green spaces,

equipment for collective use and road infrastructure.

3-[...].

4-[...].

Article 15.

[...]

In the context of the prior information procedure there is room for external consultations in the

terms of Articles 13, 13-A and 13-B, to entities whose opinions, authorizations or

approvals conditional, in the terms of the law, the information to be provided, where such

consultation should be promoted in an eventual application for licensing or presentation

of prior communication.

Article 16.

Decision

1-A The municipal chamber decides on the request for prior information within 20

days or, in the case provided for in Article 14 (2), within 30 days counted from:

a) From the date of receipt of the application or the elements requested pursuant to the

n Article 11 (3); or

b) [...];

c) [...].

2-[...].

3-A city hall indicates always, in the favourable information, the procedure of

prior control to which it is subject to the realization of the urbanistic operation

designed, in accordance with the provisions of Section I of Chapter II of this diploma.

4-[...].

17

Article 17.

[...]

1-A favourable prior information links the competent entities in the decision on

an eventual application for the licensing or submission of prior communication of the

urbanistic operation to which it respects and, when handed down in the terms of the nº.2 of the article

14., shall have the effect of the subjection of the urbanistic operation concerned, to be carried out in the

exact terms that was appreciated, to the regime of prior communication and dispensation to

realisation of new external consultations.

2-The possible application for licensing or submission of prior communication

provided for in the preceding Article shall be carried out within one year after the decision

favourable request for prior information and, in the case of planned in the final part of the n.

1, it is accompanied by statement by the authors and coordinator of the projects that the

urbanistic operation respects the constant limits of the decision of the information.

3-Elapsed the time limit set in the preceding paragraph, the particular may apply to the

speaker of the chamber the statement that they hold the assumptions of fact and of

right that led to the previous favourable decision, and should the same decide on the deadline

of 20 days and running new deadline of one year to make the submission of applications

of licensing or prior communication if the assumptions remain or if

the mayor of the city hall has not responded within the legally foreseen time frame.

4-Do not suspend the licensing procedures or prior communication

required or presented with support in prior information in the areas to be covered

by new urbanistic rules, municipal or special plan constants of

spatial planning or its review, as of the date set for the beginning of the

public discussion and up to the date of the entry into force of that instrument.

Article 18.

[...]

1-[...].

2-[ Revoked ].

Article 19.

[ Revoked ]

18

Article 20.

[...]

1-A appreciation of the design of architecture, in the case of application for licensing

relating to works provided for in points c) , d) , e) , f) and g) of Article 4 (2), focuses

on their compliance with municipal planning plans in the territory,

special plans for spatial planning, preventive measures, area of

priority urban development, priority construction area, servitude

administrative, public utility restrictions and any other legal standards and

regulatory for the exterior aspect and the urban and landscape insertion of the

edifices, as well as on the proposed use.

2-[...].

3-[...]:

a) From the date of receipt of the application or the elements requested pursuant to the

n Article 11 (3); or

b) [...];

c) [...].

4-The person concerned shall present the engineering projects of the specialties

necessary for the implementation of the work within six months of the notification of the act

which approved the draft architecture, if it did not submit such projects

with the initial application.

5-[...].

6-A lack of presentation of the projects of specialty engineering on the deadline

set out in paragraph 4, or in that which result from the extension granted in the terms

of the preceding paragraph, implies the suspension of the licensing process for the period

maximum of 6 months, finishes which is declared to lapse after prior hearing of the

interested.

7-[ Revoked ].

8-The statements of responsibility of the authors of the projects of the engineering of

specialties that are enrolled in public association constitute guarantee

quite a lot of compliance with the legal and regulatory standards applicable to the

projects, excluding their prior assessment, saved when the statements are

formulated in accordance with Article 10 (5).

19

Article 21.

[...]

The appreciation of the loteeing projects, works of urbanization and the work of

remodelling of land by the municipal chamber focuses on its compliance with

municipal land-use planning plans, special planning plans

territory, preventive measures, priority urban development area, area of

priority construction, administrative servitude, public utility constraints and

any other applicable legal and regulatory standards, as well as on the use and

urban and landscaping integration.

Article 22.

Public consultation

The municipalities may determine, by means of municipal regulation, the preview

subject to public discussion of the licensing of loteing operations with

significant urbanistic relevance.

Article 23.

[...]

1-[...]:

a) [...];

b) [...];

c) Within 45 days, in the case of works provided for in points (c) and (d), and (f), (f) and

(g) of Article 4 (2);

d) [ Revoked ].

2-[ Revoked ].

3-The time limits provided for in points a) and b) of paragraph 1 count as of:

a) From the date of receipt of the application or the elements requested pursuant to the

n Article 11 (3);

b) [...];

c) [...].

20

4-[...]:

a) From the date of the presentation of the projects of specialty engineering or

of the date of the approval of the draft architecture, if the person concerned has

presented together with the initial application; or

b) When there is the consultation of external entities, as of the date of the

receipt of the last of the opinions, authorizations or approvals; or still

c) [...].

5-[...].

6-In the case of the works provided for in points c), d) and e) of Article 4 (2), the chamber

municipal may, the application of the person concerned, approve a partial permit for

construction of the structure, immediately after the delivery of all the projects of the

specialty engineering and provided that the approved project is approved

architecture and provided surety for demolition of the structure to the floor of smaller quota

in case of improper.

7-[...].

Article 24.

[...]

1-[...].

2-When the application for licensing is for the purpose of carrying out the operations

urbanities referred to in points a) a c) , d) , e) and g) of Article 4 (2), the

improper may still take place on the grounds of:

a) The urbanistic operation negatively affects the archaeological heritage,

historical, cultural or landscaped, natural or edited;

b) The urbanistic operation is demonstrably an overload

importable to existing general infrastructure or services or

imply, for the municipality, the construction or maintenance of equipment, the

carrying out work or the provision of services by this unforeseen,

specifically as for wastewater and water supply networks, from

electrical or sanitation energy.

3-[ Revoked ].

4-When the application for licensing is for the purpose of carrying out the works

referred to in points c) and d) of Article 4 (2), may still be undue when the

21

work is likely to clearly affect the access and use of real estate

classified of national interest or public interest, the aesthetics of the stands, the

its proper insertion into the urban environment or the beauty of the landscapes,

in particular as a result of the disconformity with the dominant cércees, the

volumetric of the edifices and other prescriptions expressly provided for in

regulation.

5-The application for the graduation of the works referred to in the c) of Article 4 (2)

must be dismissed in the absence of washer or infrastructure from

water supply and sanitation or if the projected work constitutes,

demonstrably, an unbeatable overload for existing infrastructures.

6-[ Revoked ].

Article 25.

[...]

1-When there is draft decision to dismiss with the fundamentals

referred to in paragraph b) of paragraph 2 and in paragraph 5 of the preceding article, there may be deferrous of the

application provided that the applicant, at the prior hearing, is committed to carry out the

necessary work or to assume the burdens inherent in its implementation, as well as

operating charges for infrastructure for a minimum period of 10

years.

2-[ Revoked ].

3-In the event of a dewound pursuant to paragraph 1, the applicant shall, before the issue

of the alvshall, to conclude with the municipal chamber contract concerning compliance with the

obligations assumed and to provide adequate collateral, benefiting from reduction

proportional or exemption from the fees for realization of urbanistic infrastructure, in the

terms to be fixed in municipal regulation.

4-[...].

5-[...].

6-[...].

22

Article 27.

[...]

1-A The application of the person concerned, the terms and conditions of the person may be changed

license.

2-[ Revoked ].

3-Without prejudice to the provisions of Article 48, the amendment of the operating licence of

lotion cannot be approved if written opposition from most of the

owners of the constant lots of the alvshall, and shall, to the effect, the manager of

procedure to proceed to your notification for pronunciation within 10 days.

4-[...].

5-[...].

6-In the procedure of the amendment are used the documents set out in the

process that will remain valid and appropriate, promoting the city hall,

when necessary, the update of them.

7-A amendment of the licence gives way to addition to the alvshall, which, in the case of operation

of loosing, shall be communicated officiously to the conservatory of the predial register

competent for the purpose of averaging, containing the communication the elements in

that translates to change.

8-The changes to the loteeing permit, with or without variation in the number of lots,

that translates into the variation of the deployment or construction areas by 3%,

as long as they do not imply increase in the number of fires, change of parameters

urbanistics or constant uses of municipal planning of planning

territory, are approved by simple deliberation of the city hall, with dispensation

of any other formalities, without prejudice to the other legal provisions and

applicable regulations.

9-Except for the provisions of paragraphs 3 a to 6 the changes to the conditions of the licence that

to refer to the deadline for completion of the licensed urban planning operations or the

amount of the surety for guarantee of the urbanization works, which are governed by the

articles 53, 54 and 58.

Article 28.

[ Revoked ]

23

Article 29.

[ Revoked ]

Article 30.

[ Revoked ]

Article 31.

[ Revoked ]

Article 33.

[ Revoked ]

Article 35.

[...]

1-A The prior communication is addressed to the mayor of the city hall,

accompanied by the instructory elements set by the porterie referred to in para.

4 of Article 9, of a term of liability pursuant to Art. 10 and of the

specifications as referred to in Article 77 (1), with the effects provided for in its

n. 3.

2-The urban planning operations carried out under prior communication shall

observe the legal and regulatory standards that are applicable to them,

specifically the instrument constants of territorial management and the standards

construction techniques.

Article 36.

Rejection of prior communication

1-Without prejudice to the provisions of Article 11, within 20 days of the delivery

of the communication and too much of the elements referred to in the previous article, the Chairman of

city hall must reject communication when it veris that the work violates the

applicable legal and regulatory standards, specifically the plan constants

municipal land-use planning, or the technical standards of construction in

24

vigour, or violates the existing terms of prior information.

2-The time frame specified in the preceding paragraph is 60 days when consultation is taken place

external entities.

Article 37.

[...]

1-The urban planning operations referred to in Article 4 and 6 whose project, pursuant to the

special applicable legislation, lack of approval from the central administration,

notably those relating to industrial ventures, establishments

commercials, precincts of public performances and amusements and those that take place

in rated real estate or in sorting routes and their respective areas of

protection are also subject to prior licence or communication, pursuant to the

provisions of this diploma.

2-Unless the provisions of special law, the municipal bodies may not approve

prior favorable information, nor to defer requests for leave or communications

previeways concerning urban planning operations provided for in paragraph 1, without the applicant

present document proving the approval of the central administration.

3-The deadlines for the city hall to decide on requests for information

prior, of licence or prior communication to urban planning operations provided for in paragraph 1

count as from the date of delivery by the applicant of the document referred to in the

previous number.

Article 39.

Prior authorization of location

Where the works are located in area that in the terms of plan of urbanization,

details plan or permit or prior loteing communication in force is

expressly affects the proposed use, the prior authorization of

location that, under the law, should be issued by the organs of the

central administration, without prejudice to the remaining permits or approvals required

by law relating to administrative servitude or restrictions of public utility.

25

Article 40.

[R] evogated ]

SECTION III

Special conditions of licensing or prior communication

Article 42.

Opinion of the Commission for Coordination and Regional Development

1-The licensing of loteeing operation that takes place in area not covered

by any municipal planning of land use planning is subject to opinion

favorable advance of the CCDR to which it applies with the necessary adaptations o

provisions of Article 13 (4) and 5.

2-The opinion of the CCDR is intended to evaluate the loteeing operation of the point of

view of the spatial planning and to check its articulation with the instruments

of territorial development provided for in the law.

3-The CCDR's opinion lapses within two years, unless, within that time limit,

it is licensed the operation of lotement, or, once sold out, do not exist

changes in the assumptions of fact and law in which the opinion is founded.

4-[...].

Article 43.

[...]

1-[...].

2-The parameters for the dimensioning of the areas referred to in the preceding paragraph

are those that are defined in municipal planning of spatial planning.

3-[...].

4-[...].

26

Article 44.

[...]

1-The owner and the remaining royal rights holders about the building loom cedem

free of charge to the municipality the plots for deployment of public green spaces

and equipment for collective use and infrastructure which, in accordance with the law and

the prior license or communication, should integrate the municipal domain.

2-For the purposes of the preceding paragraph, the applicant shall mark the areas of

ceding to the municipality in plant to deliver with the application for licensing or

prior communication.

3-Land parcels ceded to the municipality integrate into the municipal domain

with the issuance of the alvshall, or, in the situations provided for in Article 34, through

instrument of its own to be carried out by the municipal chamber's privative notary on the deadline

provided for in Article 36 (1), owing to the municipal chamber to define at the time of

receipt of the parcels allocated to the public and private domains of the municipality.

4-[...].

Article 45.

[...]

1-[...].

2-[...].

3-[...].

4-The plots which, in accordance with paragraph 1, have reverted to the transferor stay

subject to the same purposes to which they are supposed to be affected when they are yielding,

save when dealing with parcel to be allocated to the equipment of collective use,

owing in such a case it is to affect the green space, proceeding still to the averaging

of that fact in the respective alvshall and integration in the admission of prior communication.

5-[...].

6-Havendo real estate built in the reversed installment, the court can order its

demolition, the application of the transferor, pursuant to the terms set out in Articles 37 and

following of Law No. 15/2002 of February 22.

7-[...].

8-[...].

27

9-[...].

Article 47.

[...]

1-The principles to which they should subordinate the administrative contracts of

granting of the municipal domain referred to in the previous article are established

in a diploma of its own, in which the rules to be observed in regard to the term of

effective, content of the right of deprivative use, obligations of the concessionaire and the

municipality in connection with the realization of works, provision of services and maintenance of

infrastructure, guarantees to be provided and modes and terms of the kidnapping and termination.

2-A use of the areas granted in the terms of the previous number and the implementation

of the respective contracts are subject to the supervision of the municipal chamber, in the

terms to be established in the diploma referred to therein.

3-The contracts referred to in the preceding paragraph shall not, under penalty of nullity of the

respective clauses, prohibit the access and use of the space concessionated by part

of the public, without prejudice to the limitations to such access and use that are admitted

in the diploma referred to in paragraph 1.

Article 48.

[...]

1-The conditions of the licence or prior communication of loteeing operation

may be amended on the initiative of the city hall, provided that such an amendment is

show necessary for the implementation of municipal planning of spatial planning, plan

special of spatial planning, area of priority urban development,

priority construction area or critical area of recovery and conversion

urbanistic.

2-[...].

3-A The deliberation referred to in the preceding paragraph shall be preceded by the prior hearing of the

holder of the alvshall or communication and too much interested, who have the deadline of 30

days to speak out on the draft decision.

4-[...].

28

Article 49.

[...]

1-In the headings of snatching or other court documents, as well as in the

instruments relating to acts or legal business of which it results, direct or

indirectly, the constitution of batches pursuant to Article 2 (i), without

prejudice to the provisions of Articles 6 and 7, or the transmission of lots legally

constituted, shall appear the number of the alvshall or of the prior communication, the date of the

its issuance or admission by the city hall, expiry date and the certificate of the

predial record.

2-[...].

3-[...].

4-[...].

Article 50.

Fractionation of rustic buildings

1-When fracking of rustic buildings applies the willing in the Decrees-Laws n. ºs

384/88, of October 25, and 103/90, of March 22.

2-The legal business of which results the fractionation or division of buildings

rustics are communicated by the intervening parties to the municipal chamber of the site of the

situation of the buildings, which promotes the communication of the same to the Institute

Portuguese Geographical.

3-[...].

Article 51.

Registral information

1-The conservative of the predial register refers monthly to the CCDR, up to the day 15 of

each month, copy of the elements relating to loteeing operations and respective

attachments whose records have been required in the previous month.

2-[ Revoked ].

29

Article 52.

[...]

In advertising to the disposal of lots of land, of buildings or autonomous fractions

in them built, under construction or to build, it is mandatory to mention the number

of lotement or prior communication and the date of its issuance or

admission by the municipal chamber, as well as the respective shelf life.

Article 53.

[...]

1-With the deliberation provided for in Article 26 or by means of municipal regulation

in the situations provided for in Article 34, the competent body for the licensing of the

works of urbanization establishes:

a) The conditions to be observed in the execution of the same, where the

compliance with the provisions of the scheme for the management of construction waste and

demolition on them produced, and the deadline for completion;

b) [...];

c) [...].

2-In the situations provided for in Article 34, the term of implementation shall be as fixed by the

interested, and may not, however, exceed the limits set by

municipal regulation.

3-The deadline set out in accordance with paragraph 1 (a) and paragraph 2 may be

extended the reasoned application of the person concerned, for a single time and by

period not more than half of the initial term, when it is not possible to complete the

works within the time frame for the established effect.

4-[ Previous Article No 3 ].

5-The time limit referred to in paragraph 2 may still be extended as a result of amendment

of the license or prior communication admitted.

6-A extension of the term in the terms referred to in the preceding paragraphs does not give way

to the issue of new alvshall not to the presentation and admission of new communication

prior, and should be averaged in the existing alvwill or communication.

30

7-The conditions of the license or prior communication of urbanization works may

be amended on the initiative of the city hall, in the terms and with the fundamentals

set out in Article 48 para.

Article 54.

[...]

1-The applicant or communicant provides collateral designed to ensure the good and regular

execution of the urbanization works.

2-A The surety referred to in the preceding paragraph shall be provided in favour of the city hall,

upon autonomous bank guarantee to the first solicitation, mortgage on goods

real estate owned by the applicant, deposit in cash or insurance-collateral, owing

record of the title itself that the same is subject to updating pursuant to paragraph 4

and holds valid until the final reception of the urbanization works.

3-The amount of the surety is equal to the constant value of the budgets for execution

of the projects of the works to be implemented, eventually corrected by the city hall

with the issue of the licence, to which an amount may be increased, not more than 5%

of that value, intended to remunerate administration charges if it shows

necessary to apply the provisions of Articles 84 and 85.

4-The amount of the surety shall be:

a) [...];

b) Reduced, on the same terms, in compliance with the progress of the

work on the application of the person concerned, which must be decided on the deadline of

15 days.

5-[...].

6-The reinforcement or reduction of the surety, pursuant to paragraph 4, does not give way to the issuance of

new alvshall or the presentation and admission of new communication.

Article 55.

[...]

1-[...].

2-[...].

3-[...].

31

4-When there is place to the celebration of contract of urbanization, it will make mention

in the alvshall or communication.

5-Together with the initial application, communication and at any time of the

procedure up to the approval of the urbanization works, the interested can

present proposal for an urbanization contract.

Article 56.

[...]

1-The person concerned may apply for the execution by stages of the urbanization works,

identifying the works included in each phase, the corresponding budget and the

deadlines within which it is proposed to apply for the respective licence.

2-The application referred to in the preceding paragraph shall be submitted with the application

of loosening licensing, or, when the urbanization works do not integrate

in the operation of lotement, with the application for licensing of them.

3-[...].

4-[...].

5-[...].

6-When it deals with operation carried out under prior communication, the

interested identifies in the communication the phases in which it intends to proceed

of the urbanization works, applying with the necessary adaptations the willing n. ºs

1, 2 and 3.

Article 57.

[...]

1-A fixed city hall the conditions to be observed in the execution of the work with the

deferral of the application for the licensing of the works referred to in points c) , d) and e) from the

n Article 4 (2), and by means of municipal regulation for the works provided for in the

points c) a h) of Art. 6 (1), and shall safeguard compliance with the

provisions of the scheme for the management of construction and demolition waste.

2-The conditions relating to the occupation of the public route or the placement of tapumes and

gaskets are established upon proposal of the applicant, which, in the situations

provided for in points c) a h) of Article 6 (1), shall accompany the communication

32

prior, may not the city chamber amend them but on grounds of the

violation of applicable legal or regulatory standards, or in the need of

articulation with other planned or existing occupations.

3-[...].

4-A prior communication for works in area covered by loteeing operation

cannot take place prior to the provisional reception of the respective urbanization works

or of the provision of collateral referred to in Article 54.

5-The provisions of Article 43 shall apply to the licensing procedures or the

prior communication of the works referred to in points c) , d) and e) of Article 4 (2),

as well as those provided for in points c) , d ), e) and f) of Article 6 (1), when

respect contiguous and functionally connected buildings with each other, which determine,

in urbanistic terms, impacts similar to a loteing operation, nos

terms to be defined by municipal regulation.

6-The provisions of Article 44 (4) shall apply to the licensing procedures

or prior communication of the works referred to in points c) , d) and e) of the n. 2 article

4, as well as those provided for in points c) , d) , and ), and f) of Article 6 (1) when the

operation behold the creation of areas of viaria and pedonal circulation, green spaces

and privately used equipment.

7-The provisions of the preceding paragraph shall also apply to the procedures of

prior communication of the urban planning operations provided for in points d) and e) of paragraph 1

of Article 6, provided that it is planned to be carried out in area not covered by

lotion operation.

Article 58.

[...]

1-A fixed municipal chamber, with the deferral of the application for the licensing of the

works referred to in points c) a g ) of Article 4 (2), the term of implementation of the work,

in accordance with the schedule proposed by the applicant.

2-In the situations provided for in points c) a h) of Article 6 (1), the term of

execution is that fixed by the person concerned, and may not, however, exceed the limits

fixed by municipal regulation.

3-The time limits referred to in the preceding paragraphs begin from the date of issue

of the respective alvshall, of the date of payment or deposit of the fees or the collateral

33

in the situations provided for in Article 113, or of the end of the period referred to in paragraph 1 of the

article 36, in the preview of prior communication.

4-The deadline for the completion of the work may be changed by reason of interest

public, duly substantiated, in the act of deinjury referred to in paragraph 1

or, in the situation provided for in paragraph 2, by the end of the period provided for in Article 36 (1).

5-When it is not possible to complete the works at the planned time, this may be

extended, the reasoned application of the person concerned, for a single time and by

period not more than half of the initial term, save the provisions of the figures

following.

6-When the work finds itself in phase of finishes, it may the mayor

municipal, the reasoned application of the person concerned, grant new extension,

upon payment of an additional at the rate referred to in Article 116 (1), of

amount to be fixed in municipal regulation.

7-The deadline set in the terms of the previous figures may still be

extended as a result of the change in the licence, as well as the submission of

amendment to the projects submitted with the admitted prior communication.

8-A extension of the term in the terms referred to in the preceding paragraphs does not give way

to the issue of new alvshall not to the presentation and admission of new communication

preview, owing only, to be in these averse.

9-[...].

Article 59.

[...]

1-The applicant may opt for the phased implementation of the work, owing to the effect, in

case of urbanistic operation subject to licensing, identify in the project of

architecture the work included in each of the phases and indicate the deadlines, the

count of the date of approval of that project, in which it is proposed to apply for approval

of the projects of specialty engineering relative to each of these phases,

may the municipal chamber set different deadlines on grounds of public interest

duly reasoned.

2-[...].

3-[...].

4-[...].

34

5-[ Revoked ]

6-[...].

7-When dealing with urbanistic operation subject to prior communication, the interested

identifies in communication the phases in which it intends to undertake the execution of the work,

applying with the necessary adaptations to the provisions of the n. paragraphs 1 and 2.

Article 60.

[...]

1-[...].

2-A licence or admission of prior communication of reconstruction works or of

alteration of the buildings may not be refused on grounds of legal standards

or regulatory supervenient to construction originating, provided that such works do not

originate or aggravate disconformity with the standards in force, or have as

result the improvement of the conditions of safety and salubrity of the edification.

3-Without prejudice to the provisions of the preceding paragraphs, the law may impose conditions

specific to the exercise of certain activities in edifices already assigned to such

activities under the previous right, as well as conditioning the implementation of the

works referred to in the number preceding the carrying out of the ancilishing works which

show necessary for the improvement of the conditions of safety and salubrity of the

edification.

Article 61.

Identification of the technical director of the work

The holder of the building permit and the presenting of the prior communication stay

required to affix on a plate in imperishable material on the exterior of the building, or

recording in one of its exterior elements, the identification of the technical director of the

work and the author of the architecture project.

35

Article 62.

[...]

1-A The permit for use of buildings or their autonomous fractions is intended for

check the compliance of the completed work with the approved project and with the

conditions of the licensing or prior communication.

2-A permission, when there is no place for the realization of works or when dealing with

alteration of the use or permission of renting for non-housing purposes

of unlicensed buildings or fractions, in accordance with Article 5 (4) of the Decree-

Law No. 160/2006 of August 8, is intended to verify the conformity of the use

provided with the applicable legal and regulatory standards and the suitability of the building

or its autonomous fraction for the intended purpose.

Article 63.

[...]

1-The application for a permit for use shall be instructed with a term of

liability subscribed by the authors of the work project and the director of

labor surveillance, in which those must declare that the work has been performed of

agreement with the approved project and with the conditions of the licence or communication

prior to and, where appropriate, that the changes made to the project are in

compliance with the legal and regulatory standards that are applicable to you.

2-The application for permission under the terms set out in paragraph 2 of the preceding Article shall be

instructed with an end of responsibility subscribed by person enabled to be author

of project under the scheme of the professional qualification of the responsible technicians

by the drafting and underwriting of projects.

Article 64.

Grant of the authorisation of use

1-A permission for use is granted, within 10 days of the

receipt of the application, on the basis of the term of liability referred to in the

previous article, saved in the situation provided for in the following number.

2-The mayor of the city hall, officiously or at the request of the manager of the

36

procedure and within the time specified in the preceding paragraph, determines the achievement of

survey, to be carried out in the terms of the following article, when you check any of the

following situations:

a) The application for a permit for use shall not be instructed with the term of

liability provided for in the previous article;

b) There are serious indications, particularly on the basis of the elements

constants of the process or the book, to be realized in the order that

determines the survey, of which the work is found to be in disconformity with the

respective project or established conditions.

c) Dealing with the authorisation provided for in Article 62 (2), there are indications

serious that the building, or its autonomous fraction, is not idoneo for the end

intended.

Article 65.

[...]

1-A survey takes place within 15 days of the decision of the President of the

chamber referred to in paragraph 2 of the preceding article, where possible on a date to date

waking up with the applicant.

2-A survey is carried out by a commission composed, at a minimum, by three technicians,

to be designated by the city hall, of which at least two must have habilitation

legal to be project author, corresponding to the object of survey, according to the

scheme of the professional qualification of the technicians responsible for drafting and

underwriting of projects.

3-A date of conduct of survey is notified by the city hall to the applicant

of the permission of use, which may make you follow up with the authors of the

projects and the technician responsible for the technical direction of the work, which participate, without

right to vote, in the survey.

4-The findings of the survey are compulsorily followed in the decision on the

application for authorization.

5-In the case of the imposition of alteration works arising from the survey, the issuance of the

authorization required depends on the verification of the proper realization of these works,

by new survey to be applied for by the person concerned, which must elapse within the period of

15 days from the respective application.

37

6-Not being the survey carried out in the time limits referred to in paragraphs 1 or 5, the applicant

may request the issuance of the title of permission to use, by

presentation of the demonstrator of the application of the same in accordance with Rule 63.

or from the previous number, which is issued within 5 days and without the prior realization

of vistoria.

Article 66.

[...]

1-In the case of buildings consisting of horizontal property regime, the

authorization may have by object the building in its entirety or each of its

autonomous fractions.

2-[...].

3-[...].

4-The provisions of paragraphs 2 and 3 shall apply, with the necessary adaptations, to the buildings

compounds by units susceptible to independent use that are not

subject to the regime of horizontal property.

SECTION IV

Validity and effectiveness of acts of licensing, admission of prior communication or

authorization to use

Article 67.

[...]

The validity of licences, admission of prior communications or authorizations of

use of urban planning operations depends on their compliance with the standards

legal and regulatory applicable in force at the date of its practice, without prejudice to the

provisions of Article 60 para.

38

Article 68.

Nulities

They are void of licences, admission of prior communications or authorizations of

use provided for in this diploma that:

a) Violate the provisions of municipal planning of spatial planning, plan

special of spatial planning, preventive measures or leave of absence

lotement in force;

b) [...];

c) [...].

Article 69.

Participation, special administrative action and declaration of nullity

1-The generative facts of the nullities provided for in the previous article and any other

facts that it may result in the unvalidity of the administrative acts provided for in the

present diploma must be participated, by whom they have knowledge, to the

Prosecutor's Office, for the purpose of purposeful of the competent administrative action

special and respective procedural means accessory.

2-When it has for the purpose of acts of licensing, admission of communication

prior use or authorizations of use on the grounds of any of the invalidities

provided for in the previous article, the citation to the licence holder, prior communication or

authorizations of use to challenge the action referred to in paragraph 1 has the effects

provided for in Article 103 for the embargo, without prejudice to the provisions of the number

next.

3-The court may, officiously or at the request of the concerned, authorize the

further proceedings should be continued if the appeal results hints of illegality of its

interposition or its improvenance, and the judge shall decide this matter, when the

it there is place, within 10 days.

4-A the possibility of the organ that issued the act or deliberation declaring the nullity

lapses within 10 years, also lapsing the right to propose the planned action

in paragraph 1 if the facts that have determined the nullity are not participated in the

Prosecutor's Office at that time, except for national monuments and

respective buffer zone.

39

Article 70.

[...]

1-The municipality responds civilly for the damage caused in the event of a revocation,

cancellation or declaration of nullity of licences, admission of communications

preconditions or authorizations of use whenever the cause of revocation, cancellation or

declaration of nullity results from an unlawful conduct of the holders of their organs or

of your employees and agents.

2-[...].

3-[...].

4-[...].

SUBSECTION II

Expiry and revocation of the licence or admission of prior communication

Article 71.

[...]

1-A licence or admission of prior communication for the realization of operation of

loteeing lapse if:

a) No permission is required for the realization of the respective works of

urbanization within one year of the notification of the act of

licensing, or, in the preview of prior communication, is not presented

prior communication for the realization of urbanization works within the period of

one year from the admission of that; or if

b) [...].

2-A licence or admission of prior communication for the carrying out of operation of

loosing that does not require the realization of urbanization works, as well as the license

for the realization of the urban planning operations provided for in points b ) a e) and g) of paragraph 2

of Article 4 lapses if, within one year of the notification of the act of

licensing or the admission of prior communication, no issuance is required

of the respective alvshall or initiated the works in the case of prior communication.

40

3-In addition to the situations provided for in the preceding paragraph, the licence or admission of

prior communication for the realization of the urban planning operations referred to in the number

previous, as well as the license or admission of prior communication for the realization

of loosing operation that requires the realization of urbanization works, lapse

still:

a) If the works are not started within nine months from the date of

issuance of the alvshall, of the period provided for in Article 36, or, in the cases provided for

in Article 113, of the date of payment of the fees, their deposit or the

guarantee of your payment;

b) If the works are suspended for period longer than six months, save if

the suspension taking place in fact not attributable to the holder of the licence or

admission of prior communication;

c) [...];

d) If the works are not completed within the time limit set in the licence or

prior communication or its extensions, counted from the date of

issuance of the alvshall or of the time limit provided for in Article 36 (1);

e) [ Revoked ].

4-[...]:

a) [...];

b) [...];

c) If you are unaware of the whereabouts of the holder of the respective licence or communication

preview without this there being indicated to the municipal prosecutor's office quite a

that the represent.

5-The lapses provided for in this Article shall be declared by the chamber

municipal, with prior hearing of the person concerned.

6-[...].

7-Treating license for the realization of loteeing operation or works

of urbanization, the expiry on the grounds provided for in paragraphs 3 and 4 does not produce

effects on batches for which there has already been approved application for

licensing for edifice works or has already been submitted communication

prior to the realization of these works.

41

Article 72.

[...]

1-The holder of licence or prior communication that there is lapse may require new

license or present new prior communication.

2-In the case referred to in the preceding paragraph, they will be used in the new process the

elements that have instructed the previous process, as long as the new requirement is

presented within 18 months from the date of expiry or, if this period

it is exhausted, there are no de facto and right changes that justify new

presentation.

3-[ Revoked ].

Article 73.

[...]

1-Without prejudice to the following number, the licence, the admission of

prior communication or authorizations of use can only be revoked in the

terms set out in the law for the constitutive acts of rights.

2-In cases referred to in Article 105 (2) to leave or the admission of

prior communication may be revoked by the municipal chamber passed the deadline

of six months from the expiry of the deadline set out in accordance with paragraph 1 of the

same article.

SUBSECTION III

Titles of urban planning operations

Article 74.

Title of licence, admission of prior communication and permission to use

1-The urbanistic operations subject to licensing are titled by alvshall, whose

issue is condition of effectiveness of the license.

2-A The admission of prior communication of urban planning operations is titrated by the

receipt of your presentation accompanied by the voucher of admission to the terms

of Article 36.

42

3-A The permit for use of the buildings is titled by alvshall.

Article 75.

[...]

It is incumbent upon the chairman of the city hall to issue the licence alvwill for the realization

of the urban planning operations, and may delegate this competence to the aldermen with

faculty of subdelegation, or in the leaders of municipal services.

Article 76.

[...]

1-The person concerned shall, within one year from the date of the notification of the act of

licensing or the authorization of use to apply for the issuance of the respective

alvará, presenting to the effect the elements provided for in the portaria approved by the

member of the Government responsible for spatial planning.

2-[...].

3-[...].

4-Without prejudice to the provisions of Articles 64 and 65, the alvshall shall be issued within the period of

30 days from the submission of the application provided for in the preceding paragraphs, or

of the receipt of the items referred to in Article 11 (3), provided that

show paid the fees due.

5-The application for the issue of alvshall may only be dismissed on the grounds of the

expiry, suspension, revocation, cancellation or declaration of nullity of the licence or

of the admission of prior communication or in the lack of payment of the fees referred to in

previous number.

6-The alvshall obeys a model type to be established by portaria approved by the

member of the Government responsible for spatial planning.

43

Article 77.

[...]

1-The loose-operating licence alvshall or urbanization works shall

contain, in the terms of the licence, the specification of the following elements, depending on

are applicable:

a) [...];

b) [...];

c) Identification of the acts of municipal bodies concerning the licensing of the

loosing operation and the urbanization works;

d) Framework of the urban planning operation in municipal plan of

Spatial planning in force, as well as in the respective unit of

execution, if any;

e) [...];

f) [...];

g) [...];

h) [...].

2-[...].

3-[...].

4-The licence alvshall for the realization of the urban planning operations to which they refer

the points b) a g) and l) of Article 2 shall contain, in the terms of the licence, the following

elements, depending on whether they are applicable:

a) Identification of the holder of the licence;

b) [...];

c) Identification of acts of municipal bodies concerning licensing

of the works or works;

d) [...];

e) The conditionings to which it is subject to leave;

f) [...];

g) [...];

h) [...];

i) The period of validity of the licence, which corresponds to the deadline for the

completion of the works or works.

44

5-The alvshall of permission for use relating to the use of building or its

fraction shall contain the specification of the following elements:

a) Identification of the holder of the licence;

b) [...];

c) [...].

6-The alvshall referred to in the preceding paragraph shall still be mentioned, when it is case

of this, that the building to which it respects fulfils the legal requirements for the constitution

of the horizontal property.

7-In the case of replacement of the licence alvate holder, the substitute shall owe this

make proof with the speaker of the chamber so that this will proceed to the respective

averaging within 15 days from the date of the replacement.

Article 78.

[...]

1-The holder of the alvshall shall promote, within 10 days after the issuance of the alvshall,

the affixing in the building object of any urbanistic operation of a warning, visible from the

exterior, which shall remain until the completion of the works.

2-A issuance of the looming licence allotted shall still be advertised by the

municipal chamber, within the time limit set out in paragraph 1, by:

a) Publication of notice in municipal bulletin and on the Internet page of the

Municipality or, when these do not exist, through edital to affix on the pits

of the county and in the seats of the freguish joints covered;

b) [...].

3-Compete to the member of the Government responsible for spatial planning

approving, by portaria, the model of the notice referred to in paragraph 1.

4-The notice provided for in the preceding paragraph shall be mentioned, as the cases may be, the

specifications laid down in the points a) a g) of paragraph 1 and a) a c) and f) a i) of the Article 4 (4)

77.

5-The provisions of the preceding paragraphs apply, with the necessary adaptations, to

situations subject to prior communication.

45

Article 79.

Cassation

1-The alvshall or the admission of prior communication is cassated by the President of the

city hall when it lapses the licence or admission of prior communication

or when these are revoked, annulled or declared void.

2-A cassation of the alvshall or the admission of prior loteeing communication is

communicated by the mayor of the municipal chamber to the conservatory of the predial register

competent, for the purpose of annotation to the description and cancellation of the registration of the

alvshall and prior communication.

3-With the communication referred to in the preceding paragraph, the Chairman of the chamber

municipal gives equally knowledge to the conservatory of the batches that meet

in the situation referred to in Article 71 (7), requiring this to be the partial cancellation

of the alvshall or of the admission of prior communication under the terms of the ( f) of paragraph 2 of the

Article 101 of the Code of the Predial Register and indicating the descriptions to be maintained.

4-[...].

5-A admission of prior communication is cassed through the averaging of cassation

to the information provided for in Article 36 (1).

Article 80.

[...]

1-A The execution of the works and works subject to licence pursuant to the present

diploma can only start after issued the respective alvshall, with the exception of

situations referred to in the following article and save the provisions of Article 113.

2-Works and works subject to the prior communication regime may start

in the terms of Article 36 (3).

3-[...].

4-Within 60 days of the commencement of work relating to the operations

urbanities referred to in points c) a e) of Article 4 (2) shall the promoter of the

work to present in the municipal chamber copy of the design of architecture and

of engineering the specialties.

46

Article 81.

[...]

1-When the licensing procedure there has been preceded by information

favourable preview that binds the city hall, may the mayor

municipal, at the request of the person concerned, allow for the execution of demolition work or

of excavation and peripheral containment up to the depth of the smaller quota floor, soon

after the sanitation referred to in Article 11, provided that escrow is provided for

reposition of the ground in the conditions under which it was found before the start of the

work.

2-[...].

3-[...].

4-[...].

5-[...].

Article 82.

[...]

1-The alvarás referred to in Article 77 (1) and (4), the admission of

prior communication of Article 36-A, as well as the notification referred to in paragraph 5 of the

previous article, constitute title quite a lot to instruct the applications for connecting the

water, sanitation, gas, electricity and telecommunication networks,

may the applicants choose, upon permission from the supplying entities, by the

realization of the works indispensable to its realization in the conditions

regulatory and techniques defined by those entities.

2-Up to the presentation of the alvshall of permission to use, the links referred to in

previous paragraph shall be carried out by the deadline set in the respective alvshall or in the

admission of prior communication and may only be extended by the period

corresponding to the extension of that period, save in cases where that alvshall

there has not been issued for reasons exclusively attributable to the city hall.

3-[...].

4-In the cases referred to in Article 6 (3), the applications for a connection are instructed

with copy of the receipt of the submission of prior communication and its admission and if

necessary the compatibilization of projects with existing infrastructures, or the

47

its realization in the case of non-existence, these will be promoted by the entity

prescarer or by the applicant, pursuant to the final part No 1.

Article 83.

[...]

1-Changes can be carried out in the project, by communication

prior to the terms set out in articles 35, provided that such communication is

carried out in advance necessary for the works to be completed before

of the submission of the application referred to in Article 63 (1).

2-Can be carried out without dependence on prior communication to the chamber

municipal the changes in works that do not correspond to works that were

subject to prior licensing.

3-The changes in work to the project initially approved or submitted that

involve the realization of magnification works or changes to the deployment of the

editions are subject to the procedure laid down in Articles 27 or 35,

depending on the cases.

4-In the situations provided for in the preceding paragraphs only the

instructory elements that have undergone changes.

Article 84.

[...]

1-Without prejudice to the provisions of this diploma in respect of suspension,

expiry of the licences, authorisations or the admission of prior communication, or of

cassation of the respective alvarás, the municipal chamber, for safeguarding the

cultural heritage, the quality of the urban and the environment, safety

of the edifices and the general public or, in the case of urbanization works, also

for protection of interests of third party purchasers of lots, may promote the

realization of the works on account of the holder of the alvshall or the present of the

prior communication when, because it is attributable to the latter:

a) They have not been initiated within one year from the date of issue

of the alvshall or of the time limit set out in Article 36 (1);

b) [...];

48

c) [...];

d) [...].

2-[...].

3-[...].

4-As soon as it shows repaid of the expenses incurred pursuant to the present

article, the city hall carries out the lifting of the embargo that may have been

enacted or, when it deals with works of urbanization, it emits officiously alvshall alvt,

competing with the speaker of the chamber to give notice of the respective deliberations,

where appropriate, to the regional direction of the environment and planning

territory and the conservative of the predial register.

Article 85.

[...]

1-[...].

2-[...]:

a) Copy of the alvshall or prior communication and its admission;

b) [...];

c) [...].

3-Before deciding, the court notifies the municipal chamber, the holder of the alvshall or the

present the prior communication to respond within 30 days and orders the

realization of the representations that it understands useful for the knowledge of the application,

particularly the judicial inspection of the site.

4-[...].

5-In the absence or insufficiency of the surety, the court determines that the costs are

supported by the municipality, without prejudice to the right of return of this on the holder

of the alvshall or the presentable of the prior communication.

6-[...].

7-[...].

8-[...].

9-A municipal chamber emits officialshall alvate for execution of works by

third, competing for your president to give knowledge of the respective

deliberations to the regional direction of the environment and land use planning and the

conservative of the predial register, when:

49

a) [...];

b) [...].

Article 86.

[...]

1-Completed the work, the owner of the same is obliged to undertake the lifting of the

shipyard, cleaning of the area, according to the regime of waste management of

construction and demolition on it produced, and to the repair of any damage or

deteriorations that it has caused in public infrastructure.

2-Compliance with the provisions of the preceding paragraph shall be a condition of the issuance of the alvshall

of permission to use or the provisional reception of the urbanization works,

save when it has been provided, in time to be fixed by the city hall, collateral

for a guarantee of the execution of the operations referred to in the same number.

Article 88.

Unfinished works

1-When the works have already reached an advanced state of execution but the

license or the admission of prior communication there is lapsed, may be required to

grant of special leave for its completion or be submitted communication

preview for the same effect.

2-A The granting of the special licence and the submission of the prior communication referred to

in the preceding paragraph follows the procedure laid down in Articles 27 or 35, depending on

the case, applying the provisions of Article 60.

3-You may be granted the licences or admitted to the communications provided for in the n.

1 or submitted prior communications when the city hall recognizes the

interest in the completion of the work and do not show advisable the demolition of the same,

for environmental, urbanistic, technical or economic reasons.

4-In the case of prior communication the recognition of interest in the completion of the

work takes place through non-rejection by the municipal chamber of communication, by

reference to the fundamentals of the preceding paragraph, within the time limit set out in paragraph 1 of the

article 36 para.

50

Article 89.

[...]

1-The buildings are to be the subject of conservation works at least once

in each eight-year period, owing to the owner, regardless of that

deadline, carry out all the necessary works for the maintenance of your safety, salubrity

and aesthetic arrangement.

2-Without prejudice to the provisions of the preceding paragraph, the city hall may at all

time, officiously or the requirement of any interested party, determine the

implementation of conservation works necessary for the correction of poor conditions of

safety or of salubrity or the improvement of the aesthetic arrangement.

3-[...].

4-[...].

Article 90.

[...]

1-The deliberations referred to in Article 89 (2) and (3) are preceded by survey

carry out by three technicians to be appointed by the city hall, two of which with

legal habilitation to be an author of project, corresponding to the subject matter of

survey, according to the scheme of the professional qualification of the responsible technicians

by the drafting and underwriting of projects.

2-[...].

3-[...].

4-[...].

5-[...].

6-[...].

7-[...].

51

Article 93.

[...]

1-A realization of any urban planning operations is subject to surveillance

administrative, regardless of your subjection to prior licensing, admission

of prior communication, authorization of use or exemption of prior control.

2-[...].

Article 97.

[...]

1-All relevant facts concerning the execution of licensed works or the subject matter of

prior communication shall be recorded by the respective technical director in the book of

work, to be kept at the site of their achievement for consultation by the officials

municipal officers responsible for the supervision of works.

2-Are compulsorily recorded in the book, in addition to the respective dates

of start and finish, all the facts that entail your stopping or suspension,

as well as all changes made to the licenced project or communified statement.

3-The model, and too much records to be entered into in the book are defined by

joint office of the members of the Government responsible for the public works and the

spatial planning, which also fixes the characteristics of the book

electronic.

Article 98.

[...]

1-[...]:

a) The realization of any urbanistic operations subject to prior

licensing without the respective licensing allure, except in cases

provided for in Articles 81 and 113;

b) The realization of any urbanistic operations in disconformity with

the respective project, or with the conditions of the licensing or the

admission of prior communication;

c) The execution of works in violation of the provisions of Article 80 (2);

52

d) The occupation of buildings or their autonomous fractions without authorization of

use or at odds with the use fixed in the respective alvshall or in the

admission of prior communication, unless these have not been issued

in the legal period for reasons exclusively attributable to the city hall;

e) The false statements of the authors and coordinator of projects in the term of

liability, in respect of the observance of the general technical standards and

construction specific, as well as the legal provisions and

regulations applicable to the project;

f) The false statements in the term of responsibility of the technical director of the

work and the director of labor supervision or other technicians

relatively:

i) To the compliance of the implementation of the work with the approved project and with the

conditions of the licence and prior communication admitted;

ii) To the compliance of the changes made to the project with the standards

applicable legal and regulatory;

g) [...];

h) [...];

i) [...];

j) Non-maintenance of visible form from the exterior of the building, to the conclusion

of the work, of the notice that publicizes the alvshall or the admission of the communication

prior;

l) [...];

m) [...];

n) [...];

o) The absence of an application to be asked of the city hall the averaging

of replacement of the applicant, the project author or director of

labor supervision as well as the licence alvshall holder or

the preview of the prior communication;

p) The absence of the load-free number or the admission of the

prior communication in advertisements or in any other forms of

advertising to the disposal of lots of land, of buildings or fractions

autonomous in it built;

q) A non-communication to the municipal chamber of the legal business of which

result in fracking or splitting of rustic buildings within 20

53

days from the date of celebration;

r) The realization of urbanistic operations subject to prior communication without

that this has been carried out and admitted;

s) The non-completion of the urban planning operations referred to in paragraphs 2 and 3 of the

article 89 in the time limits set for the purpose;

t) The doleful deterioration of the edification by the owner or by the third party or the

serious breach of the duty of conservation.

2-A counter-ordinance provided for in points a) and r) of the previous number is punishable by

fine graduates from 500.00 € up to max 200,000.00 €, in the case of person

singular, and from 1,500.00 € up to 450,000.00 €, in the case of legal person.

3-A counter-ordinance provided for in the paragraph b) of paragraph 1 is punishable with graded fine

from 1,500.00 to the maximum of 200,000.00 €, in the case of a natural person, and of

3,000.00 € up to 450,000.00 €, in the case of legal person.

4-A counter-ordinance provided for in points c ), d) , s) and t) of paragraph 1 is punishable by

fine graduates from 500.00 € up to max 100,000.00 €, in the case of person

singular, and 1,500.00 for up to 250,000.00 €, in the case of legal person.

5-The counter-ordinations provided for in points e) a h) of paragraph 1 are punishable by

fine graduates from 1,500.00 € up to the maximum of 200,000.00 €.

6-The counter-ordinations provided for in points i) a n) and (p) of paragraph 1 are punishable by

fine graduated from 250.00 € up to maximum of 50,000.00 €, and from 1,000.00 € up to

100,000.00 €, in the case of legal person.

7-A counter-ordinance provided for in points o) and q) of paragraph 1 is punishable by fine

graduated from 100.00 to the maximum of 2,500.00 €, in the case of natural person, and of

500.00 € up to 10,000.00 €, in the case of legal person.

8-When the counter-ordinations referred to in paragraph 1 are practiced in relation to

urbanistic operations that have been the subject of prior communication in the terms of the

this diploma, the maximum amounts of the fines referred to in paragraphs 3 a to 5

previous ones are aggravated in 50,000.00 and those of the fines referred to in paragraphs 6 and 7 in

25,000.00 €.

9-[...].

10-[...].

11-[...].

54

Article 99.

[...]

1-[...]:

a) [...];

b) The interdiction of the exercise in the municipality, up to the maximum of four years, of the

profession or related activity with the offence practiced;

c) [...].

2-The penalties provided for in paragraph 1, as well as those provided for in the previous article, when

applied to civil construction industrialists, are communicated to the Institute of the

Construction and Real estate, I. P.

3-The sanctions applied under the provisions of the provisions of the e) , f) and g) of the Article 1 (1)

previous to the authors of the projects, responsible for the technical direction of the work or the

who subscribed to the term of responsibility provided for in Article 63 are communicated

to the respective order or professional association, when it exists.

4-A interdiction of activity exercise provided for in paragraph b) of paragraph 1, when

applied to the legal person, extends to other legal persons constituted by the

same partners.

Article 102.

[...]

1-[...]:

a) Without the necessary license or admission of prior communication;

b) In discompliance with the respective project or the conditions of the

licensing or prior communication admitted, save the provisions of the article

83. º; or

c) In violation of the applicable legal and regulatory standards.

2-A notification is made to the responsible for the technical direction of the work, as well as to the

holder of the licence alvshall or presentable of the prior communication and, when

possible, to the owner of the immovable in which the works are being executed, or their

representative, being sufficient to compel the suspension of any work

of these notifications or that of whom you find yourself performing the work on the spot.

3-[...].

55

4-[...].

5-The embargo auto is notified to the persons identified in paragraph 2.

6-[...]...

7-The embargo, as well as its cessation or expiry, is the subject of registration in the

conservatory of the predial register, upon communication of the dispatch that the

determined, proceeding to the necessary aversions .

Article 103.

[...]

1-[...].

2-Dealing with licensed works or the object of prior communication, the embargo

it also determines the suspension of the effectiveness of the respective licence or the admission of

prior communication, as well as, in the case of urbanization works, of the licence or

prior communication of urban lotement to which they respect them.

3-[...].

4-The embargo, albeit partial, suspending the deadline that is set for the

performance of the works in the respective licence alvate and established for the admission of

prior communication.

Article 105.

[...]

1-[...].

2-[...].

3-Dealing with works of urbanization or other indispensable works for

ensuring the protection of interests of third parties or the correct urban planning, the

city hall may promote the achievement of the correctional works or

change on account of the holder of the licence or the previous communication presentator,

in the terms of Articles 107 and 108.

4-A The order to carry out correction or amendment work suspending the deadline

which is fixed in the respective licence alvshall licence or established in the communication

prior to the period set out in accordance with paragraph 1.

56

5-The time limit referred to in paragraph 1 shall interrupt with the submission of application for

amendment to the licence or prior communication, in the terms, respectively, of the articles

27. and 35.

Article 106.

Demolition of the work and reposition of the land

1-[...].

2-A demolition can be prevented if the work is likely to be licensed or

subject of prior communication or if it is possible to ensure compliance with

the legal and regulatory provisions applicable to it by the realization

of correction or alteration work.

3-[...].

4-[...].

Article 109.

[...]

1 - Without prejudice to the provisions of Article 2 (2) and (2) of the Decree-Law No. 281/99, of

July 26 , the mayor of the city hall is competent to order and fix

deadline for the cessation of the use of buildings or their autonomous fractions

when they are occupied without the necessary authorisation of use or when

are being allocated to the diverse end of the schedule in the respective alvshall.

2-[...].

3-[...].

4-In the situation referred to in the preceding paragraph, the eviction may not proceed while

the municipal chamber does not provide for the rehousing of the person in question, the

expense of the responsible for misuse, in the terms of the previous article.

Article 110.

[...]

1-[...].

2-[...].

57

3-Interested parties have the right to consult the processes that tell them

directly respect, particularly by electronic means, and to obtain the certificates or

authenticated reproductions of the documents that integrate them, upon payment

of the importances that are due.

4-Access to the processes and the passage of certificates must be required in writing,

except for consultation by electronic means, and is provided independently of dispatch and in the

period of 10 days from the date of the submission of the respective application.

5-[...].

6-[...].

Article 111.

[...]

Decorate the deadlines set for the practice of any specially regulated act

in the present diploma without the same showing practiced, the following is observed:

a) [...];

b) [ Revoked ]

c) [...].

Article 113.

[...]

1-In the situations referred to in paragraph 9 of the preceding article, the person concerned may initiate and

continue the implementation of the proceedings in accordance with the application submitted in the

the terms of Article 9 (4), or give immediate use to the work.

2-[...].

3-[...].

4-[...].

5-In case the city hall does not carry out the settlement of the fee due neither give

compliance with the provisions of the preceding paragraph, the person concerned may start the proceedings

or give immediate use of the work, giving that fact knowledge to the chamber

municipal and requiring the administrative court of circle of the area of the headquarters of the

autarky that inteam this to issue the licence alvshall of use.

6-[...].

58

7-A certificate of the sentence carried forward on trial that there is subpoena to the issuance of the

will alvate of licence to use replaces, for all legal effects, alvshall not

issued.

8-In the situations referred to in this article, the work may not be embarked on by

any administrative authority on the grounds of the lack of license.

Article 115.

Special administrative action

1-A Special administrative action of the acts provided for in Article 106 shall take effect

suspensive.

2-[...].

3-A all the time and up to the decision in 1 th instance, the judge may grant the effect

merely devolutive to the action, officiously or to the application of the defendant or the

Prosecutor's Office, case of the same result hints of the illegality of its

interposition or its improvenance.

4-[...].

Article 116.

[...]

1-A issuance of licence and permit alvarages and the admission of

prior communication provided for in this diploma are subject to the payment of the

fees as referred to in point b) of Article 6 of the Decree-Law No. 53-E/2006 of 29 of

January.

2-A issue of licence alvshall and the admission of prior communication of

lotement are subject to payment of the fees referred to in point (s) a) of the article

6. of the Decree-Law No. 53-E/2006 of January 29.

3-A issue of the licence alvshall and the admission of prior communication of works of

construction or extension in area not covered by lotion operation or

alvings of urbanization works is also subject to the payment of the said fee

in the previous number.

59

4-A The issuance of the partial licence alvshall referred to in Article 23 (6) is

also subject to the payment of the fee referred to in paragraph 1, where there is no place at

settlement of it upon the issuance of the definitive alvshall.

5-[...].

Article 117.

1-The chairman of the municipal chamber, with the deferring of the request for

licensing, proceeds to the settlement of fees, in accordance with the regulation

approved by the municipal assembly.

2-[...].

3-From settlement of fees rests with gracious claim or judicial challenge, in the

terms and with the effects provided for in the Code of Procedure and Process

Tributary.

4-A requirement, by the city hall or by any of its members, of more-

valias not provided for in the law or any countermatches, compensations or

donations gives the holder of the licence or prior communication for the realization of

urbanistic operation, when it gives fulfillment to those demands, the right to reaver

the improperly paid amounts or, in cases where the counterparts,

compensation or donations are carried out in kind, the right to the respective

return and to the compensation to which there is place.

5-In the cases of autoliquidation provided for in this diploma, in particular in the

chances of prior communication, the municipal chambers must compulsorily

make available the regulations and other necessary elements to their efectiveness,

may the applicants use the expedient provided for in Article 113 (3).

Article 119.

Relation of territorial management instruments, servings and utility constraints

public and other relevant instruments

1-Municipal chambers shall keep up-to-date the relationship of the instruments of

territorial management and administrative servings and restrictions of public utility

especially applicable in the area of the municipality, namely:

a) [...];

60

b) Classified real estate protection areas, or in classification routes,

archaeological reserves of protection and special zones of protection of

archaeological park referred to in Law No. 107/2001 of September 8;

c) [ Revoked ]

d) [...];

e) Real estate or natural elements classified as of municipal interest, the

referred to in Law No. 107/2001 of September 8;

f) [...];

g) Integrated areas in the public or private water domain, to which the

Decree-Law No. 468/71 of November 5 and the Law No. 58/2005 of 29 of

December;

h) [...];

i) [...];

j) Integrated areas in the National Ecological Reserve, as referred to by the Decree-

Law No. 93/90 of March 19, in the wording of the Decree-Law No. 180/2006, of

September 6;

l) Protection zones established by the Decree-Law No. 173/2006, 24 of

August.

2-[...].

3-A information referred to in the preceding paragraphs shall be made available on the site

Internet of the municipality.

Article 120.

[...]

1-The municipal chambers and the Coordination and Development Commissions

Regional have the duty of mutual information on processes relating to operations

urbanities, which must be met by communication to be sent within

20 days from the date of receipt of the respective application.

2-Not being provided the information provided for in the preceding paragraph, the entities that

have requested may resort to the process of subpoena regulated in the articles

104. and following of Law No. 15/2002 of February 22.

61

Article 121.

[...]

The notifications and communications referred to in this diploma and addressed to applicants

they must be carried out via e-mail or other means of transmission

data electronics, save when this is not possible or show inadequate.

Article 123.

[...]

Until the codification of the technical standards of construction, it is incumbent on those of the members of

Government responsible for public works and land-use planning

promote the publication of the relationship of legal and regulatory provisions to be observed

by the responsible technicians of the works projects and their implementation, and

relationship on the websites of the ministries concerned.

Article 126.

[...]

1-A The municipal chamber sends monthly to the National Statistical Institute the

statistical elements identified in portaria of the members of the Government

responsible for local administration and spatial planning.

2-[...].

Article 127.

[...]

The scheme provided for in this diploma shall apply to the Autonomous Regions, without prejudice to the

legal diploma that proceeds to the necessary adaptations.

Article 128.

[ Revoked ] "

62

Article 2.

Addition to the Decree-Law No. 555/99, of December 16

They are deferred to Decree-Law No. 555/99 of December 16, Articles 6-8-A,

13.-A, 13.-B, 36.-A, 80.-A, 89.-A and 101.-A and 101.

" Article 6.

Works of scant urbanistic relevance

1-Are works of scant urbanistic relevance:

a) The edifices, contiguous or not, to the main building, with height no

greater than 2.20 metres or, alternatively, to the cércea of the floor's rés-of-the-floor

main, with area equal to or less than 10 m2 and which do not confine with the via

public;

b) The erection of sealing walls up to 1.80 metres in height that do not confine

with the public route and land support walls up to a height of 2 metres

or that do not significantly change the topography of existing land;

c) The edification of garden greenhouses with height of less than 3 metres and equal area

or less than 20m2;

d) The small works of arrangement and improvement of the enveloping area of the

editions that do not affect area of the public domain;

e) The edification of lurid or leisure equipment associated with edification

main with area lower than the latter;

f) The demolition of the edifices referred to in the above points;

g) Other works, as such qualied in municipal regulation.

2-Except for the provisions of paragraph 1, the works in classified real estate of interest

national or public interest and in their respective protection zones.

3-The municipal regulation referred to in point g) of paragraph 1 may establish

limits in addition to those provided for in points a) a c) of the same number.

4-A The predial description may be updated upon declaration of achievement of

works of scant urban relevance in the terms of this diploma.

63

Article 8-The

Computer system

1-A The stepping stone of the procedures provided for in this diploma is carried out

informatically, with recourse to a computer system of its own, which it allows,

particularly:

a) The delivery of applications and communications;

b) The consultation by the stakeholders of the state of the procedures;

c) The submission of the procedures to be consulted by external entities to the

municipality;

d) Making information regarding communication procedures available

prior admitted for the purpose of predial and matrix registration.

2-The informatics system provided for in this article is the subject of joint poring of the

members of the Government responsible for justice, local administration and planning

of the territory.

3-A presentation of applications, other elements and the realization of

communications via electronic means must be instructed with digital signature

qualified.

Article 13-The

Opinion, approval or location authorization

1-A consultation of entities of the central, direct or indirect administration, which if

should pronounce on the urbanistic operation on the grounds of the location, is carried out

through a single coordinating entity, the territorially competent CCDR, the

which issues a global and binding decision of the entire central administration.

2-A CCDR identifies, within five days of the receipt of the elements

through the system provided for in Article 8-A, the entities that under the law should

issue opinion, approval or location authorization, promoting within that

term the respective consultation, to be carried out simultaneously and with recourse to the said

computer system.

3-Consulted entities must pronounce within 20 days, or 40 days

dealing with work relating to immovable of national interest or public interest,

without possibility of suspension of the procedure.

64

4-In case there are no divergent positions among the entities consulted, the CCDR

take the final decision within 5 days from the end of the deadline provided in the number

previous.

5-Case there are divergent positions among the entities consulted, the CCDR

promotes a decisional conference and makes final favorable, favorable decision

conditioned or unfavorable within 20 days.

6-In the operative conference referred to in the preceding paragraph the entities consulted

are represented by persons with powers to bind them.

7-Not being possible to obtain the position of all entities, on the grounds of lack of

comparency of some representative or for having been subjected to any appreciation

new issue, the proceedings of the conference can be suspended for a period

maximum of 5 days.

8-When CCDR does not adopt position favorable to an urbanistic operation by

this being dislike with instrument of territorial management, can the CCDR, when the

operation if reviewed of particular regional or local relevance, by its initiative or the

request from the municipality, respectively, to propose to the Government the approval in

resolution of the Council of Ministers of the amendment, suspension or ratification, total or

partial, of plan of its competence with respect to which the disconformity is

checks.

9-When the decision is delivered in the sequence of decisional conference, the

opinions issued have non-binding nature, regardless of their

classification in special legislation.

10-The decision procedure of the central administration provided for in the figures

previous is the subject of the porterie of the members of the Government responsible for the

spatial planning and by the local administration.

Article 13-B

Prior consultations

1-The interested in the consultation to external entities may request the

opinions, authorisations or legally required approvals from the entities

competent, delivering them with the initial application or with the communication

prior, in which case there is no new consultation since, up to the date of

presentation of such a request or communication in the city hall, there is no elapse

65

more than one year since the issuance of the issued opinions, permits or approvals

or provided that, if this period has been exhausted, they have not been verified

changes in the assumptions of fact or law in which they were based.

2-For the effects of the preceding paragraph, should any of the entities consulted not

if there is pronounced within the deadline, the initial application or prior communication

can be instructed with proof of the solicitation of the queries and statement of the

applicant or communicant that the same were not issued within that

deadline.

3-Not having the person concerned promoted all the necessary consultations, the manager of the

procedure promotes the consultations to which there is place or, where applicable, communicates

the application to CCDR, within 5 days from the date of the application or the date of the

delivery of the items requested in accordance with Article 11 (3)

4-At the end of the deadline for the promotion of consultations, the person concerned may

request the pass of certificate of that promotion, to which it will be issued by the chamber

municipal or by CCDR within eight days.

5-If the certificate is negative, the person concerned may directly promote the consultations

that no hajam has been carried out or ask the administrative court to inteam the

city hall or the CCDR to do so, pursuant to Art. 112 of the present

diploma.

Article 36-The

Administrative act

1-Elapsed the time limit provided in the previous article without prior communication having

has been rejected, is made available in the computer system provided for in Article 8.

information that the communication was admitted.

2-A The provision referred to in the preceding paragraph is worth as a practice of the act

administrative admission of admission of prior communication.

3-After the admission of the prior communication, the person concerned may initiate the works,

by making the payment of the fees due through autoliquidation beforehand.

66

Article 48-The

Changes to the operation of loteeing the subject of prior communication

Without prejudice to the provisions of the previous article, the amendment of loteeing operation

admitted to the subject of prior communication can only be submitted if it is demonstrated

the non-opposition of most of the owners of the constant lots of the communication.

Article 80-The

Information on the beginning of the work and the responsible for the same

1-Within 5 days of the commencement of the proceedings, the prosecutor informs the chamber

municipal from that beginning, communicating also the identity of the person, singular or

collective, tasked with the execution of them.

2-A person charged with the execution of the works is obliged to the exact execution

of the projects and the respect for the conditions of the licensing or prior communication.

Article 89-The

Prohibition of deterioration

1-The owner cannot, dolly, provoke or aggravate a foul situation

of safety or of salubrity, provoke the deterioration of the building or damage the

your aesthetic arrangement.

2-Presumse, unless otherwise proven, there is a violation by the owner of the

provisions of the previous number in the following situations:

a) When the building, finding it fully or partially disclenching, has

only the vans of the upper floor or of the unguarded upper floors;

b) When they are missing decorative elements, particularly cantaries

or relevant tile coating, in areas of the edification that are not

accessible by passers-by, being patented that such a lack result from acting

human.

67

Article 101-The

Legitimacy for the complaint

1-Any person has legitimacy to communicate to the city hall, to the

Prosecutor's Office, to the orders or professional associations, to the Institute of Construction

and of the Real estate, I. P. or other competent entities the violation of the standards of the

present diploma.

2-They are not admitted to anonymous complaints. "

Article 3.

Abrogation standard

Articles 19, 28 to 33, 40 and 128 of the Decree-Law No. 555/99, are repealed.

December 16.

Article 4.

Republication

It is republished, in annex, which forms an integral part of the present decree-law, the Decree-

Law No. 555/99 of December 16, with the current wording.

Article 5.

Autonomous Regions

The scheme provided for in this diploma shall apply to the Autonomous Regions, without prejudice to the

legal diploma that proceeds to the necessary adaptations.

Article 6.

Transitional arrangements

1-To the works of building and loosing operations, urbanization works and

remodeling works of land whose licensure process decorates in the

respective municipal chamber at the date of the entry into force of this diploma is

applicable the previously beholdant regime, without prejudice to the provisions of the number

68

next.

2-A The application of the person concerned, the chairman of the city hall may authorize

that to the ongoing procedures applies to the constant scheme of this diploma,

determining what the procedure of prior control to which the procedure is

subject, taking into account the provisions of Articles 4 and 6.

3-Until the establishment, in accordance with Article 43 (2), of the parameters for the

dimensioning of the areas referred to in paragraph 1 of the same article, continue the

same to be fixed by porterie of the member of the Government responsible for the

planning of the territory.

4-As long as the computer system is not in operation, the procedures

may resort to the tramway on paper.

5-As long as the present regime is not the subject of adaptation to the Autonomous Regions

of the Azores and Madeira, all external consultations provided for in Article 13-A are

promoted by the city hall or the applicant.

6-As long as the computer system is not in operation, the procedures

may resort to the tramway on paper, the application provided for in paragraph 6 of the

article 9 being accompanied by duplicate, the copying being returned to the applicant or

communicant after it has affixed note, dated, from the reception of the original

Article 7.

Entry into force

This Law shall come into force 180 days after its publication.

Seen and approved in Council of Ministers of June 14, 2007

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

69

Annex I

Republication of the Decree-Law No. 555/99 of December 16

Legal regime of urbanization and edification

CHAPTER I

Preliminary provisions

Article 1.

Subject

The present diploma establishes the legal regime of urbanization and edification.

Article 2.

Definitions

For the purposes of this diploma, it is understood to be:

a) Edification: the activity or the result of the construction, reconstruction, magnification,

alteration or conservation of an immovable intended for human use, as well as of

any other construction that incorporates on the ground with a permanence character;

b) Works of construction: the works of creation of new edifices;

c) Reconstruction works without preservation of the facades: the construction works

subsequent to the total or partial demolition of an existing edifice, of which

result in the reconstitution of the structure of the facades, the cércea and the number of floors;

d) Works of magnification: the works of which will result in the increase of the pavement area or

implantation, the cércea or the volume of an existing edifice;

e) Change works: the works of which result in the modification of the physical characteristics

of an existing edifice or its fraction, specifically the respective structure

resistant, the number of fires or interior divisions, or the nature and color of materials

of outer coating, with no increase in pavement or implantation area or

of the cercea;

f) Conservation works: the works intended to maintain an edification in the conditions

existing at the date of its construction, reconstruction, enlargement or alteration,

in particular the works of restoration, repair or cleaning;

g) demolition works: the works of destruction, in whole or in part, of an edification

70

existing;

h) Works of urbanization: the works of creation and remodeling of infrastructures

intended to serve directly the urban spaces or the buildings,

particularly road and pedal washer, sewerage and supply networks

of water, electricity, gas and telecommunications, and still green spaces and other

spaces of collective use;

i) Lotting operations: the actions that have as an object or by effect to

constitution of one or more batches intended, immediate or subsequently, to the

urban edification, and that results from the division of one or several buildings, or its

repairing;

j) Urban operations: the material operations of urbanization, of erection,

use of buildings or soil, provided that, in the latter case, for purposes not

exclusively agricultural, animal husbandry, forestry, miners or public supply

of water;

l) Work remodeling of land: urbanistic operations do not

understood in the previous paragraphs involving the destruction of the coating

vegetable, the alteration of the natural relief and the layers of arable soil or the topsoil of

tall or in massive trees for non-exclusively agricultural purposes,

livestock, forest or miners.

m) Works of scant urban relevance: the works of edification or demolition that,

by its nature, size or location have scarce urbanistic impact.

n) Reconstruction works with preservation of the facades: the construction works

subsequent to the demolition of part of an existing edifice, preserving the

main facades with all its non-dissonant elements and of which no

result uplift with cércea superior to that of the highest confining edifices.

o) Consolidated urban zone: zone characterized by an occupancy density that

allows to identify an already defined urban fabric or structure, where there are the infra-

essential structures and where the alignments of the plans are defined

marginals by buildings in continuity.

71

Article 3.

Municipal regulations

1-In the exercise of its own regulatory power, municipalities approve

municipal regulations of urbanization and or of building, as well as regulations

concerning the launch and settlement of the fees and the provision of surety that, in the terms

of the law, be due to the realization of urban planning operations.

2-The regulations provided for in the preceding paragraph shall be aimed at

concretization and implementation of this degree, and may not contradde it

willing, and shall set the amounts of fees to be charged in the cases of admission of

prior communication and tacit deferrals, and may not these values exceed the

provided for the licensing or express act.

3-The drafts of the regulations referred to in paragraph 1 are submitted to the discussion

public, by no less than 30 days, prior to their approval by the organs

municipal.

4-The regulations referred to in paragraph 1 are the subject of publication in the 2 th series of the

Journal of the Republic, without prejudice to the other forms of publicity provided for in the law.

CHAPTER II

Prior control

SECTION I

Scope and competence

Article 4.

License

1-A realization of urban planning operations depends on prior leave, on the terms and

with the exceptions set out in this section.

2-Are subject to administrative leave:

a) the loteing operations;

b) The urbanization works and the remodeling works of land in area no

covered by lotement operation;

c) Construction, alteration and extension works in area not covered by

72

lotion operation;

d) The works of reconstruction, magnification, alteration, conservation or demolition of

classified real estate, or in classification routes, and the construction works,

reconstruction, enlargement, alteration, conservation or demolition of situated real estate

in classified real estate protection areas, as well as integrated real estate

on sets or classified sites, or in areas subject to administrative servitude

or restriction of public utility;

e) the reconstruction works without preservation of the facades;

f) The demolition works of the buildings which do not find themselves provided for on leave

of reconstruction works;

g) The remaining urbanistic operations that are not exempt from licence, under the terms

of the present diploma.

3-A subjecting the licensing of the acts of repairing the property of which

result plots not intended immediately the urbanization or building depends

of the will of the owners.

Article 5.

Competence

1-A The granting of the licence provided for in paragraph 2 of the preceding Article shall be the competence of the

city hall, with faculty of delegation in the president and of subdelegation

of this in the aldermen.

2-[repealed]

3-A The approval of the prior information regulated in this diploma is from the

competence of the municipal chamber, and may be delegated to its chairman, with

faculty of subdelegation in the aldermen.

4-[repealed]

Article 6.

Exemption of leave

1-Without prejudice to the provisions of paragraph 4 (d) of Article 4, they are exempt from

license:

a) The conservation works;

73

b) The alterations in the interior of buildings or their fractions, other than those

classified real estate or in classification pathways, which do not imply modifications

in the structure of stability, the cércees, the shape of the facades and the shape of the

roofs;

c) reconstruction works with preservation of the facades;

d) the urbanization works and the remodeling works of land in area

covered by lotement operation;

e) the construction, alteration or extension works in area covered by

lotement operation or detail plan containing the referred elements

in points (c), (d) and (f) of Article 91 (1) of the Decree-Law No. 380/99, 22 of

September;

f) The construction, alteration or extension works in consolidated urban area ,

that respect the municipal plans and of which do not result edification with cércea

superior to the most frequent height of the edited front facades on the side of the

washer where it integrates the new edification, in the street trolling between the

two transversals closer together, to one and to another side;

g) The erection of swimming pools associated with main edification;

h) Changes to the use of the buildings, as well as the lease for purposes no

housing of unlicensed buildings or fractions, pursuant to paragraph 4 of the article

5. of the Decree-Law No. 160/2006 of August 8.

i) The works identified in Article 6;

j) The highlights referred to in the n. paragraphs 4 and 5.

2-[repealed]

3-Without prejudice to the provisions of Article 37 and in the special procedures that require

external consultation, the works referred to in points (c) to (h) of paragraph 1 shall be subject to the

prior communication regime.

4-The acts that have the effect of the highlight of a single plot of building with

predial description that is situated in urban perimeter are exempt from licence, since

that the two plots resulting from the highlight confront with public hoodlums.

5- In the areas outside the urban perimeters, the acts to which the number is referred

previous are exempt from leave when, cumulatively, if show complied with the

following conditions:

a) In the highlighted parcel is only constructed building that exclusively destine the

housing purposes and which has no more than two fires;

74

b) In the remaining parcel if it respects the minimum area fixed in the intervention project in

rural area in force or, when that does not exist, the area of culture unity

fixed in the terms of the general law for the respective region.

6-In cases referred to in paragraphs 4 and 5, it is not permitted to carry out, in the area

corresponding to the originating building, new highlight in the terms referred to therein by a

deadline of 10 years counted from the date of the previous highlight.

7-The conditioning of construction as well as the burden of non-fractionation,

provided for in paragraphs 4 and 5 shall be entered in the predial register on the plots

resulting from the highlight, without what cannot be licensed any work of

construction in these plots.

8-The willing in this article does not exempt the realization of the urbanistic operations in it

provided for the observance of the applicable legal and regulatory standards,

specifically the municipal plan constants and special planning plan

of the territory and the technical standards of construction.

9-A certificate issued by the municipal chamber, proving the verification of the

requirements of the highlight, constitutes document quite a lot for the purpose of predial registration

of the highlighted plot.

10-The acts that have the effect of the plot highlight with a predial description that if

situe in urban perimeter and outside of this must observe the provisions of paragraphs 4 and 5.

Article 6-The

Works of scant urbanistic relevance

1-Are works of scant urbanistic relevance:

a) The edifices, contiguous or not, to the main building, with height not

greater than 2.20 metres or, alternatively, to the cércea of the floor's rés-of-the-floor

main, with area equal to or less than 10 m2 and which do not confine with the via

public.

b) The erection of fence walls up to 1.80 metres in height that do not confine

with the public route and land support walls up to a height of 2 metres

or that do not significantly change the topography of existing land;

c) The erection of garden greenhouses with height of less than 3 metres and equal area

or less than 20m2;

d) The small works of arrangement and improvement of the surrounding area of the

75

editions that do not affect area of the public domain;

e) The erection of lurid or leisure equipment associated with edification

main with area lower than the latter.

f) the demolition of the edifices referred to in the previous paragraphs.

g) Other works, as such qualid in municipal regulation.

2-Except for the provisions of paragraph 1, the works in classified real estate of interest

national or public interest and in their respective protection zones.

3-The municipal regulation referred to in point (g) of paragraph 1 may establish

limits in addition to those provided for in points (a) to (c) of the same number.

4-A The predial description may be updated upon declaration of achievement of

works of scant urban relevance in the terms of this diploma.

Article 7.

Urban planning promoted by the Public Administration

1-Are also exempt from licence:

a) The urban planning operations promoted by local authorities and their associations

in area covered by municipal planning plan of the territory;

b) The urbanistic operations promoted by the State relating to equipment or

infrastructure for the installation of public services or allocated to direct use

and immediate from the public, without prejudice to the provisions of paragraph 4;

c) The works of erection or demolition promoted by the public institutes that

have for specific assignments the safeguarding of cultural heritage or the

promotion and management of the state housing stock and which are directly

related to the pursuit of these assignments;

d) The works of edification or demolition promoted by public entities that

have for specific assignments the administration of the port areas or the

railway or airport public domain, when carried out in the respective area of

jurisdiction and directly related to the pursuit of those assignments;

e) The works of building or demolition and the works promoted by entities

dealerships of public works or services, when they reconduct themselves to the pursuit

of the object of the concession.

f) The urbanistic operations promoted by public companies relatively to

business and similar parks, particularly areas of business location,

76

industrial and logistics areas.

2-A implementation of the urban planning operations provided for in the preceding paragraph, with

exception of those promoted by municipalities, shall be subject to prior opinion not

binding of the city hall, which must be issued within 20 days of counting

of the date of receipt of the respective application.

3-The loosing operations and the urbanization works promoted by the

local authorities and their associations in area not covered by municipal plan of

spatial planning must be authorized in advance by the assembly

municipal, after submitted to the non-binding prior opinion of the Commission of

Coordination and Regional Development (CCDR), to which it is to pronounce on the

period of 20 days from the receipt of the respective application.

4-The loosing operations and urbanization works promoted by the State

must be previously authorized by the minister of guardian and the minister

responsible for the planning of the territory, after hearing the city hall, the

which one is to pronounce within 20 days of receipt of the respective application.

5-The loosing operations and the urbanization works promoted by the

local authorities and their associations or by the state, in area not covered by plan

of urbanization or plan of detail, are subjected to public discussion, in the

terms set out in Article 77 of the Decree-Law No. 380/99 of September 22,

with the necessary adaptations, except with regard to the periods of notice and

duration of the public discussion which are respectively 8 and 15 days.

6-A The realization of the urban planning operations provided for in this article shall observe the

legal and regulatory standards that are applicable to them, specifically the

constants of instrument of territorial management, of the legal regime of protection of the

cultural heritage, from the legal regime applicable to the management of construction waste and

demolition, and the technical standards of construction.

7-To the realization of the urban planning operations provided for in this article shall apply as yet,

with due adaptations, the provisions of articles 10, 12 and 78.

SECTION II

Forms of procedure

SUBSECTION I

General provisions

77

Article 8.

Procedure

1-Prior control of urban planning operations obeys the forms of procedure

provided for in this section, and the special conditions of

licensing provided for in Section III of this Chapter.

2-Without prejudice to the powers of the procedure manager, the direction of the

instruction of the procedure competes with the mayor of the city hall, and may be

delegated to the councillors, with faculty of subdelegation in the service leaders

municipal.

3-Each procedure is accompanied by procedure manager, to whom it competes

ensure the normal development of the procedural springboard, accompanying,

notably, the instruction, fulfilment of deadlines, the provision of information and

the clarifications to those interested.

4-The receipt of the application submission for licensing, prior information

or prior communication contains the identification of the procedure manager, as well as

the indication of the place, the time and the way in which you can be contacted.

5-In case of replacement of the procedure manager, it is notified to the person concerned

identity of the new manager, as well as the elements referred to in the preceding paragraph.

Article 8-The

Computer system

1-A The stepping stone of the procedures provided for in this diploma is carried out

informatically, with recourse to a computer system of its own, which it allows,

particularly:

a) the delivery of applications and communications;

b) The consultation by the interested state of the procedures;

c) Submission of the procedures to be consulted by external entities to the

municipality.

(d) make available information regarding prior communication procedures

admitted for the purpose of predial and matrix registration.

2-The informatics system provided for in this article is the subject of joint poring of the

78

members of the Government responsible for justice, local administration and

planning of the territory.

3-A presentation of applications, other elements and the realization of

communications via electronic means must be instructed with signature

qualified digital.

Article 9.

Application and communication

1-Unless otherwise provided, the procedures provided for in this diploma

initiate through application or communication presented with recourse to

electronic means and through the system provided for in the previous article, addressed to the

chair of the city hall, of which they must record the identification of the

applicant or communicant, including the domicile or registered office, as well as the indication of the

quality of holder of any right that confers you the faculty of carrying out the

urbanistic operation.

2-Of the application or communication also appears as an indication of the application or

object in clear and precise terms, identifying the type of urbanistic operation a

carry out by reference to the provisions of Article 2, as well as the respective location.

3-When it respects to more than one of the types of urban planning operations referred to in the

article 2 directly related, all operations must be identified

covered, applying in this case the form of procedure corresponding to each

type of operation, without prejudice to the tramway and joint appreciation.

4-The application or communication is accompanied by the planned instructory elements

in portaria approved by the ministers responsible for the public works and the

spatial planning, in addition to the documents specially referred to in the

present diploma.

5-[repealed]

6-With the submission of application or communication by electronic means is

issued receipt delivered by electronic means.

7-In the initial application may the person concerned request the indication of the entities

that, under the law, they should issue opinion, authorization or approval relatively

to the application submitted, by sendoating such notified within 15 days, save for rejection

Preliminary injunction of the application under the provisions of Article 11 para.

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8-The manager of the procedure records in the proceedings the subsequent joining of any

new documents and the date of the consultations to entities outside the municipality and the

receipt of the respective responses, where appropriate, as well as the date and content

decisions of the municipal bodies.

9-A the replacement of the applicant or communicant, of the person responsible for any of the

projects submitted to or from the technical director of the work must be communicated to the manager

of the procedure for the latter to proceed to the respective aversion in the period 15

days from the date of the replacement.

Article 10.

Term of liability

1-The application or communication is always instructed with statement by the authors

of the projects, from which it is observed that they have been observed in the elaboration of the same

applicable legal and regulatory standards, specifically the technical standards of

construction in force, and of the coordinator of the projects, which attests to the compatibility

between the same.

2-Of the statements mentioned in the preceding paragraph shall, as yet, appear

reference to the compliance of the project with the municipal planning plans

territory applicable to the claim, as well as with the loteeing licence, when

exists.

3-Without prejudice to the provisions of the following number and in special legislation, they may only

subscribe to projects the legally enabled technicians who find themselves enrolled

in public association of a professional nature and to make proof of the validity of your

enrolment when submitting the initial application.

4-Technicians whose activity is not covered by public association may

subscribe to the projects for which they possess appropriate habilitation, under the terms of the

provisions of the professional qualification regime required of the responsible technicians

by the drafting and underwriting of projects or in special legislation concerning

legally recognized public body.

5-The authors and coordinator of the projects must declare, in particular in the

situations provided for in Article 60, which technical or regulatory standards in

vigour that have not been observed in the elaboration of the same, substantiating the

reasons for their non-observance.

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6-Whenever irregularities are found in the terms of liability, in the

which respects the applicable legal and regulatory standards and compliance of the

project with the municipal plans for land use planning or leave of

lotement, when there is, should the same be communicated to the public association

of a professional nature where the technician is registered or the public body

legally recognized in the case of technicians whose activity is not covered by

public association.

Article 11.

Sanitation and liminal appreciation

1-Compete to the mayor of the city hall, for his initiative or by appointment

of the procedure manager, decide the issues of formal and procedural order which

may preclude the knowledge of any application or communication presented in the

scope of this diploma.

2-The chairman of the city hall proffers dispatch dispatch of the

application, within eight days of the respective submission, whenever the

application or communication do not contain the identification of the applicant or

communicant, of the application or location of the urban planning operation to be carried out, well

as in the case of lacking the required instructional document that is indispensable to the

knowledge of the claim and the lack of which cannot be made officiously suppressed.

3-In the hypothesis provided for in the preceding paragraph, the applicant or communicant is

notified to, within 15 days, correct or complete the application by staying

suspended the ulterior terms of the procedure, under penalty of liminal rejection.

4-Within 10 days of the submission of the application or communication, the

chairman of the city hall may also provide dispatch of rejection

liminality, officiously or by appointment of the procedure manager, when of the

analysis of the instructing elements results that the request is manifestly contrary

to applicable legal or regulatory standards.

5-Non-occurring liminal rejection, or invitation to correct or complete the application or

communication, within the time specified in paragraphs 2 and 4, it is presumed that the application or

communication if they are correctly instructed.

6-Without prejudice to the provisions of the preceding paragraphs, the manager of the procedure shall

make it known to the mayor of the city hall, until the final decision, any

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issue that prejudges the normal development of the procedure or prevents the

decision making on the subject matter of the application, namely the illegitimacy of the

applicant and the expiry of the right to be exercised.

7-Unless with respect to the consultations referred to in Article 13, if the final decision

depend on the decision of an issue that is the competence of another body

administrative or the courts, must the mayor of the city hall suspend the

procedure until the organ or the competent court has pronounced, notifying the

applicant of that act, without prejudice to the provisions of Article 31 (2) of the Code of the

Administrative Procedure.

8-Without prejudice to the provisions of the preceding paragraph, the person concerned may apply for

continuation of the procedure in alternative to suspension, by staying the final decision

conditioned, in its implementation, to the decision that comes to be delivered by the organ

administrative or competent court.

9-Havendo rejection of the application or communication, pursuant to this Article, the

interested that present new order or communication for the same end is

dispensed from putting together the previously used documents that remain

valid and suitable.

10-The mayor can delegate to the councillors, with faculty

of subdelegation or in the leaders of municipal services, the skills referred to

in paragraphs 1 a to 4 and the following number.

11-When it occurs that the urbanistic operation to which it respects the application or

communication does not integrate into the type of procedure indicated, the applicant or

communicant is notified, within 15 days of the submission of that

application, for the following effects:

a) In the event that the indicated procedure is simpler than the applicable one, to, in

30 days, declare if it intends for the procedure to proceed in the form legally

expected, and should, if so, and in the same time frame, bring together the elements that

are missing, under penalty of being dismissed from the application;

b) In the event that the indicated procedure is more demanding than the applicable, take

knowledge of the officious conversion of the procedure to the legally

expected;

c) In the event that the urban planning in question is waived on leave or

prior communication, take notice of the extinction of the procedure.

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Article 12.

Advertising of the application

The application for licensing or prior planning communication of urban planning, must

be advertised in the form of notice, according to the model approved by the minister

responsible for the planning of the territory, to be placed at the place of the

operation in a visible way from the public route, within 10 days of the submission

of the initial application or communication.

Article 13.

Consultation with external entities

1-A consultation with entities which, under the law, should issue opinion, authorization

or approval on the application is promoted by the procedure manager and is carried out

simultaneous, through the informatics system provided for in Article 8.º-A.

2-In the cases provided for in the following article, the manager of the procedure communicates the

request, with the identification of the entities to be consulted, to the CCDR.

3-The external entities to the municipality pronounced exclusively in the framework

of your assignments and competences.

4-Consulted entities must pronounce no later than 20 days from the date

of making available the process.

5-There is considered to be concordance from those entities with the pretension formulated

if the respective opinions, authorisations or approvals are not received within

of the time limit set in the preceding paragraph.

6-The opinions of the entities outside the municipality only have binding character

when such a result of the law, as long as it is founded on legal conditionings or

regulatory and are received within the time frame.

7-Are fixed in own diploma the projects of specialty engineering and the

technical certifications that lack consultation, approval or opinion, internal or

external, as well as the terms in which they take place.

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Article 13-The

Opinion, approval or location authorization

1-A consultation of entities of the central, direct or indirect administration, which if

should pronounce on the urbanistic operation on the grounds of the location, is carried out

through a single coordinating entity, the territorially competent CCDR, the

which issues a global and binding decision of the entire central administration.

2-A CCDR identifies, within five days of the receipt of the elements

through the system provided for in Article 8-A, the entities that under the law should

issue opinion, approval or location authorization, promoting within that

term the respective consultation, to be carried out simultaneously and with recourse to the said

computer system.

3-Consulted entities must pronounce within 20 days, or 40 days

dealing with work relating to immovable of national interest or public interest,

without possibility of suspension of the procedure.

4-In case there are no divergent positions among the entities consulted, the CCDR

take the final decision within 5 days from the end of the deadline provided in the number

previous.

5-Case there are divergent positions among the entities consulted, the CCDR

promotes a decisional conference and makes final favorable, favorable decision

conditioned or unfavorable within 20 days.

6-In the operative conference referred to in the preceding paragraph the entities consulted

are represented by persons with powers to bind them.

7-Not being possible to obtain the position of all entities, on the grounds of lack of

comparency of some representative or for having been subjected to any appreciation

new issue, the proceedings of the conference can be suspended for a period

maximum of 5 days.

8-When CCDR does not adopt position favorable to an urbanistic operation by

this being dislike with instrument of territorial management, can the CCDR, when the

operation if reviewed of particular regional or local relevance, by its initiative or the

request from the municipality, respectively, to propose to the Government the approval in

resolution of the Council of Ministers of the amendment, suspension or ratification, total or

partial, of plan of its competence with respect to which the disconformity is

checks.

84

9-When the decision is delivered in the sequence of decisional conference, the

opinions issued have non-binding nature, regardless of their

classification in special legislation.

10-The decision procedure of the central administration provided for in the figures

previous is the subject of the porterie of the members of the Government responsible for the

spatial planning and by the local administration.

Article 13-B

Prior consultations

1-The interested in the consultation to external entities may request the

opinions, authorisations or legally required approvals from the entities

competent, delivering them with the initial application or with the communication

prior, in which case there is no new consultation since, up to the date of

presentation of such a request or communication in the city hall, there is no elapse

more than one year since the issuance of the issued opinions, permits or approvals

or provided that, if this period has been exhausted, they have not been verified

changes in the assumptions of fact or law in which they were based.

2-For the effects of the preceding paragraph, should any of the entities consulted not

if there is pronounced within the deadline, the initial application or prior communication

can be instructed with proof of the solicitation of the queries and statement of the

applicant or communicant that the same were not issued within that

deadline.

3-Not having the person concerned promoted all the necessary consultations, the manager of the

procedure promotes the consultations to which there is place or, where applicable, communicates

the application to CCDR, within 5 days from the date of the application or the date of the

delivery of the items requested in accordance with Article 11 (3).

4-At the end of the deadline for the promotion of consultations, the person concerned may

request the pass of certificate of that promotion, to which it will be issued by the chamber

municipal or by CCDR within eight days.

5-If the certificate is negative, the person concerned may directly promote the consultations

that no hajam has been carried out or ask the administrative court to inteam the

city hall or the CCDR to do so, pursuant to Art. 112 of the present

diploma.

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SUBSECTION II

Prior information

Article 14.

Request for prior information

1-Any interested may ask the city hall, in advance, for information

on the feasibility of carrying out certain urbanistic or joint operation of

directly related urbanistic operations, as well as on the respective

legal or regulatory constraints, particularly relating to below-

structures, administrative servitude, and public utility constraints, indexes

urbanistic, cércees, departments and too much conditioners applicable to the pretension.

2-When the application respects the operation of lotement, in area not covered by

plan of detail, or the construction, extension or alteration work in area no

covered by detail plan or loteeing operation, the person concerned may

require the prior information to specifically take into account the following aspects,

as a function of the intended information and the elements presented:

a) The volumetric, alignment, cércea, and implantation of the edification and the walls of

gasket;

b) Conditioners for an appropriate formal and functional relationship with the

engaging;

c) Program of use of the buildings, including the gross construction area a

affect to the various uses and the number of fires and other units of use;

d) local infrastructure and connection to general infrastructure;

e) Estimation of urbanistic charges due;

f) Yielding Areas intended for the implantation of green spaces, equipments of

collective use and viary infrastructure.

3-When the person concerned is not the owner of the building, the request for information

prior includes identification of that good as well as holders of any other right

real about the building, through a certificate issued by the conservatory of the predial register.

4-In the case provided for in the preceding paragraph, the municipal chamber shall notify the

owner and the remaining holders of any other real right over the building of the

opening of the procedure.

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Article 15.

Consultations in the context of the prior information procedure

In the context of the prior information procedure there is room for external consultations in the

terms of Articles 13, 13-A and 13-B, to entities whose opinions, authorizations or

approvals conditional, in the terms of the law, the information to be provided, where such

consultation should be promoted in an eventual application for licensing or presentation

of prior communication.

Article 16.

Decision

1-A The municipal chamber decides on the request for prior information within 20

days or, in the case provided for in Article 14 (2), within 30 days counted from:

a) of the date of receipt of the application or of the items requested pursuant to paragraph 3 of the

article 11; or

b) From the date of receipt of the last of the opinions, permits or approvals issued

by the entities outside the municipality, when there has been place for consultations; or

still

c) of the expiry of the deadline for the receipt of opinions, authorisations or approvals,

whenever any of the entities consulted do not address up to that date.

2-The opinions, authorisations or approvals issued by the external entities to the

Municipality are obligatorily notified to the applicant together with the

prior information approved by the municipal chamber, of it being an integral part.

3-A city hall indicates always, in the favourable information, the procedure of

prior control to which it is subject to the realization of the urbanistic operation

designed, in accordance with the provisions of Section I of Chapter II of this diploma.

4-In the event that the information is unfavorable, it must appear in the indication of the

terms in which the same, where possible, may be revised in form to be

fulfilled the applicable urbanistic prescriptions, specifically the constants of

municipal land-use planning or lotion operation plan.

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Article 17.

Effects

1-A favourable prior information links the competent entities in the decision on

an eventual application for the licensing or submission of prior communication of the

urbanistic operation to which it respects and, when handed down in the terms of the nº.2 of the article

14., shall have the effect of the subjection of the urbanistic operation concerned, to be carried out in the

exact terms that was appreciated, to the regime of prior communication and dispensation to

realisation of new external consultations.

2-The possible application for licensing or submission of prior communication

provided for in the preceding Article shall be carried out within one year after the decision

favourable request for prior information and, in the case of planned in the final part of the n.

1, it is accompanied by statement by the authors and coordinator of the projects that the

urbanistic operation respects the constant limits of the decision of the information.

3-Elapsed the time limit set in the preceding paragraph, the particular may apply to the

speaker of the chamber the statement that they hold the assumptions of fact and of

right that led to the previous favourable decision, and should the same decide on the deadline

of 20 days and running new deadline of one year to make the submission of applications

of licensing or prior communication if the assumptions remain or if

the mayor of the city hall has not responded within the legally foreseen time frame.

4-Do not suspend the licensing procedures or prior communication

required or presented with support in prior information in the areas to be covered

by new urbanistic rules, municipal or special plan constants of

spatial planning or its review, as of the date set for the beginning of the

public discussion and up to the date of the entry into force of that instrument.

SUBSECTION III

License

Article 18.

Scope

1-Obeys the procedure regulated in this subsection the appreciation of the

requests relating to the urban planning operations provided for in Article 4 (2)

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2-[repealed].

Article 19.

[revoked]

Article 20.

An appreciation of the projects of edification works

1-A appreciation of the design of architecture, in the case of application for licensing

relating to works provided for in points (c), (d), (e), (f) and (g) of Article 4 (2), focuses

on their compliance with municipal planning plans in the territory,

special plans for spatial planning, preventive measures, area of

priority urban development, priority construction area, servitude

administrative, public utility restrictions and any other legal standards and

regulatory for the exterior aspect and the urban and landscape insertion of the

edifices, as well as on the proposed use.

2-For the effects of the preceding paragraph, the appreciation of the urban insertion of the

edifices is carried out in the formal and functional perspective, taking the attention of the

edited existing, as well as the surrounding public space and infrastructures

existing and anticipated.

3-A town hall deliberates on the draft architecture within 30 days

counted from:

a) of the date of receipt of the application or of the items requested pursuant to paragraph 3 of the

article 11; or

b) From the date of receipt of the last of the opinions, permits or approvals issued

by the entities outside the municipality, when there has been place for consultations; or

still

c) of the expiry of the deadline for the receipt of opinions, authorisations or approvals,

whenever any of the entities consulted do not address up to that date.

4-The person concerned shall present the engineering projects of the specialties

necessary for the implementation of the work within six months of the notification of the act

which approved the draft architecture, if it did not submit such projects

with the initial application.

5-The mayor will be able to extend the period referred to in the preceding paragraph by

89

one time and for a period not exceeding three months, upon application

reasoned submitted before the respective term.

6-A lack of presentation of the projects of specialty engineering on the deadline

set out in paragraph 4, or in that which result from the extension granted in the terms

of the preceding paragraph, implies the suspension of the licensing process for the period

maximum of 6 months, finishes which is declared to lapse after prior hearing of the

interested.

7-[repealed]

8-The statements of responsibility of the authors of the projects of the engineering of

specialties that are enrolled in public association constitute guarantee

quite a lot of compliance with the legal and regulatory standards applicable to the

projects, excluding their prior assessment, saved when the statements are

formulated in accordance with Article 10 (5).

Article 21.

An appreciation of loosing projects, urbanization works and works of

remodeling of land

The appreciation of the loteeing projects, works of urbanization and the work of

remodelling of land by the municipal chamber focuses on its compliance with

municipal land-use planning plans, special planning plans

territory, preventive measures, priority urban development area, area of

priority construction, administrative servitude, public utility constraints and

any other applicable legal and regulatory standards, as well as on the use and

urban and landscaping integration.

Article 22.

Public consultation

The municipalities may determine, by means of municipal regulation, the preview

suject the public discussion the licensing of loteing operations with

significant urbanistic relevance.

90

Article 23.

Final deliberation

1-A The municipal chamber deliberates on the application for licensing:

a) Within 45 days, in the case of operation of lotement;

b) Within 30 days, in the case of urbanization works;

c) Within 45 days, in the case of works provided for in points (c) and (d), (e), (f) and (g) of the n.

2 of Article 4;

d) [revoked]

2-[repealed]

3-The time limits provided for in points (a) and (b) of paragraph 1 shall be counted as:

a) of the date of receipt of the application or of the items requested pursuant to paragraph 3 of the

article 11;

b) From the date of receipt of the last of the opinions, permits or approvals issued

by the entities outside the municipality, when there has been place for consultations; or

still

c) of the expiry of the deadline for the receipt of opinions, authorisations or approvals,

whenever any of the entities consulted do not address up to that date.

4-The time limit set out in paragraph 1 (c) shall be:

a) From the date of the presentation of the projects of specialty engineering or the date

of the approval of the draft architecture, if the person concerned has presented them

together with the initial application; or

b) When there is the consultation of external entities, as of the date of receipt of the

last of the opinions, authorizations or approvals; or still

c) of the expiry of the deadline for the receipt of opinions, authorisations or approvals,

whenever any of the entities consulted do not address up to that date.

5-When the application for the licensing of urbanization works is submitted in

concurrent with the application for the licensing of loteeing operation, the deadline

provided for in paragraph 1 (b) is due to the deliberation approving the request for

lotting.

6-In the case of the works provided for in points (c), (d) and (e) of Art. 4 (2), the chamber

municipal may, the application of the person concerned, approve a partial permit for

construction of the structure, immediately after the delivery of all the projects of the

specialty engineering and provided that the approved project is approved

91

architecture and provided surety for demolition of the structure to the floor of smaller quota

in case of improper.

7-In the cases referred to in the preceding paragraph, the deferrous of the application for leave

partial gives way to the emission of alvshall.

Article 24.

Dismissal of the application for licensing

1-The application for licensing is undue when:

a) Violate municipal planning of land use planning, special plan of

spatial planning, preventive measures, area of urban development

priority, priority construction area, administrative servitude, restriction of

public utility or any other applicable legal and regulatory standards;

b) Exist statement of public utility for expropriation effects covering the

building the subject of the application for licensing, unless such a declaration has an end to

realization of the urban operation itself;

c) Tiver has been the subject of a negative opinion, or refusal of approval or authorization of

any entity consulted in the terms of this diploma whose decision is

binding on municipal bodies.

2-When the application for licensing is for the purpose of carrying out the operations

urbanities referred to in points (a) to (c), (d), (e) and (g) of Article 4 (2), the

improper may still take place on the grounds of:

a) The urban planning operation negatively affects the archaeological heritage,

historical, cultural or landscaped, natural or edited;

b) The urbanistic operation is demonstrably an overload

importable to existing general infrastructure or services or imply, to

the municipality, the construction or maintenance of equipment, the carrying out of work

or the provision of services by this unforeseen, specifically as to

wastewater and water supply networks, electrical energy or

sanitation.

3-[repealed]

4-When the application for licensing is for the purpose of carrying out the works

referred to in paragraph 2 (c) and (d) of Article 4 (2), may still be dismissed when the

work is likely to clearly affect the access and use of real estate

92

classified of national interest or public interest, the aesthetics of the stands, the

its proper insertion into the urban environment or the beauty of the landscapes,

in particular as a result of the disconformity with the dominant cércees, the

volumetric of the edifices and other prescriptions expressly provided for in

regulation.

5-The application for the licensing of the works referred to in point (c) of Article 4 (2)

must be dismissed in the absence of washer or infrastructure from

water supply and sanitation or if the projected work constitutes,

demonstrably, an unbeatable overload for existing infrastructures.

6-[repealed]

Article 25.

Reexamination of the application

1-When there is draft decision to dismiss with the fundamentals

referred to in paragraph 2 (b) and in paragraph 5 of the preceding article, there may be deferrous of the

application provided that the applicant, at the prior hearing, is committed to carry out the

necessary work or to assume the burdens inherent in its implementation, as well as

operating charges for infrastructure for a minimum period of 10

years.

2-[repealed]

3-In the event of a dewound pursuant to paragraph 1, the applicant shall, before the issue

of the alvshall, to conclude with the municipal chamber contract concerning compliance with the

obligations assumed and to provide adequate collateral, benefiting from reduction

proportional or exemption from the fees for realization of urbanistic infrastructure, in the

terms to be fixed in municipal regulation.

4-A the provision of the surety referred to in the preceding paragraph, as well as the implementation or

maintenance of the urbanization works that the person concerned undertakes to carry out or

the municipal chamber understands indispensable, must be mentioned expressly

as a condition of the dewound of the application.

5-The provision of the surety referred to in paragraph 3 applies, with the necessary adaptations,

the provisions of Article 54.

6-The charges to be borne by the applicant under the contract referred to in paragraph 3

must be proportional to the overload for existing infrastructure resulting from the

93

urbanistic operation.

Article 26.

License

The final deliberation of deferral of the application for licensing connates the

license for the realization of the urbanistic operation.

Article 27.

Changes to the licence

1-A The application of the person concerned, the terms and conditions of the person may be changed

license.

2-[repealed]

3-Without prejudice to the provisions of Article 48, the amendment of the operating licence of

lotion cannot be approved if written opposition from most of the

owners of the constant lots of the alvshall, and shall, to the effect, the manager of

procedure to proceed to your notification for pronunciation within 10 days.

4-A amendment to the licence complies with the procedure set out in the present

subsection, with the specialties set out in the following numbers.

5-It is waived the consultation of the outside entities to the municipality since the application

of change if in accordance with the assumptions of fact and right of opinions,

authorisations or approvals that have been issued in the procedure.

6-In the procedure of the amendment are used the documents set out in the

process that will remain valid and appropriate, promoting the city hall,

when necessary, the update of them.

7-A amendment of the licence gives way to addition to the alvshall, which, in the case of operation

of loosing, shall be communicated officiously to the conservatory of the predial register

competent for the purpose of averaging, containing the communication the elements in

that translates to change.

8-The changes to the loteeing permit, with or without variation in the number of lots,

that translates into the variation of the deployment or construction areas by 3%,

as long as they do not imply increase in the number of fires, change of parameters

urbanistics or constant uses of municipal planning of planning

94

territory, are approved by simple deliberation of the city hall, with dispensation

of any other formalities, without prejudice to the other legal provisions and

applicable regulations.

9-Except for the provisions of paragraphs 3 a to 6 the changes to the conditions of the licence that

to refer to the deadline for completion of the licensed urban planning operations or the

amount of the surety for guarantee of the urbanization works, which are governed by the

articles 53, 54 and 58.

SUBSECTION IV

Authorization

Article 28.

[Revoked]

Article 29.

[Revoked]

Article 30.

[Revoked]

Article 31.

[Revoked]

Article 32.

[Revoked]

Article 33.

[Revoked]

SUBSECTION V

Prior communication

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Article 34.

Scope

Complies with the procedure regulated in this subsection the carrying out of the operations

urbanities referred to in Article 6 (3)

Article 35.

Communication to the city hall

1-A The prior communication is addressed to the mayor of the city hall,

accompanied by the instructory elements set by the porterie referred to in para.

4 of Article 9, of a term of liability pursuant to Art. 10 and of the

specifications as referred to in Article 77 (1), with the effects provided for in its

n. 3.

2-The urban planning operations carried out under prior communication shall

observe the legal and regulatory standards that are applicable to them,

specifically the instrument constants of territorial management and the standards

construction techniques.

3-A The prior communication is accompanied by the instructory elements set by the

would porterie referred to in Article 9 (4), of an expiry of liability in the terms

of Article 10 and of the specifications referred to in Article 77.

Article 36.

Rejection of prior communication

1-Without prejudice to the provisions of Article 11º, within 20 days of the delivery of the

communication and too much of the elements referred to in the previous article, the President of

city hall must reject communication when it veris that the work violates the

applicable legal and regulatory standards, specifically the plan constants

municipal land-use planning, or the technical standards of construction in

vigour, or violates the existing terms of prior information.

2-The time frame specified in the preceding paragraph is 60 days when consultation is taken place

external entities.

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Article 36-The

Administrative act

1-Elapsed the time limit provided in the previous article without prior communication having

has been rejected, is made available in the computer system provided for in Article 8.

information that the communication was admitted.

2-A The provision referred to in the preceding paragraph is worth as a practice of the act

administrative admission of admission of prior communication.

3-After the admission of the prior communication, the person concerned may initiate the works,

by making the payment of the fees due through autoliquidation beforehand.

SUBSECTION VI

Special procedures

Article 37.

Urban planning operations whose project lacks approval from the central administration

1-The urban planning operations referred to in Article 4 and 6 whose project, pursuant to the

special applicable legislation, lack of approval from the central administration,

notably those relating to industrial ventures, establishments

commercials, precincts of public performances and amusements and those that take place

in rated real estate or in sorting routes and their respective areas of

protection are also subject to prior licence or communication, pursuant to the

provisions of this diploma.

2-Unless the provisions of special law, the municipal bodies may not approve

prior favorable information, nor to defer requests for leave or communications

previeways concerning urban planning operations provided for in paragraph 1, without the applicant

present document proving the approval of the central administration.

3-The deadlines for the city hall to decide on requests for information

prior, of licence or prior communication to urban planning operations provided for in paragraph 1

count as from the date of delivery by the applicant of the document referred to in the

previous number.

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Article 38.

Touristic ventures

1-Tourist ventures are subject to the legal regime of the operations of

lotion in cases where it is intended to carry out the legal division of the field in

lots.

2-In the situations referred to in the preceding paragraph, the provisions of the article shall not apply

41., and the loteing operation may be carried out in areas where the tourist use

is compatible with the provisions of valid territorial management instruments and

effective.

Article 39.

Prior authorization of location

Where the works are located in area that in the terms of plan of urbanization,

details plan or permit or prior loteing communication in force is

expressly affects the proposed use, the prior authorization of

location that, under the law, should be issued by the organs of the

central administration, without prejudice to the remaining permits or approvals required

by law relating to administrative servitude or restrictions of public utility.

Article 40.

[revoked]

SECTION III

Special conditions of licensing or prior communication

SUBSECTION I

Loteeing operations

Article 41.

Location

The lotting operations can only be carried out in areas located within the

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urban perimeter and on already urbanized land or whose urbanization is found to be

programmed in municipal planning of spatial planning.

Article 42.

Opinion of the Commission for Coordination and Regional Development

1-The licensing of loteeing operation that takes place in area not covered

by any municipal planning of land use planning is subject to opinion

favorable advance of the CCDR to which it applies with the necessary adaptations o

provisions of Article 13 (4) and 5.

2-The opinion of the CCDR is intended to evaluate the loteeing operation of the point of

view of the spatial planning and to check its articulation with the instruments

of territorial development provided for in the law.

3-The CCDR's opinion lapses within two years, unless, within that time limit,

it is licensed the operation of lotement, or, once sold out, do not exist

changes in the assumptions of fact and law in which the opinion is founded.

4-A submission of application in the terms referred to in Article 112 suspending the

term count referred to in the preceding paragraph.

Article 43.

Areas for green spaces and collective use, infrastructure and equipment

1-Lotting projects should provide for areas aimed at the deployment of

green spaces and collective use, viary infrastructure and equipment.

2-The parameters for the dimensioning of the areas referred to in the preceding paragraph

are those that are defined in municipal planning of spatial planning.

3-To aim at whether the loteing project respects the parameters to which it alludes the

previous number consider whether parcels of private nature to be allocated to those

purposes want the parcels to be ceding to the city hall under the following article.

4-Green and collective use spaces, viary infrastructure and

equipment of a private nature constitute common parts of the lots resulting from the

lotion operation and the buildings that in them come to be built and govern-

if by the provisions of Articles 1420 to 1438.-A of the Civil Code.

99

Article 44.

Cedencies

1-The owner and the remaining royal rights holders about the building loom cedem

free of charge to the municipality the plots for deployment of public green spaces

and equipment for collective use and infrastructure which, in accordance with the law and

the prior license or communication, should integrate the municipal domain.

2-For the purposes of the preceding paragraph, the applicant shall mark the areas of

ceding to the municipality in plant to deliver with the application for licensing or

prior communication.

3-Land parcels ceded to the municipality integrate into the municipal domain

with the issuance of the alvshall, or, in the situations provided for in Article 34, through

instrument of its own to be carried out by the municipal chamber's privative notary on the deadline

provided for in Article 36º (1), owing to the municipal chamber to define at the time of

receipt of the parcels allocated to the public and private domains of the municipality.

4-If the building to loom is already served by the infrastructure referred to in point (s)

(h) of Article 2 or not to be justified in the location of any equipment or space

public green in the said building, or still in the cases referred to in paragraph 4 of the article

previous, there is no place to any ceding for these purposes, however, the

owner thanks to the payment of a compensation to the municipality, in

cash or in kind, under the terms set out in municipal regulation.

Article 45.

Reversal

1-The transferor has the right of reversal on the parcels ceded in the terms of the article

previous whenever these are affected to the various purposes of those so that hajam was

ceded.

2-The exercise of the right of reversal provided for in the preceding paragraph applies, with the

necessary adaptations, the provisions of the Code of Expropriations.

3-In the alternative to the exercise of the right referred to in paragraph 1 or in the case of paragraph 9, the

vendor may require the municipality for compensation, to be determined on the terms

set out in the Code of Expropriations with reference to the end to which it is found

affects the plot, calculated at the date on which there could be place to reversion.

100

4-The plots which, in accordance with paragraph 1, have reverted to the transferor stay

subject to the same purposes to which they are supposed to be affected when they are yielding,

save when dealing with parcel to be allocated to the equipment of collective use,

owing in such a case it is to affect the green space, proceeding still to the averaging

of that fact in the respective alvshall and integration in the admission of prior communication.

5-The rights referred to in paragraphs 1 a to 3 may be exercised by the owners of,

at least one third of the lots constituted as a result of the operation of

lotting.

6-Havendo real estate built in the reversed installment, the court can order its

demolition, the application of the transferor, pursuant to the terms set out in Articles 37 and

following of Law No. 15/2002 of February 22.

7-The municipality is responsible for the damage caused to the owners of the real estate

referred to in the preceding paragraph, pursuant to the terms set out in the Decree-Law No. 48051, of

November 21, 1967, in the matter of unlawful acts.

8-The demolition provided for in paragraph 6 shall apply to the provisions of Articles 52 and below.

of Decree-Law No. 794/76 of November 5.

9-The right of reversal provided for in paragraph 1 shall not be exercised when the purposes of

ceded plots are amended under the provisions of Article 48 (1).

Article 46.

Management of infrastructure and green spaces and collective use

1-A The management of infrastructure and green spaces and collective use can

be entrusted to residents or groups of residents of the crowded and urbanized areas,

upon the conclusion with the municipality of cooperation agreements or contracts of

grant of the municipal domain.

2-Cooperation agreements may focus, inter alia, on the following

aspects:

a) Cleaning and hygiene;

b) Conservation of existing green spaces;

c) Maintenance of recreation and leisure equipment;

(d) surveillance of the area, so as to prevent its degradation.

3-concession contracts must be concluded whenever you intend to carry out

investments in equipment of collective use or fixed installations and not

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demountable in green spaces, or the maintenance of infrastructures.

Article 47.

Contract of concession

1-The principles to which they should subordinate the administrative contracts of

granting of the municipal domain referred to in the previous article are established

in a diploma of its own, in which the rules to be observed in regard to the term of

effective, content of the right of deprivative use, obligations of the concessionaire and the

municipality in connection with the realization of works, provision of services and maintenance of

infrastructure, guarantees to be provided and modes and terms of the kidnapping and termination.

2-A use of the areas granted in the terms of the previous number and the implementation

of the respective contracts are subject to the supervision of the municipal chamber, in the

terms to be established in the diploma referred to therein.

3-The contracts referred to in the preceding paragraph shall not, under penalty of nullity of the

respective clauses, prohibit the access and use of the space concessionated by part

of the public, without prejudice to the limitations to such access and use that are admitted

in the diploma referred to in paragraph 1.

Article 48.

Implementation of territorial planning instruments and other instruments

urbanistic

1-The conditions of the licence or prior communication of loteeing operation

may be amended on the initiative of the city hall, provided that such an amendment is

show necessary for the implementation of municipal planning of spatial planning, plan

special of spatial planning, area of priority urban development,

priority construction area or critical area of recovery and conversion

urbanistic.

2-A deliberation of the municipal chamber which determines the changes referred to in

previous Article number is duly substantiated and implies the issuance of new alvshall, and the

publication and submission to the record of this, at the expense of the municipality.

3-A The deliberation referred to in the preceding paragraph shall be preceded by the prior hearing of the

holder of the alvshall or communication and too much interested, who have the deadline of 30

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days to speak out on the draft decision.

4-A legal person who approves the instruments referred to in paragraph 1 that determine

directly or indirectly the damage caused to the holder of the alvshall and too much

interested, by virtue of the exercise of the faculty provided for in paragraph 1, is responsible

by the same in the terms set out in the Decree-Law No. 48051, 21 of

November 1967, in respect of liability for lawful acts.

Article 48-The

Changes to the operation of loteeing the subject of prior communication

Without prejudice to the provisions of the previous article, the amendment of loteeing operation

admitted to the subject of prior communication can only be submitted if it is demonstrated

the non-opposition of most of the owners of the constant lots of the communication.

Article 49.

Legal business

1-In the headings of snatching or other court documents, as well as in the

instruments relating to acts or legal business of which it results, direct or

indirectly, the constitution of batches pursuant to Article 2 (i), without

prejudice to the provisions of Articles 6 and 7, or the transmission of lots legally

constituted, shall appear the number of the alvshall or of the prior communication, the date of the

its issuance or admission by the city hall, expiry date and the certificate of the

predial record.

2-No public offices of first real estate transmission can be celebrated

built in the lots or autonomous fractions of such real estate without it being displayed,

before the notary, certificate issued by the city hall, voucher of the reception

provisional of the works of urbanization or certificate, issued by the city hall,

proving that the surety referred to in Article 54 is sufficient to guarantee the

good execution of the urbanization works.

3-Should urbanization works be carried out in the terms of Articles 84 and 85,

the scriptures referred to in the preceding paragraph may be celebrated upon display

of certifying, issued by the city hall, substantiation of the completion of such works,

duly executed in accordance with the approved projects.

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4-A display of the certificates referred to in paragraphs 2 and 3 is dispensed whenever the alvshall

of lotement has been issued under the Decrees-Leis n. ºs 289/73, from 6 of

June, and 400/84, of December 31.

Article 50.

Fractionation of rustic buildings

1-When fracking of rustic buildings applies the willing in the Decrees-Laws n. ºs

384/88, of October 25, and 103/90, of March 22.

2-The legal business of which results the fractionation or division of buildings

rustics are communicated by the intervening parties to the municipal chamber of the site of the

situation of the buildings, which promotes the communication of the same to the Institute

Portuguese Geographical.

3-A communication referred to in the preceding paragraph shall be made within 20 days

from the celebration of the business.

Article 51.

Registral information

1-The conservative of the predial register refers monthly to the CCDR, up to the day 15 of

each month, copy of the elements relating to loteeing operations and respective

attachments whose records have been required in the previous month.

2-[repealed]

Article 52.

Advertising for divestance

In advertising to the disposal of lots of land, of buildings or autonomous fractions

in them built, under construction or to build, it is mandatory to mention the number

of lotement or prior communication and the date of its issuance or

admission by the municipal chamber, as well as the respective shelf life.

SUBSECTION II

Works of urbanization

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Article 53.

Conditions and period of implementation

1-With the deliberation provided for in Article 26 or by means of municipal regulation

in the situations provided for in Article 34, the competent body for the licensing of the

works of urbanization establishes:

a) The conditions to be observed in the execution of the same, where the compliance is included

of the provisions of the scheme for the management of construction waste and demolition in them

produced, and the deadline for its completion;

a) The conditions to be observed in the execution of the same, where the compliance is included

of the provisions of the scheme for the management of construction waste and demolition in them

produced, and the deadline for its completion;

b) the amount of the collateral intended to ensure the good and smooth execution of the works;

c) The general conditions of the urbanization contract referred to in Article 55, if it is

case of this.

2-In the situations provided for in Article 34, the term of implementation shall be as fixed by the

interested, and may not, however, exceed the limits set by

municipal regulation.

3-The deadline set out in accordance with paragraph 1 (a) and paragraph 2 may be

extended the reasoned application of the person concerned, for a single time and by

period not more than half of the initial term, when it is not possible to complete the

works within the time frame for the established effect.

4-When the work finds itself in phase of finishes, it can still the president of the

city hall, the reasoned application of the person concerned, grant new

prolongation, upon payment of an additional to the rate referred to in paragraph 2 of the article

116., of amount to be fixed in municipal regulation.

5-The time limit referred to in paragraph 2 may still be extended as a result of amendment

of the license or prior communication admitted.

6-A extension of the term in the terms referred to in the preceding paragraphs does not give way

to the issue of new alvshall not to the presentation and admission of new communication

prior, and should be averaged in the existing alvwill or communication.

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7-The conditions of the license or prior communication of urbanization works may

be amended on the initiative of the city hall, in the terms and with the fundamentals

set out in Article 48 para.

Article 54.

Collateral

1-The applicant or communicant provides collateral designed to ensure the good and regular

execution of the urbanization works.

2-A The surety referred to in the preceding paragraph shall be provided in favour of the city hall,

upon autonomous bank guarantee to the first solicitation, mortgage on goods

real estate owned by the applicant, deposit in cash or insurance-collateral, owing

record of the title itself that the same is subject to updating pursuant to paragraph 4

and holds valid until the final reception of the urbanization works.

3-The amount of the surety is equal to the constant value of the budgets for execution

of the projects of the works to be implemented, eventually corrected by the city hall

with the issue of the licence, to which an amount may be increased, not more than 5%

of that value, intended to remunerate administration charges if it shows

necessary to apply the provisions of Articles 84 and 85.

4-The amount of the surety shall be:

a) Reforced, preceding reasoned deliberation of the municipal chamber, having in

attention to the correction of the value of the work by application of the legal rules and

regulatory for price revisions of works contracts

public, when it proves insufficient to ensure the completion of the proceedings, in

case of extension of the period of completion or as a consequence of sharp rise

in the cost of materials or salaries;

(b) Reduced, on the same terms, in accordance with the progress of the work

the application of the person concerned, which must be decided within 15 days.

5-The set of reductions made under the provisions of paragraph (b) of the number

previous may not exceed 90% of the initial amount of the collateral, the

remnant released with the definitive reception of the urbanization works.

6-The reinforcement or reduction of the surety, pursuant to paragraph 4, does not give way to the issuance of

new alvshall or the presentation and admission of new communication.

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Article 55.

Contract of urbanization

1-When the execution of urbanization works involves, by virtue of provision

legal or regulatory or by force of convention, more than one responsible, the

realization of the same can be the subject of an urbanization contract.

2-They are parties to the contract of urbanization, obligatorily, the municipality and the

owner and other holders of real rights over the building and, facultatively, the

companies that provide public services, as well as other entities involved in the

loosing operation or in the urbanization of it resulting in, inter alia

interested in the acquisition of the lots.

3-The contract of urbanization establishes the obligations of the contracting parties

concerning the implementation of the urbanization works and the responsibilities to which

become subject, as well as the deadline for fulfillment of those.

4-When there is place to the celebration of contract of urbanization, it will make mention

in the alvshall or communication.

5-Together with the initial application, communication and at any time of the

procedure up to the approval of the urbanization works, the interested can

present proposal for an urbanization contract.

Article 56.

Execution by phases

1-The person concerned may apply for the execution by stages of the urbanization works,

identifying the works included in each phase, the corresponding budget and the

deadlines within which it is proposed to apply for the respective licence.

2-The application referred to in the preceding paragraph shall be submitted with the application

of loosening licensing, or, when the urbanization works do not integrate

in the operation of lotement, with the application for licensing of them.

3-Each phase shall have internal coherence and correspond to a area of the area to be loom

or urbanize that can function autonomously.

4-The application is decided within 30 days of the date of its

presentation.

5-Admitting the execution by phases, the alvshall covers only the first stage of the works

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of urbanization, implicating each subsequent phase an addition to the alvshall.

6-When it deals with operation carried out under prior communication, the

interested identifies in the communication the phases in which it intends to proceed

of the urbanization works, applying with the necessary adaptations the willing n. ºs

1, 2 and 3.

SUBSECTION III

Works of edification

Article 57.

Conditions of execution

1-A fixed city hall the conditions to be observed in the execution of the work with the

deferral of the application for the licensing of the works referred to in points (c), (d) and (e) of the

n Article 4 (2), and by means of municipal regulation for the works provided for in the

(c) to (h) of Article 6 (1), and shall safeguard compliance with the

provisions of the scheme for the management of construction and demolition waste.

2-The conditions relating to the occupation of the public route or the placement of tapumes and

gaskets are established upon proposal of the applicant, which, in the situations

provided for in points (c) to (h) (h) of Article 6 (1), shall accompany the communication

prior, may not the city chamber amend them but on grounds of the

violation of applicable legal or regulatory standards, or in the need of

articulation with other planned or existing occupations.

3-In the case provided for in Article 113, the conditions to be observed in the execution of the works

are those that are proposed by the applicant.

4-A prior communication for works in area covered by loteeing operation

cannot take place prior to the provisional reception of the respective urbanization works

or of the provision of collateral referred to in Article 54.

5-The provisions of Article 43 shall apply to the licensing procedures or the

prior communication of the works referred to in points (c), (d) and (e) of Art. 4 (2),

as well as those provided for in points (c), (d), and (f) and (f) of the paragraph. 1 of Article 6º, when

respect contiguous and functionally connected buildings with each other, which determine,

in urbanistic terms, impacts similar to a loteing operation, nos

terms to be defined by municipal regulation.

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6-The provisions of Article 44 (4) shall apply to the licensing procedures

or prior communication of the works referred to in points (c), (d) and (e) of paragraph 2 (4º),

as well as those provided for in points (c), (d), (e), and (f) of Article 6º (1), when the

operation behold the creation of areas of viaria and pedonal circulation, green spaces

and privately used equipment.

7-The provisions of the preceding paragraph shall also apply to the procedures of

prior communication of the urban planning operations provided for in paragraphs (d) and (e) of paragraph 1

of Article 6º, provided that it is planned to be carried out in area not covered by

lotion operation.

Article 58.

Deadline for implementation

1-A fixed municipal chamber, with the deferral of the application for the licensing of the

works referred to in points (c) to (g) of Article 4 (2), the period of implementation of the work,

in accordance with the schedule proposed by the applicant.

2-In the situations provided for in points (c) to (h) of Article 6 (1), the term of

execution is that fixed by the person concerned, and may not, however, exceed the limits

fixed by municipal regulation.

3-The time limits referred to in the preceding paragraphs begin from the date of issue

of the respective alvshall, of the date of payment or deposit of the fees or the collateral

in the situations provided for in Article 113, or of the end of the period referred to in paragraph 1 of the

article 36, in the preview of prior communication.

4-The deadline for the completion of the work may be changed by reason of interest

public, duly substantiated, in the act of deinjury referred to in paragraph 1

or, in the situation provided for in paragraph 2, by the end of the period provided for in Article 36 (1).

5-When it is not possible to complete the works at the planned time, this may be

extended, the reasoned application of the person concerned, for a single time and by

period not more than half of the initial term, save the provisions of the figures

following.

6-When the work finds itself in phase of finishes, it may the mayor

municipal, the reasoned application of the person concerned, grant new extension,

upon payment of an additional at the rate referred to in Article 116 (1), of

amount to be fixed in municipal regulation.

109

7-The deadline set in the terms of the previous figures may still be

extended as a result of the change in the licence, as well as the submission of

amendment to the projects submitted with the admitted prior communication.

8-A extension of the term in the terms referred to in the preceding paragraphs does not give way

to the issue of new alvshall not to the presentation and admission of new communication

preview, owing only, to be in these averse.

9-In the case provided for in Article 113, the time limit for the completion of the work is the one that

is proposed by the applicant.

Article 59.

Execution by phases

1-The applicant may opt for the phased implementation of the work, owing to the effect, in

case of urbanistic operation subject to licensing, identify in the project of

architecture the work included in each of the phases and indicate the deadlines, the

count of the date of approval of that project, in which it is proposed to apply for approval

of the projects of specialty engineering relative to each of these phases,

may the municipal chamber set different deadlines on grounds of public interest

duly reasoned.

2-Each phase shall correspond to a part of the useable edifice of use

autonomous.

3-In the cases referred to in paragraph 1, the requirement referred to in Article 20 (4)

should identify the phase of the work to which it reports.

4-A lack of presentation of the application referred to in the preceding paragraph within the

deadlines set out in paragraph 1 implies the expiry of the act of approval of the project of

architecture and the officious archiving of the process.

5-[repealed]

6-Admitting the execution by stages, the alvshall covers only the first stage of the works,

implying each subsequent phase an addition to the alvshall.

7-When dealing with urbanistic operation subject to prior communication, the interested

identifies in communication the phases in which it intends to undertake the execution of the work,

applying with the necessary adaptations to the provisions of paragraphs 1 and 2.

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Article 60.

Existing buildings

1-The buildings constructed under the previous right and the uses

respective are not affected by super-convenient legal and regulatory standards.

2-A licence or admission of prior communication of reconstruction works or of

alteration of the buildings may not be refused on grounds of legal standards

or regulatory supervenient to construction originating, provided that such works do not

originate or aggravate disconformity with the standards in force, or have as

result the improvement of the conditions of safety and salubrity of the edification.

3-Without prejudice to the provisions of the preceding paragraphs, the law may impose conditions

specific to the exercise of certain activities in edifices already assigned to such

activities under the previous right, as well as conditioning the implementation of the

works referred to in the number preceding the carrying out of the ancilishing works which

show necessary for the improvement of the conditions of safety and salubrity of the

edification.

Article 61.

Identification of the technical director of the work

The holder of the building permit and the presenting of the prior communication stay

required to affix on a plate in imperishable material on the exterior of the building, or

recording in one of its exterior elements, the identification of the technical director of the

work and the author of the architecture project.

SUBSECTION IV

Use of buildings or their fractions

Article 62.

Scope

1-A The permit for use of buildings or their autonomous fractions is intended for

check the compliance of the completed work with the approved project and with the

conditions of the licensing or prior communication.

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2-A permission, when there is no place for the realization of works or when dealing with

alteration of the use or permission of renting for non-housing purposes

of unlicensed buildings or fractions, in accordance with Article 5 (4) of the Decree-

Law No. 160/2006 of August 8, is intended to verify the conformity of the use

provided with the applicable legal and regulatory standards and the suitability of the building

or its autonomous fraction for the intended purpose.

Article 63.

Statement of the order

1-The application for a permit for use shall be instructed with a term of

liability subscribed by the authors of the work project and the director of

labor surveillance, in which those must declare that the work has been performed of

agreement with the approved project and with the conditions of the licence or communication

prior to and, where appropriate, that the changes made to the project are in

compliance with the legal and regulatory standards that are applicable to you.

2-The application for permission under the terms set out in paragraph 2 of the preceding Article shall be

instructed with an end of responsibility subscribed by person enabled to be author

of project under the scheme of the professional qualification of the responsible technicians

by the drafting and underwriting of projects.

Article 64.

Grant of the authorisation of use

1-A permission for use is granted, within 10 days of the

receipt of the application, on the basis of the term of liability referred to in the

previous article, saved in the situation provided for in the following number.

2-The mayor of the city hall, officiously or at the request of the manager of the

procedure and within the time specified in the preceding paragraph, determines the achievement of

survey, to be carried out in the terms of the following article, when you check any of the

following situations:

a) The application for permission to use shall not be instructed with the term of

liability provided for in the previous article;

(b) there are serious indications, particularly on the basis of the constant elements of the

112

process or the book, to be realized in the dispatch that determines the survey, of

that the work is found to be in disconformity with the respective project or conditions

established.

(c) Dealing with the authorisation provided for in Article 62 (2), there are serious indications

that the building, or its autonomous fraction, is not idopold for the intended purpose.

Article 65.

Achievement of the survey

1-A survey takes place within 15 days of the decision of the President of the

chamber referred to in paragraph 2 of the preceding article, where possible on a date to date

waking up with the applicant.

2-A survey is carried out by a commission composed, at a minimum, by three technicians,

to be designated by the city hall, of which at least two must have habilitation

legal to be project author, corresponding to the object of survey, according to the

scheme of the professional qualification of the technicians responsible for drafting and

underwriting of projects.

3-A date of conduct of survey is notified by the city hall to the applicant

of the permission of use, which may make you follow up with the authors of the

projects and the technician responsible for the technical direction of the work, which participate, without

right to vote, in the survey.

4-The findings of the survey are compulsorily followed in the decision on the

application for authorization.

5-In the case of the imposition of alteration works arising from the survey, the issuance of the

authorization required depends on the verification of the proper realization of these works,

by new survey to be applied for by the person concerned, which must elapse within the period of

15 days from the respective application.

6-Not being the survey carried out in the time limits referred to in paragraphs 1 or 5, the applicant

may request the issuance of the title of permission to use, by

presentation of the demonstrator of the application of the same in accordance with Rule 63.

or from the previous number, which is issued within 5 days and without the prior realization

of vistoria.

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Article 66.

Horizontal property

1-In the case of buildings consisting of horizontal property regime, the

authorization may have by object the building in its entirety or each of its

autonomous fractions.

2-A permission for use can only be granted autonomously for one or

more autonomous fractions when the common parts of the buildings in which they integrate

are also in a condition to be used.

3-In case the person concerned has not yet required certification by the chamber

municipal that the building meets the legal requirements for its constitution in

horizontal property regime, such a request may integrate the requirement for

authorization to use.

4-The provisions of numbers 2 and 3 shall apply, with the necessary adaptations, to the

buildings composed of units susceptible to independent use that do not

are subject to the regime of horizontal ownership.

SECTION IV

Validity and effectiveness of acts of licensing, admission of prior communication or

authorization to use

SUBSECTION I

Validity

Article 67.

Requirements

The validity of licences, admission of prior communications or authorizations of

use of urban planning operations depends on their compliance with the standards

legal and regulatory applicable in force at the date of its practice, without prejudice to the

provisions of Article 60.

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Article 68.

Nulities

They are void of licences, admission of prior communications or authorizations of

use provided for in this diploma that:

a) Violates the provisions of the municipal planning of spatial planning, plan

special of spatial planning, preventive measures or loteeing license

in force;

b) Violation of the provisions of Article 37 (2);

c) They have not been preceded by consultation of the entities whose opinions,

authorizations or approvals are legally required, as well as when not

are in compliance with these opinions, authorizations or approvals.

Article 69.

Participation, special administrative action and declaration of nullity

1-The generative facts of the nullities provided for in the previous article and any other

facts that it may result in the unvalidity of the administrative acts provided for in the

present diploma must be participated, by whom they have knowledge, to the

Prosecutor's Office, for the purpose of purposeful of the competent administrative action

special and respective procedural means accessory.

2-When it has for the purpose of acts of licensing, admission of communication

prior use or authorizations of use on the grounds of any of the invalidities

provided for in the previous article, the citation to the licence holder, prior communication or

authorizations of use to challenge the action referred to in paragraph 1 has the effects

provided for in Article 103 for the embargo, without prejudice to the provisions of the number

next.

3-The court may, officiously or at the request of the concerned, authorize the

further proceedings should be continued if the appeal results hints of illegality of its

interposition or its improvenance, and the judge shall decide this matter, when the

it there is place, within 10 days.

4-A the possibility of the organ that issued the act or deliberation declaring the nullity

lapses within 10 years, also lapsing the right to propose the planned action

in paragraph 1 if the facts that have determined the nullity are not participated in the

115

Prosecutor's Office at that time, except for national monuments and

respective buffer zone.

Article 70.

Civil liability of the Administration

1-The municipality responds civilly for the damage caused in the event of a revocation,

cancellation or declaration of nullity of licences or prior communications whenever

the cause of the revocation, cancellation or declaration of nullity results from a conduct

illicit of the holders of their organs or of their servants and agents.

2-The holders of the organs of the municipality and their staff and agents respond

solidarily with the one when they have dolefully given cause to the illegality that

substantiation of revocation, cancellation or declaration of nullity.

3-When the illegality that substantiates the revocation, cancellation or declaration of

nullity results from binding opinion, authorization, or approval legally

Demanded, the entity that issued it responds in solidarity with the municipality, which has

on that right of return.

4-The provisions of this Article in respect of joint liability no

undermines the right of return that to the couber case, in the general terms of law.

SUBSECTION II

Expiry and revocation of the licence or admission of prior communication

Article 71.

Caducity

1-A licence or admission of prior communication for the realization of operation of

loteeing lapse if:

a) the permission for the realization of the respective works shall not be required

urbanization within one year of the notification of the licensing act, or,

in the preview of prior communication, no prior communication is given for the

realization of urbanization works within one year of admission

of that; or if

b) No single alvshall is required as referred to in Article 76 (3) within the period of

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one year from the notification of the act of authorization of the respective works of

urbanization.

2-A licence or admission of prior communication for the carrying out of operation of

loosing that does not require the realization of urbanization works, as well as the license

for the realization of the urban planning operations provided for in points (b) to (e) and (g) of paragraph 2

of Article 4 lapses if, within one year of the notification of the act of

licensing or the admission of prior communication, no issuance is required

of the respective alvshall or initiated the works in the case of prior communication.

3-In addition to the situations provided for in the preceding paragraph, the licence or admission of

prior communication for the realization of the urban planning operations referred to in the number

previous, as well as the license or admission of prior communication for the realization

of loosing operation that requires the realization of urbanization works, lapse

still:

a) If the works are not initiated within nine months from the date of

issuance of the alvshall, of the time limit laid down in Article 36º, or, in the cases provided for in the article

113., of the date of payment of the fees, your deposit or the guarantee of your

payment;

b) If the works are suspended for longer than six months, save if the

suspension proceeding de facto not attributable to the holder of the licence or admission of

prior communication;

c) If the works are abandoned for a period longer than six months;

d) If the works are not completed within the time limit set in the licence or communication

prior to or their extensions, counted from the date of issue of the alvshall or the

deadline provided for in Article 36 (1)

e) [Revoked].

4-For the purposes of the provisions of paragraph (c) of the preceding paragraph, presumed

abandoned the works or works whenever:

a) If they find suspended without reason justification registered in the respective book of

work;

b) Decorram in the absence of the technician responsible for the respective implementation;

c) If you are unaware of the whereabouts of the holder of the respective licence or prior communication

without this there being indicated to the municipal prosecutor's office quite a lot that represents it.

5-The lapses provided for in this Article shall be declared by the chamber

municipal, with prior hearing of the person concerned.

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6-The deadlines to which the previous figures relate are counted in accordance with the

provisions of Article 279 of the Civil Code.

7-Treating license for the realization of loteeing operation or works

of urbanization, the expiry on the grounds provided for in paragraphs 3 and 4 does not produce

effects on batches for which there has already been approved application for

licensing for edifice works or has already been submitted communication

prior to the realization of these works.

Article 72.

Renewal

1-The holder of licence or prior communication that there is lapse may require new

license or present new prior communication.

2-In the case referred to in the preceding paragraph, they will be used in the new process the

elements that have instructed the previous process, as long as the new requirement is

presented within 18 months from the date of expiry or, if this period

it is exhausted, there are no de facto and right changes that justify new

presentation.

3-[repealed]

Article 73.

Repeal

1-Without prejudice to the following number, the licence, the admission of

prior communication or authorizations of use can only be revoked in the

terms set out in the law for the constitutive acts of rights.

2-In cases referred to in Article 105 (2) to leave or the admission of

prior communication may be revoked by the municipal chamber passed the deadline

of six months from the expiry of the deadline set out in accordance with paragraph 1 of the

same article.

SUBSECTION III

Titles of urban planning operations

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Article 74.

Title of licence, admission of prior communication and permission to use

1-The urbanistic operations subject to licensing are titled by alvshall, whose

issue is condition of effectiveness of the license.

2-A The admission of prior communication of urban planning operations is titrated by the

receipt of your presentation accompanied by the voucher of admission to the terms

of Article 36.

3-A The permit for use of the buildings is titled by alvshall.

Article 75.

Competence

It is incumbent upon the chairman of the municipal chamber to issue the licence alvshall for the

realization of the urban planning operations, and may delegate this competence to the

councillors with faculty of subdelegation, or in the leaders of the services

municipal.

Article 76.

Application

1-The person concerned shall, within one year from the date of the notification of the act of

licensing or the authorization of use to apply for the issuance of the respective

alvará, presenting to the effect the elements provided for in the portaria approved by the

member of the Government responsible for spatial planning.

2-Can still the mayor of the city hall, the reasoned application of the

interested, grant extension, for a single time, of the deadline provided in the number

previous.

3-In the case of loosing operation that requires the realization of urbanization works

shall be issued a single alvshall, which shall be required within one year of the

notification of the act of authorization of the urbanization works.

4-Without prejudice to the provisions of Articles 64 and 65, the alvshall shall be issued within the period of

30 days from the submission of the application provided for in the preceding paragraphs, or

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of the receipt of the items referred to in Article 11 (3), provided that

show paid the fees due.

5-The application for the issue of alvshall may only be dismissed on the grounds of the

expiry, suspension, revocation, cancellation or declaration of nullity of the licence or

of the admission of prior communication or in the lack of payment of the fees referred to in

previous number.

6-The alvshall obeys a model type to be established by portaria approved by the

member of the Government responsible for spatial planning.

Article 77.

Specifications

1-The loose-operating licence alvshall or urbanization works shall

contain, in the terms of the licence, the specification of the following elements, depending on

are applicable:

a) Identification of the holder of the alvshall;

b) Identification of the building object of lotement operation or of the works of

urbanization;

c) Identification of the acts of municipal bodies concerning the licensing of the

loosing operation and the urbanization works;

(d) framework of the urban planning operation in municipal planning of planning

territory in force, as well as in the respective unit of implementation, if any;

e) Number of lots and indication of area, location, purpose, area of deployment,

construction area, number of floors and number of fires of each of the batches, with

specification of fires destined for dwellings at controlled costs, when

anticipated;

f) Mandatory Cedencies, their purpose and specification of the plots to be integrated in the

municipal domain;

g) Deadline for the completion of the urbanization works;

h) Mongering of the surety provided and identification of the respective title.

2-The alvshall referred to in the preceding paragraph shall contain, in annex, the plants

representative of the elements referred to in points (e) and (f).

3-The specifications of the alvshall referred to in paragraph 1 shall be binding on the municipal chamber,

the owner of the building, as well as the acquirers of the lots.

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4-The licence alvshall for the realization of the urban planning operations to which they refer

points (b) to (g) and (l) of Article 2 shall contain, in the terms of the licence, the following

elements, depending on whether they are applicable:

a) Identification of the holder of the licence;

b) Identification of the lot or of the building where the works or works are carried out;

c) Identification of the acts of municipal bodies concerning the licensing of the works

or works;

(d) the framework of the works in loteing operation or municipal plan of

planning of the territory in force, in the case of the works provided for in points (b), (c) and e)

of Article 2;

e) the conditionings to which it is subject to leave;

f) The cancers and the number of floors above and below the solder cot;

g) The construction area and the volumetric of the buildings;

h) the use to which the buildings are intended;

i) The period of validity of the licence, which corresponds to the deadline for the completion of the

works or works.

5-The alvshall of permission for use relating to the use of building or its

fraction shall contain the specification of the following elements:

a) Identification of the holder of the licence;

b) Identification of the building or autonomous fraction;

c) The use of which is intended for the building or autonomous fraction.

6-The alvshall referred to in the preceding paragraph shall still be mentioned, when it is case

of this, that the building to which it respects fulfils the legal requirements for the constitution

of the horizontal property.

7-In the case of replacement of the licence alvate holder, the substitute shall owe this

make proof with the speaker of the chamber so that this will proceed to the respective

averaging within 15 days from the date of the replacement.

Article 78.

Advertising

1-The holder of the alvshall shall promote, within 10 days after the issuance of the alvshall,

the affixing in the building object of any urbanistic operation of a warning, visible from the

exterior, which shall remain until the completion of the works.

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2-A issuance of the looming licence allotted shall still be advertised by the

municipal chamber, within the time limit set out in paragraph 1, by:

a) Publication of notice in municipal bulletin and on the Internet page of the municipality

or, when these do not exist, through edital to affix on the pavings of the county and in the

sedes of the freguish joints covered;

b) Publication of notice in a local area newspaper, when the number of lots is

less than 20, or in a national-wide newspaper, in the remaining cases.

3-Compete to the member of the Government responsible for spatial planning

approving, by portaria, the model of the notice referred to in paragraph 1.

4-The notice provided for in the preceding paragraph shall be mentioned, as the cases may be, the

specifications laid down in points (a) to (g) of paragraph 1 and (a) to (c) and (f) to (i) to (i) of paragraph 4 of the article

77.

5-The provisions of the preceding paragraphs apply, with the necessary adaptations, to

situations subject to prior communication.

Article 79.

Cassation

1-The alvshall or the admission of prior communication is cassated by the President of the

city hall when it lapses the licence or admission of prior communication

or when these are revoked, annulled or declared void.

2-A cassation of the alvshall or the admission of prior loteeing communication is

communicated by the mayor of the municipal chamber to the conservatory of the predial register

competent, for the purpose of annotation to the description and cancellation of the registration of the

alvshall and prior communication.

3-With the communication referred to in the preceding paragraph, the Chairman of the chamber

municipal gives equally knowledge to the conservatory of the batches that meet

in the situation referred to in Article 71 (7), requiring this to be the partial cancellation

of the alvshall or of the admission of prior communication pursuant to paragraph 2 (f) of the

Article 101 of the Code of the Predial Register and indicating the descriptions to be maintained.

4-The alvshall cassado is seized by the city hall, following

notification to the respective holder.

5-A admission of prior communication is cassed through the averaging of cassation

to the information provided for in Article 36 (1).

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CHAPTER III

Implementation and surveillance

SECTION I

Start of work

Article 80.

Start of work

1-A The execution of the works and works subject to licence pursuant to the present

diploma can only start after issued the respective alvshall, with the exception of

situations referred to in the following article and save the provisions of Article 113.

2-Works and works subject to the prior communication regime may start

in the terms of Article 36 (3).

3-The works and works referred to in Article 7 can only start after they are issued

the opinions or authorisations referred to therein, or after the course of the time limits set for the

respective issue.

4-Within 60 days of the commencement of work relating to the operations

urbanities referred to in points (c) to (e) of Article 4 (2) shall owe the promoter of the

work to present in the municipal chamber copy of the design of architecture and

of engineering the specialties.

Article 80-The

Information on the beginning of the work and the responsible for the same

1-Within 5 days of the commencement of the proceedings, the prosecutor informs the chamber

municipal from that beginning, communicating also the identity of the person, singular or

collective, tasked with the execution of them.

2-A person charged with the execution of the works is obliged to the exact execution

of the projects and the respect for the conditions of the licensing or prior communication.

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Article 81.

Demolition, excavation and peripheral containment

1-When the licensing procedure there has been preceded by information

favourable preview that binds the city hall, may the mayor

municipal, at the request of the person concerned, allow for the execution of demolition work or

of excavation and peripheral containment up to the depth of the smaller quota floor, soon

after the sanitation referred to in Article 11, provided that escrow is provided for

reposition of the ground in the conditions under which it was found before the start of the

work.

2-In the works subject to licence pursuant to this degree, the decision referred to in the

previous paragraph may be delivered at any time after the approval of the

design of architecture.

3-For the purposes of the preceding paragraphs, the applicant shall submit, depending on

the cases, the demolition plan, the stability project or the draft

excavation and peripheral containment up to the date of the submission of the application referred to in the

same number.

4-The speaker of the chamber shall decide on the application provided for in paragraph 1 within the period of 15

days from the date of your presentation.

5-It is title quite a lot for the execution of the demolition works, excavation or

peripheral containment the notification of the dewound of the respective application, which the

applicant, starting from the beginning of the implementation of the work covered by it, should

keep at the site of the works.

Article 82.

Connection to public networks

1-The alvarás referred to in Article 77 (1) and (4), the admission of

prior communication of Article 36-A, as well as the notification referred to in paragraph 5 of the

previous article, constitute title quite a lot to instruct the applications for connecting the

water, sanitation, gas, electricity and telecommunication networks,

may the applicants choose, upon permission from the supplying entities, by the

realization of the works indispensable to its realization in the conditions

regulatory and techniques defined by those entities.

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2-Up to the presentation of the alvshall of permission to use, the links referred to in

previous paragraph shall be carried out by the deadline set in the respective alvshall or in the

admission of prior communication and may only be extended by the period

corresponding to the extension of that period, save in cases where that alvshall

there has not been issued for reasons exclusively attributable to the city hall.

3-In the situation provided for in Article 113, the applications for binding referred to in paragraph 1

may be instructed with the receipt of the payment or deposit of the fees or the

collateral.

4-In the cases referred to in Article 6 (3), the applications for a connection are instructed

with copy of the receipt of the submission of prior communication and its admission and if

necessary the compatibilization of projects with existing infrastructures, or the

its realization in the case of non-existence, these will be promoted by the entity

prescarer or by the applicant, pursuant to the final part No 1.

SECTION II

Execution of the works

Article 83.

Changes during the execution of the work

1-Changes can be carried out in the project, by communication

prior to the terms set out in articles 35, provided that such communication is

carried out in advance necessary for the works to be completed before

of the submission of the application referred to in Article 63 (1).

2-Can be carried out without dependence on prior communication to the chamber

municipal the changes in works that do not correspond to works that were

subject to prior licensing.

3-The changes in work to the project initially approved or submitted that

involve the realization of magnification works or changes to the deployment of the

editions are subject to the procedure laid down in Articles 27 or 35,

depending on the cases.

4-In the situations provided for in the preceding paragraphs only the

instructory elements that have undergone changes.

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Article 84.

Execution of the works by the city hall

1-Without prejudice to the provisions of this diploma in respect of suspension,

expiry of the licences, authorisations or the admission of prior communication, or of

cassation of the respective alvarás, the municipal chamber, for safeguarding the

cultural heritage, the quality of the urban and the environment, safety

of the edifices and the general public or, in the case of urbanization works, also

for protection of interests of third party purchasers of lots, may promote the

realization of the works on account of the holder of the alvshall or the present of the

prior communication when, because it is attributable to the latter:

a) They have not been initiated within one year from the date of the issuance of the

alvshall or of the period provided for in paragraph 1 of Article 36;

b) Remain interrupted for more than one year;

c) have not been completed within the prescribed period or their extensions, in cases in

that the municipal chamber has declared it to lapse;

d) No such corrections or alterations have been made that hajam been subpoenaed

pursuant to Art. 105 para.

2-A execution of the works referred to in the preceding paragraph and the payment of the expenses

supported with them takes place pursuant to Articles 107 and 108.

3-A The municipal chamber may still accral the cautions referred to in Articles 25 and

54.

4-As soon as it shows repaid of the expenses incurred pursuant to the present

article, the city hall carries out the lifting of the embargo that may have been

enacted or, when it deals with works of urbanization, it emits officiously alvshall alvt,

competing with the speaker of the chamber to give notice of the respective deliberations,

where appropriate, to the regional direction of the environment and planning

territory and the conservative of the predial register.

Article 85.

Implementation of the urbanization works by third party

1-Any acquirer of the lots, of buildings constructed in the lots or fractions

autonomous of the same has legitimacy to apply for judicial authorization for

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to directly promote the implementation of the urbanization works when, by checking in

the situations provided for in paragraph 1 of the preceding article, the town hall does not have

promoted to its execution.

2-The application is instructed with the following elements:

a) Copy of the alvwill or prior communication and its admission;

b) Budget, at current prices of the market, concerning the execution of the works of

urbanisation in accordance with the approved projects and conditions fixed in the

licensing;

c) Any other elements that the applicant understands necessary for the

knowledge of the application.

3-Before deciding, the court notifies the municipal chamber, the holder of the alvshall or the

present the prior communication to respond within 30 days and orders the

realization of the representations that it understands useful for the knowledge of the application,

particularly the judicial inspection of the site.

4-If you defer the application, the court specifically fixes the works to be carried out and the

respective budget and determines that the collateral referred to in Article 54 is to be

your order, in order to answer for the expenses with the works up to the limit of the

budget.

5-In the absence or insufficiency of the surety, the court determines that the costs are

supported by the municipality, without prejudice to the right of return of this on the holder

of the alvshall or the presentable of the prior communication.

6-The process to which the previous figures are referred is urgent and free of cost.

7-Of the sentence is up to appeal in the general terms.

8-Compete to the court court of the comarch where to locate the building in which to

shall carry out the urbanization works to know of the applications provided for in the present

article.

9-A municipal chamber emits officialshall alvate for execution of works by

third, competing for your president to give knowledge of the respective

deliberations to the regional direction of the environment and land use planning and the

conservative of the predial register, when:

a) There has been provisional reception of the works; or

b) Be fully reimbursed for the expenses incurred, should you check the

situation provided for in paragraph 5.

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SECTION III

Completion and reception of the proceedings

Article 86.

Cleaning of the area and repairing damage

1-Completed the work, the owner of the same is obliged to undertake the lifting of the

shipyard, cleaning of the area, according to the regime of waste management of

construction and demolition on it produced, and to the repair of any damage or

deteriorations that it has caused in public infrastructure.

2-Compliance with the provisions of the preceding paragraph shall be a condition of the issuance of the alvshall

of permission to use or the provisional reception of the urbanization works,

save when it has been provided, in time to be fixed by the city hall, collateral

for a guarantee of the execution of the operations referred to in the same number.

Article 87.

Provisional and final reception of the urbanization works

1-It is the jurisdiction of the municipal chamber to deliberate on the provisional reception and

definitive of the urbanization works after its completion and the course of the period of

warranty, respectively, upon application by the person concerned.

2-A reception is preceded by survey, to be carried out by a commission of which they do

part the person concerned or one his representative and at least two representatives of the

city chamber.

3-To the provisional and final reception, as well as to the respective surveys, shall apply,

with the necessary adaptations, the regime applicable to the provisional and final reception

of the endeavor of public works.

4-In the event of a deficiency of the urbanization works, as such marked in the self

survey, if the holder of the urbanization works does not complain or come undue to his

complaint and do not proceed to your correction on the deadline for the fixed effect, the chamber

municipal proceeds in accordance with the provisions of Article 84.

5-The term of guarantee of the urbanization works is five years.

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Article 88.

Unfinished works

1-When the works have already reached an advanced state of execution but the

license or the admission of prior communication there is lapsed, may be required to

grant of special leave for its completion or be submitted communication

preview for the same effect.

2-A The granting of the special licence and the submission of the prior communication referred to

in the preceding paragraph follows the procedure laid down in Articles 27 or 35, depending on

the case, applying the provisions of Article 60.

3-You may be granted the licences or admitted to the communications provided for in the n.

1 or submitted prior communications when the city hall recognizes the

interest in the completion of the work and do not show advisable the demolition of the same,

for environmental, urbanistic, technical or economic reasons.

4-In the case of prior communication the recognition of interest in the completion of the

work takes place through non-rejection by the municipal chamber of communication, by

reference to the fundamentals of the preceding paragraph, within the time limit set out in paragraph 1 of the

article 36 para.

SECTION IV

Use and conservation of the edified

Article 89.

Duty of conservation

1-The buildings are to be the subject of conservation works at least once

in each eight-year period, owing to the owner, regardless of that

deadline, carry out all the necessary works for the maintenance of your safety, salubrity

and aesthetic arrangement.

2-Without prejudice to the provisions of the preceding paragraph, the city hall may at all

time, officiously or the requirement of any interested party, determine the

implementation of conservation works necessary for the correction of poor conditions of

safety or of salubrity or the improvement of the aesthetic arrangement.

3-A city hall may, officiously or at the requirement of any

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interested, order the full or partial demolition of the constructions that threaten ruin

or offer danger to public health and to the safety of people.

4-The acts referred to in the preceding paragraphs shall be effective from their notification

to the owner.

Article 89-The

Prohibition of deterioration

1-The owner cannot, dolly, provoke or aggravate a foul situation

of safety or of salubrity, provoke the deterioration of the building or damage the

your aesthetic arrangement.

2-Presumse, unless otherwise proven, there is a violation by the owner of the

provisions of the previous number in the following situations:

a) When the building, finding full or partially disclenching, has only the

vans of the upper floor or of the unguarded upper floors;

b) When they are missing decorative elements, particularly cantaries or

relevant tile coating, in areas of edification that are not accessible

by the passers-by, being rank that such a lack result from human acting.

3-A The constant prohibition of paragraph 1 shall apply, in addition to the owner, to any

natural or legal person.

Article 90.

Previous survey

1-The deliberations referred to in Article 89 (2) and (3) are preceded by survey

carry out by three technicians to be appointed by the city hall, two of which with

legal habilitation to be an author of project, corresponding to the subject matter of

survey, according to the scheme of the professional qualification of the responsible technicians

by the drafting and underwriting of projects.

2-Of the act determining the achievement of the survey and the respective grounds is

notified the owner of the immovable, upon registered letter dispatched with, by the

less, seven days in advance.

3-Until the eve of the survey, the owner may appoint an expert to intervene in the

realization of the survey and formulate quesitoes to which they should respond to the technicians

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nominees.

4-Of the survey is immediately washed auto, from which it is listed compulsorily to

identification of the immovable, the description of the state of the same and the recommended works and,

well thus, the responses to the quesitons that are formulated by the owner.

5-The self referred to in the preceding paragraph is signed by all the technicians and the expert

that hajam participated in the survey and, if any of them do not want or are unable to sign-

lo, there is mention of that fact.

6-When the owner does not indicate expert until the date referred to in the preceding paragraph, the

survey is carried out without the presence of this, without prejudice to, in possible imputation

administrative or litigation of the deliberation in question, the owner can claim

non-constant facts of the auto de vistoria, when it proves that it was not regularly

notified under the terms of paragraph 2.

7-The formalities provided for in this article may be pretermed when there is

imminent risk of collapsing or serious danger to public health, in the terms

provided for in the law for the state of need.

Article 91.

Coercive works

1-When the owner does not start the works that are determined to him in the terms

of Article 89 or fail to conclude them within the time limits for the purpose thereof

fixed, may the city hall take administrative possession of the immovable to give them

immediate execution.

2-To the coercive execution of the works referred to in the preceding paragraph applies, with the

due adaptations, the provisions of Articles 107 and 108.

Article 92.

Administrative eviction

1-A The municipal chamber can order the summary eviction of the buildings or part of

buildings in which there is to be carried out the works referred to in Article 89 (2) and (3),

where this proves necessary to the execution of them.

2-The eviction referred to in the preceding paragraph may be determined officiously or,

when the owner intends to proceed to the same, the application of this.

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3-A The deliberation that orders the eviction is effective from its notification to the

occupants.

4-The eviction shall take place within 45 days of its notification to the

occupants, save when there is imminent risk of collapsing or serious danger

for public health, where it will be able to perform immediately.

5-To the eviction of occupant holder of lease agreement applies the provisions of

in Decree-Law No. 157/2006 of August 8.

SECTION V

Surveillance

SUBSECTION I

General provisions

Article 93.

Scope

1-A realization of any urban planning operations is subject to surveillance

administrative, regardless of your subjection to prior licensing, admission

of prior communication, authorization of use or exemption of prior control.

2-A administrative oversight is intended to ensure the compliance of those

operations with the applicable legal and regulatory provisions and to prevent them

dangers that from its realization may result to the health and safety of people.

Article 94.

Competence

1-Without prejudice to the powers conferred by law to other entities, the audit

provided for in the previous article competes with the President of the city hall, with the

faculty of delegation in any of the aldermen.

2-The acts carried out by the chairman of the city hall in the exercise of powers

of supervision provided for in this diploma and involving a judgement of legality

of acts practiced by the respective municipal chamber, or which suspend or put up

term to its effectiveness, they may be by this revoked or suspended.

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3-In the exercise of the supervisory activity, the chairman of the municipal chamber is

aided by municipal officials with appropriate training, whom it is incumbent upon

prepare and execute your decisions.

4-The chairman of the city hall may still request collaboration from any

administrative or police authorities.

5-A city hall may hire with private companies enabled to carry out

supervision of works to be carried out of the inspections referred to in the following article,

as well as the surveys referred to in Article 64.

6-A conclusion of the contracts referred to in the preceding paragraph depends on the observance

of the constant rules of regulatory decree, from which the scope of the

obligations to be taken up by the companies, the respective regime of liability and the

guarantees to be provided.

Article 95.

Inspections

1-Municipal officials responsible for the supervision of works or the

private companies referred to in paragraph 5 of the previous article may carry out inspections

to places where to develop activities subject to surveillance in the terms of the

present diploma, without dependence on prior notification.

2-The provisions of the preceding paragraph shall not waiver the obtaining of prior order

judicial for the entry into the domicile of any person without their consent.

3-The warrant provided in the preceding paragraph is granted by the judge of the comarch

respective at the request of the mayor of the city hall and follows the terms of the

common cautionary procedure.

Article 96.

Vistories

1-In addition to the cases specially provided for in this diploma, the President of

city hall may order the realization of surveys to the real estate in which they are

to be executed urban planning operations when the exercise of the powers of

monitoring depends on the proof of facts that, by their nature or special

complexity, imply a valuative appreciation of an expert character.

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2-The surveys ordered pursuant to the preceding paragraph shall be governed by the provisions of the

article 90 and its conclusions are mandatorily followed in the decision to which

respect.

Article 97.

Book of work

1-All relevant facts concerning the execution of licensed works or the subject matter of

prior communication shall be recorded by the respective technical director in the book of

work, to be kept at the site of their achievement for consultation by the officials

municipal officers responsible for the supervision of works.

2-Are compulsorily recorded in the book, in addition to the respective dates

of start and finish, all the facts that entail your stopping or suspension,

as well as all changes made to the licenced project or communified statement.

3-The model, and too much records to be entered into in the book are defined by

joint office of the members of the Government responsible for the public works and the

spatial planning, which also fixes the characteristics of the book

electronic.

SUBSECTION II

Sanctions

Article 98.

Counter-ordering

1-Without prejudice to civil, criminal or disciplinary liability, they are punishable

as counterordinance:

a) The realization of any urbanistic operations subject to prior licensing

without the respective licensing allure, except in the cases provided for in the articles

81. and 113.

b) The realization of any urbanistic operations in disconformity with the

respective project, or with the conditions of the licensing or admittance of the

prior communication;

c) the execution of works in violation of the provisions of Article 80 (2);

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d) Occupation of buildings or their autonomous fractions without permission to use

or at odds with the use fixed in the respective alvshall or the admission of

prior communication, unless these have not been issued within the statutory period by

reasons exclusively attributable to the municipal chamber;

e) The false statements of the authors and coordinator of projects in the term of

liability, in respect of the observance of the general technical standards and

construction specific, as well as legal and regulatory provisions

applicable to the project;

f) The false statements in the term of responsibility of the technical director of the work and

of the Director of Supervisory Work or other technicians relatively:

i) Compliance with the implementation of the work with the approved project and with the conditions

of the licence and prior communication admitted;

ii) To the compliance of the changes made to the project with the legal standards and

applicable regulations;

g) Project underwriting of the authorship of whom, for reasons of technical, legal or

discipline, find yourself inhibited from elaborating;

h) the continuation of works whose embargo has been legitimately ordered;

i) The non-maintenance of visible form on the exterior of the notice building to which rents out the

article 12º;

j) The non-maintenance of visible form from the exterior of the building, up to the completion of the work,

of the notice that advertis the alvshall or the admission of the prior communication;

l) The lack of the book at the site where the works are carried out;

m) the lack of the records of the state of execution of the works in the book;

n) The non-removal of the rubble and too much debris resulting from the work in the terms of the

article 83;

o) The absence of application to be asked to the city hall the averaging of

replacement of the applicant, the project author or director of labor supervision,

as well as from the licence holder of licence or present of the prior communication;

p) The absence of the number of lotement allotment or the admission of communication

prior notices in advertisements or in any other forms of advertising to the disposal of the

lots of land, of buildings or autonomous fractions in it built;

q) The non-communication to the municipal chamber of the legal business that results the

fractionation or the division of rustic buildings within 20 days of the date

of celebration;

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r) The realization of urbanistic operations subject to prior communication without this

there is being carried out and admitted;

s) The non-completion of the urban planning operations referred to in Article 89 (2) and 3.

in the deadlines set for the purpose;

t) The doleful deterioration of the edification by the owner or by third party or the violation

serious of the duty of conservation.

2-A counter-ordinance provided for in points (a) and (r) of the preceding paragraph is punishable by

fine graduates from 500.00 € up to max 200,000.00 €, in the case of person

singular, and from 1,500.00 € up to 450,000.00 €, in the case of legal person.

3-A counter-ordinance provided for in paragraph 1 (b) is punishable by graduated cofine

from 1,500.00 to the maximum of 200,000.00 €, in the case of a natural person, and of

3,000.00 € up to 450,000.00 €, in the case of legal person.

4-A counter-ordinance provided for in points (c), (d), (s) and (t) of paragraph 1 shall be punishable by

fine graduates from 500.00 € up to max 100,000.00 €, in the case of person

singular, and 1,500.00 for up to 250,000.00 €, in the case of legal person.

5-The contra-ordinations provided for in paragraph 1 (e) to (h) are punishable by

fine graduates from 1,500.00 € up to the maximum of 200,000.00 €.

6-The counter-ordinations provided for in points (i) to (n) and (p) of paragraph 1 are punishable by

fine graduated from 250.00 € up to maximum of 50,000.00 €, and from 1,000.00 € up to

100,000.00 €, in the case of legal person.

7-A counter-ordinance provided for in points (o) and (q) of paragraph 1 is punishable by fine

graduated from 100.00 to the maximum of 2,500.00 €, in the case of natural person, and of

500.00 € up to 10,000.00 €, in the case of legal person.

8-When the counter-ordinations referred to in paragraph 1 are practiced in relation to

urbanistic operations that have been the subject of prior communication in the terms of the

this diploma, the maximum amounts of the fines referred to in paragraphs 3 a to 5

previous ones are aggravated in 50,000.00 and those of the fines referred to in paragraphs 6 and 7 in

25,000.00 €.

9-A attempt and neglect are punishable.

10-A competence to determine the prosecution of the proceedings of against-

ordering, to assign the instructor and to apply the fines belongs to the President

of the municipal chamber, and may be delegated to any of its members.

11-The product of the application of the fines referred to in this Article reverses to the

municipality, including when the same are charged in judgement.

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Article 99.

Ancillary sanctions

1-The counter-ordinations provided for in paragraph 1 of the preceding Article may still

determine, when the seriousness of the offence justifies it, the application of the following

ancillary sanctions:

a) the seizure of the objects belonging to the agent that have been used as

instrument in the practice of the infringement;

(b) the interdiction of the exercise in the municipality, up to the maximum of four years, of the

profession or related activity with the offence practiced;

c) The deprivation of the right to subsidies heard by entities or public services.

2-The penalties provided for in paragraph 1, as well as those provided for in the previous article, when

applied to civil construction industrialists, are communicated to the Institute of the

Construction and Real estate, I. P.

3-The sanctions applied under the provisions of paragraphs (e), (f) and (g) of paragraph 1 of the

previous article to the authors of the projects, responsible for the technical direction of the work

or to whom they subscribe to the term of liability provided for in Article 63 are

communicated to the respective order or professional association, when it exists.

4-A interdiction of activity exercise provided for in point (b) of paragraph 1, when

applied to the legal person, extends to other legal persons constituted by the

same partners.

Article 100.

Criminal responsibility

1-The disrespect of administrative acts that determine any of the measures of

tutelage of the urbanistic legality provided for in this diploma constitutes a crime of

disobedience under the terms of Article 348 of the Criminal Code.

2-The false statements or information provided by the responsible persons in the

points (e) and (f) of Article 98 (1) in the terms of responsibility or in the book of

work integrate the crime of falsification of documents, pursuant to Article 256 of the

Penal code.

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Article 101.

Responsibility of officials and agents of the Public Administration

The officials and actors of the Public Administration who cease to participate

infractions to the supervising entities or provide false or wrong information about the

infringements of the law and the regulations of which they have knowledge in the exercise of their

functions incur disciplinary responsibility, punishable with penalty of suspension to

resignation.

Article 101-The

Legitimacy for the complaint

1-Any person has legitimacy to communicate to the city hall, to the

Prosecutor's Office, to the orders or professional associations, to the Institute of Construction

and of the Real estate, I. P. or other competent entities the violation of the standards of the

present diploma.

2-They are not admitted to anonymous complaints.

SUBSECTION III

Tutelage measures of urban legality

Article 102.

Embargo

1-Without prejudice to the powers conferred by law to other entities, the President

of the city hall is competent to embark on works of urbanization, of

edification or demolition, as well as any remodeling works of

land, when they are being implemented:

a) Without the necessary license or admission of prior communication;

b) In discompliance with the respective project or the conditions of the

licensing or prior communication admitted, save the provisions of Article 83; or

c) In violation of the applicable legal and regulatory standards.

2-A notification is made to the responsible for the technical direction of the work, as well as to the

holder of the licence alvshall or presentable of the prior communication and, when

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possible, to the owner of the immovable in which the works are being executed, or their

representative, being sufficient to compel the suspension of any work

of these notifications or that of whom you find yourself performing the work on the spot.

3-After the embargo, it is immediately washed the respective auto, which it contains, compulsory

and expressly, the identification of the municipal official responsible for the

supervision of works, witnesses and the notified, the date, time and place of the

diligence and the reasons of fact and law that justify it, the state of the work and the

indication of the order of suspension and prohibition of continuing the work and the respective

term, as well as the legal cominations of its default.

4-The auto is drawn up in duplicate and signed by the employee and the notified,

getting the duplicate in the possession of this one.

5-In the event that the embargo order focuses only on part of the work, the respective

auto will make express mention that the embargo is partial and it will clearly identify which

is the part of the artwork that is embarked on.

6-The embargo auto is notified to the persons identified in paragraph 2.

7-In the event that the works are being carried out by legal person, the embargo and the

respective self are still communicated to the respective registered office or representation

in national territory.

8-The embargo, as well as its cessation or expiry, is the subject of registration in the

conservatory of the predial register, upon communication of the dispatch that the

determined, proceeding to the necessary aversions .

Article 103.

Effects of the embargo

1-The embargo obliges the immediate suspension, in whole or in part, of the work of

execution of the work.

2-Dealing with licensed works or the object of prior communication, the embargo

determines also the suspension of the effectiveness of the respective licence or the admission of

prior communication, as well as, in the case of urbanization works, of the licence or

prior communication of urban lotement to which they respect them.

3-It is interstated the supply of electrical energy, gas and water to the embargoed works,

owing to the effect being notified of the act which ordered it to the responsible entities

by the said supplies.

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4-The embargo, albeit partial, suspending the deadline that is set for the

performance of the works in the respective licence alvate and established for the admission of

prior communication.

Article 104.

Expiry of the embargo

1-A The embargo order lapses as soon as it is handed down a decision defining the

legal situation of the work with a definite character or in the expiry of the period it has been

fixed for the purpose.

2-In the lack of term fixation for the purpose, the embargo order lapses if it is not

delivered a final decision within six months, extended a single time

for equal period.

Article 105.

Correction or amendment work

1-In the situations provided for in points b) and c) of Article 102 (1), the President of

city hall may still, where appropriate, order the realization of

work for correction or alteration of the work, setting a deadline for the effect, having

into account the nature and degree of complexity of them.

2-Elapsed the time limit referred to in the preceding paragraph without those work if

find fully realized, the work remains embargoed until it is delivered

a decision setting out its legal situation with a definite character.

3-Dealing with works of urbanization or other indispensable works for

ensuring the protection of interests of third parties or the correct urban planning, the

city hall may promote the achievement of the correctional works or

change on account of the holder of the licence or the previous communication presentator,

in the terms of Articles 107 and 108.

4-A The order to carry out correction or amendment work suspending the deadline

which is fixed in the respective licence alvshall licence or established in the communication

prior to the period set out in accordance with paragraph 1.

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5-The time limit referred to in paragraph 1 shall interrupt with the submission of application for

amendment to the licence or prior communication, in the terms, respectively, of the articles

27. and 35.

Article 106.

Demolition of the work and reposition of the land

1-The chairman of the city hall may also, where appropriate,

order the full or partial demolition of the work or the reposition of the ground in the conditions

where it was found before the commencement date of the works or works, fixing a

deadline for the effect.

2-A demolition can be prevented if the work is likely to be licensed or

subject of prior communication or if it is possible to ensure compliance with

the legal and regulatory provisions applicable to it by the realization

of correction or alteration work.

3-A Order for demolition or remake referred to in paragraph 1 is antecedent to

hearing of the person concerned, who has 15 days from the date of his notification to

pronounce on the content of it.

4-Elapsed the time limit referred to in paragraph 1 without the order of demolition of the work or of

reposition of the ground if it shows fulfilled, the mayor of the city hall

determines the demolition of the work or the reposition of the ground on account of the offender.

Article 107.

Administrative possession and coercive execution

1-Without prejudice to criminal liability, in the event of a default of

any of the tutelage measures of the urbanistic legality provided for in the articles

previous the speaker of the chamber may determine the administrative possession of the immovable

where the work is being carried out, in order to allow the coercive execution of such

measures.

2-The administrative act that has determined the administrative possession is notified

to the owner of the work and to the remaining holders of real rights on the estate by letter

registered with notice of receipt.

3-A administrative possession is carried out by the municipal officials responsible

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by the supervision of works, by drawing up a self where, in addition to if

identify the act referred to in the preceding paragraph, the state in which it is

finds the terrain, the work and the remaining constructions existing on the site, as well as the

equipment that there meet.

4-Treating the coercive execution of an embargo order, the officials

municipal officers responsible for the supervision of works proceed to the sealing of the shipyard

of the work and the respective equipment.

5-In duly justified cases, the speaker of the chamber may authorize the

transfer or withdrawal of equipment from the site of fulfillment of the work, by its

initiative or the application of the owner of the work or its contractor.

6-The owner of the works or his or his contractor must be notified whenever the

equipment is deposited elsewhere.

7-A The administrative possession of the land and equipment remains for the period

necessary to the coercive execution of the respective measure of guardia of legality

urbanistic, lapsing at the expiry of the deadline set for it.

8-Dealing with coercive execution of a demolition order or work of

correction or alteration of works, these must be performed in the same period as

had been granted for the purpose to its addressee, counting that deadline to

departure from the date of commencement of administrative possession.

9-A execution referred to in the preceding paragraph may be made by administration

direct or on a scheme of a direct adjustment, upon consultation with three

companies holding alvshall of public works contractors of class and category

suitable to the nature and value of the works.

Article 108.

Expenses carried out with the coercive execution

1-The amounts relating to the expenditure incurred pursuant to the previous article,

including any damages or financial penalties that the Administration

has to endure for the purpose, are of the offender's account.

2-When those amounts are not paid voluntarily within 20 days of

count of the notification to the effect, they are charged judicially in proceedings of

tax execution, serving as an executive title certificate, passed by the services

competent, demonstrative of the expenses incurred, and may still accept the chamber,

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for the extinction of the debt, dation in fulfillment or in the function of compliance in

terms of the law.

3-The credit referred to in paragraph 1 shall enjoy real estate privilege over the lot or land

where the building is located, graduated following the credits referred to in point (b) of the

article 748 of the Civil Code.

Article 109.

Cessation of use

1 - Without prejudice to the provisions of Article 2 (2) and (2) of the Decree-Law No. 281/99, of

July 26 , the mayor of the city hall is competent to order and fix

deadline for the cessation of the use of buildings or their autonomous fractions

when they are occupied without the necessary authorisation of use or when

are being allocated to the diverse end of the schedule in the respective alvshall.

2-When the occupants of the buildings or their fractions do not cease to use

undue in the fixed term, may the municipal chamber determine the eviction

administrative, applying, with due adaptations, the provisions of Article 92.

3-The eviction determined in the terms of the preceding paragraph shall be overstated

when, by treating as a building or its fraction that are being used for

housing, the occupant shows, by medical certificate, that the execution of the same poses

at risk of life, for the reason of acute illness, the person who finds himself on the spot.

4-In the situation referred to in the preceding paragraph, the eviction may not proceed while

the municipal chamber does not provide for the rehousing of the person in question, the

expense of the responsible for misuse, in the terms of the previous article.

CHAPTER IV

Guarantees of private individuals

Article 110.

Right to information

1-Any interested person has the right to be informed by the respective chamber

municipal:

a) On the instruments of development and territorial planning in force for

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certain area of the municipality, as well as of the other general conditions to which they must

obey the urbanistic operations referred to in this diploma;

b) On the state and progress of the processes that concern them directly,

with specification of the acts already practiced and of the respective contents, and of those who

are still to be read, as well as of the deadlines applicable to the latter.

2-Information provided for in the preceding paragraph shall be provided

regardless of dispatching and within 15 days.

3-Interested parties have the right to consult the processes that tell them

directly respect, particularly by electronic means, and to obtain the certificates or

authenticated reproductions of the documents that integrate them, upon payment

of the importances that are due.

4-Access to the processes and the passage of certificates must be required in writing,

except for consultation by electronic means, and is provided independently of dispatch and in the

period of 10 days from the date of the submission of the respective application.

5-A fixed municipal chamber at the earliest one day a week for services

competent municipal people are specifically available to the citizens for the

presentation of possible requests for clarification or information or

complaints.

6-The rights referred to in paragraphs 1 and 3 are extensive to any persons who come forward

have legitimate interest in the knowledge of the elements they want and still, to

defense of diffuse interests defined in the law, any citizens in the enjoyment of their

civil and political rights and the associations and foundations defenders of such interests.

Article 111.

Silence of the Administration

Decorate the deadlines set for the practice of any specially regulated act

in the present diploma without the same showing practiced, the following is observed:

(a) Dealing with an act that should be practiced by any municipal body in the

scope of the licensing procedure, the person concerned may make use of the procedure

regulated in Article 112;

b) revoked

(c) by dealing with any other act, he considers himself to be tacitly deinjured the claim,

with the general consequences.

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Article 112.

Judicial subpoena for the practice of act legally due

1-In the case provided for in Article 111 (a), may the person concerned ask the court

circle administrative of the area of the headquarters of the authority required to subpoena the

competent authority to carry out the practice of the act showing due.

2-The subpoena application must be submitted in duplicate and instructed with

copy of the application for the practice of the due act.

3-A The office, as soon as it governs the entry of the application, expedits by post

notification to the requested authority, accompanied by the duplicate, to respond on time

of 14 days.

4-Join the response or the respective deadline, the process goes with a view to the

Prosecutor's Office, for two days, and then it is conclusive to the judge, to decide in the

period of five days.

5-If there is no foundation of rejection, the application will only be dismissed when the

authority required to make proof of the practice of the act due until the expiry of the deadline

for the answer.

6-In the decision, the judge sets up no more than 30 days for the authority to

required to practise the act due and fixed penalty payment penalty, in the terms

provided for in the Code of Procedure in the Administrative Courts.

7-At the request of subpoena is applicable the provisions of the Code of Procedure in the Courts

Administrative as for urgent proceedings.

8-The appeal of the decision has merely devolutive effect.

9-Elapsed the deadline set by the Court without showing the due act of the act, the

interested may prevail from the provisions of Article 113, with the exception of the provisions

in the following number.

10-In the situation provided for in the preceding paragraph, dealing with approval of the project of

architecture, the person concerned may piece together the specialty projects or, if it already has

done in the initial application, the term count set out in point (s) starts c) of the n.

1 of Article 23 para.

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Article 113.

Tacit deinjury

1-In the situations referred to in paragraph 9 of the preceding article, the person concerned may initiate and

continue the implementation of the proceedings in accordance with the application submitted in the

the terms of Article 9 (4), or give immediate use to the work.

2-The beginning of work or use depends on the prior payment of fees

that show due to the terms of this diploma.

3-When the municipal chamber refuses to settle or receive the fees due, the

interested may proceed to the deposit of the respective amount in institution of

credit to the order of the city hall, or, when the settlement is not carried out,

prove that you are guaranteed your payment by surety, by any

means in law admitted, by amount calculated in the terms of the regulation

referred to in Article 3 para.

4-For the purposes set out in the preceding paragraph, it shall be affixed to the services of

treasury of the city hall the number and the banking institution in which the same

account and where it is possible to make the deposit, as well as the indication of the

municipal regulation in which the rates referred to in paragraph are provided for

2.

5-In case the city hall does not carry out the settlement of the fee due neither give

compliance with the provisions of the preceding paragraph, the person concerned may start the proceedings

or give immediate use of the work, giving that fact knowledge to the chamber

municipal and requiring the administrative court of circle of the area of the headquarters of the

autarky that inteam this to issue the licence alvshall of use.

6-To the request for subpoena referred to in the preceding paragraph shall apply to the provisions of paragraph 7

of the previous article.

7-A certificate of the sentence carried forward on trial that there is subpoena to the issuance of the

will alvate of licence to use replaces, for all legal effects, alvshall not

issued.

8-In the situations referred to in this article, the work may not be embarked on by

any administrative authority on the grounds of the lack of license.

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Article 114.

Administrative challenge

1-The opinions expressed that are issued by organs of the central administration

in the context of the procedures regulated in this diploma may be the subject of

autonomous administrative challenge.

2-A The administrative challenge of any acts carried out or opinions issued

in the terms of this diploma must be decided within 30 days, finishes which

considers itself to be dewound.

Article 115.

Special administrative action

1-A Special administrative action of the acts provided for in Article 106 shall take effect

suspensive.

2-With the citation of the appeal petition, the administrative authority has a duty to

prevent, as a matter of urgency, the beginning or pursuit of the execution of the resorted act.

3-A all the time and up to the decision in 1 th instance, the judge may grant the effect

merely devolutive to the action, officiously or to the application of the defendant or the

Prosecutor's Office, case of the same result hints of the illegality of its

interposition or its improvenance.

4-From the decision referred to in the preceding paragraph it is up to appeal with effect merely

bounty, which goes up immediately, separately.

CHAPTER V

Fees inherent in urban planning operations

Article 116.

Rate for the realization, maintenance and enhancement of urbanistic infrastructure

1-A issuance of licence and permit alvarages and the admission of

prior communication provided for in this diploma are subject to the payment of the

fees referred to in point (b) of Article 6 of the Decree-Law No. 53-E/2006 of 29 of

January.

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2-A issue of licence alvshall and the admission of prior communication of

lotement are subject to the payment of the fees referred to in point (a) of the article

6. of the Decree-Law No. 53-E/2006 of January 29.

3-A issue of the licence alvshall and the admission of prior communication of works of

construction or extension in area not covered by lotion operation or

alvings of urbanization works is also subject to the payment of the said fee

in the previous number.

4-A The issuance of the partial licence alvshall referred to in Article 23 (6) is

also subject to the payment of the fee referred to in paragraph 1, where there is no place at

settlement of it upon the issuance of the definitive alvshall.

5-The draft municipal regulation of the fee for the realization, maintenance and

enhancement of urban infrastructure must be accompanied by the rationale

of the calculation of the rates provided for, taking into account, in particular, the following

elements:

a) multiannual programme of municipal investments in the implementation, maintenance and

enhancement of general infrastructure, which can be defined by geographical areas

differentiated;

b) Differentiation of the applicable rates in function of the uses and typologies of the buildings

and, eventually, of the respective location and corresponding local infrastructures.

6-The provisions of the preceding paragraphs shall also apply to urban planning operations

object of prior communication.

Article 117.

Settlement of fees

1-The chairman of the municipal chamber, with the deferring of the request for

licensing, proceeds to the settlement of fees, in accordance with the regulation

approved by the municipal assembly.

2-The payment of the fees referred to in paragraph 2 a to 4 of the preceding Article may, by

deliberation of the municipal chamber, with faculty of delegation in the president and of

subdelegation of this in the councillors or in the leaders of municipal services, be

fractionated until the end of the term of implementation fixed in the alvshall, provided that it is

provided collateral pursuant to Rule 54.

3-From settlement of fees rests with gracious claim or judicial challenge, in the

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terms and with the effects provided for in the Code of Procedure and Process

Tributary.

4-A requirement, by the city hall or by any of its members, of more-

valias not provided for in the law or any countermatches, compensations or

donations gives the holder of the licence or prior communication for the realization of

urbanistic operation, when it gives fulfillment to those demands, the right to reaver

the improperly paid amounts or, in cases where the counterparts,

compensation or donations are carried out in kind, the right to the respective

return and to the compensation to which there is place.

5-In the cases of autoliquidation provided for in this diploma, the chambers

municipal must compulsorily make regulations available and too much

elements necessary for its efective, and the applicants may use the expedient

provided for in Article 113 (3)

CHAPTER VI

Final and transitional provisions

Article 118.

Conflicts arising from the application of municipal regulations

1-For the resolution of conflicts in the implementation of the planned municipal regulations

in Article 3 may those interested apply for the intervention of an arbitral commission.

2-Without prejudice to the provisions of paragraph 5, the arbitral commission shall consist of a

representative of the city hall, a representative of the person concerned and a technician

designated by co-optation, expert in the matter on which the dispute focuses, which

preside.

3-In the absence of agreement, the technician is assigned by the president of the court

competent circle administrative in the administrative circumscription of the municipality.

4-The constitution and operation of the arbitral commissions applies to the provisions of the law

about voluntary arbitration.

5-The public associations of a professional nature and the business associations of the

construction industry sector can promote the establishment of arbitration centres

institutionalized for the realization of arbitrages in the framework of the subjects provided for

in this article, in the terms of the law.

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Article 119.

Relation of territorial management instruments, servings and utility constraints

public and other relevant instruments

1-Municipal chambers shall keep up-to-date the relationship of the instruments of

territorial management and administrative servings and restrictions of public utility

especially applicable in the area of the municipality, namely:

a) The referring to regional planning of spatial planning, special plans of

spatial planning, municipal and inter-municipal planning of planning

territory, preventive measures, areas of priority urban development, areas of

priority construction, critical areas of reclamation and urban reconversion and

loteed alvaras in force;

b) Classified real estate protection zones, or in classification pathways, reserves

protection archaeological and special areas of protection of archaeological park a

referred to in Law No. 107/2001 of September 8;

c) [ Revoked ];

d) Zones of protection to buildings and other constructions of public interest, to which if

refers to the Decree-Law No. 40388 of November 21, 1955;

(e) Real estate or natural elements classified as of municipal interest, to which if

refers to Law No. 107/2001 of September 8;

f) Zones of protection of public water albufairs, referred to in the Decree-Law

n. 502/71 of November 18;

g) Integrated areas in the public or private water domain, to which the

Decree-Law No 468/71 of November 5, and Law No. 58/2005 of December 29;

h) National parks, nature parks, nature reserves, recreation reserves, areas of

protected landscape and places, sites, sets and classified objects, to which

refers to the Decree-Law No. 19/93 of January 23;

i) Areas integrated into the National Agricultural Reserve, referred to in the Decree-Law n.

196/89, of June 14;

j) Areas integrated into the National Ecological Reserve, referred to in the Decree-Law n.

93/90, of March 19, in the drafting of the Decree-Law No. 180/2006 of September 6;

l) Zones of protection established by Decree-Law No 173/2006 of August 24.

2-The municipal chambers also maintain the relationship of the

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municipal regulations referred to in Article 3, of the territorial action programmes

running as well as the delimited execution units.

3-A information referred to in the preceding paragraphs shall be made available on the site

Internet of the municipality.

Article 120.

Duty of information

1-The municipal chambers and the Coordination and Development Commissions

Regional have the duty of mutual information on processes relating to operations

urbanities, which must be met by communication to be sent within

20 days from the date of receipt of the respective application.

2-Not being provided the information provided for in the preceding paragraph, the entities that

have requested may resort to the process of subpoena regulated in the articles

104. and following of Law No. 15/2002 of February 22.

Article 121.

Regime of notifications and communications

The notifications and communications referred to in this diploma and addressed to applicants

they must be carried out via e-mail or other means of transmission

data electronics, save when this is not possible or show inadequate.

Article 122.

Subsidiary legislation

To everything that is not specially provided for in this diploma applies

subsidiary to the Code of Administrative Procedure.

Article 123.

Relation of legal provisions regarding construction

Until the codification of the technical standards of construction, it is incumbent on those of the members of

Government responsible for public works and land-use planning

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promote the publication of the relationship of legal and regulatory provisions to be observed

by the responsible technicians of the works projects and their implementation, and

relationship on the websites of the ministries concerned.

Article 124.

Legal deposit of projects

The Government will regulate, within six months from the date of entry into

vigour of the present diploma, the regime of the legal deposit of urbanization projects and

edification.

Article 125.

Previous Alvarás

The changes to alvaras issued under the legislation now repealed and the

Decrees-Laws No 166/70 of April 15, 46673, of November 29, 1965,

289/73, of June 6, and 400/84, of December 31, shall be governed by the provisions of the

present diploma.

Article 126.

Statistical elements

1-A The municipal chamber sends monthly to the National Statistical Institute the

statistical elements identified in portaria of the members of the Government

responsible for local administration and spatial planning.

2-The supports to be used in the provision of the information referred to in the preceding paragraph

will be fixed by the National Statistical Institute, after auscultation of the entities

involved.

Article 127.

Autonomous Regions

The scheme provided for in this diploma shall apply to the Autonomous Regions, without prejudice to the

legal diploma that proceeds to the necessary adaptations.

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Article 128.

[ Revoked ]

Article 129.

Revocations

They are revoked:

a) The Decree-Law No 445/91 of November 20;

b) The Decree-Law No 448/91 of November 29;

c) The Decree-Law No 83/94 of March 14;

d) The Decree-Law No 92/95 of May 9;

e) Articles 9, 10 and 165 to 168 of the General Regulation of Edifications

Urban, approved by the Decree-Law No. 38382 of August 7, 1951.

Article 130.

Entry into force

This diploma shall come into force 180 days after the date of its publication.