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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445304f5331594c6d527659773d3d&fich=ppl149-X.doc&Inline=false

1 PROPOSAL of law No. 149/X explanatory memorandum to Decree-Law No. 555/99, of December 16, relating to the legal framework for the municipal licensing of the allotment, the works of urbanisation and private works, was not able to introduce simplification, speed and accuracy suitable for licensing, highlighting several difficulties arising in the inappropriate administrative control, sometimes redundant in the absence of coordination between the entities involved and the total absence of recourse to information technology are very common today. So, after five years since amendment to the legal framework of the construction and urbanization, operated by Decree-Law No. 177/2001, of June 4, there is an urgent need to introduce changes on the removal of unjustified barriers to citizen and the streamlining of procedures, changes that fall within the broader context of Administrative and legislative simplification programme ' Simplex '. With a view to overcoming these obstacles and in compliance with the Government's proposed Program changes this scheme, which are characterized by a new delimitation of the scope of the various procedures for prior checking, including the revocation of the authorisation, adapted to the existing planning level, the impact of urban intervention and the responsibility of each intervener , results in a significant decrease in the prior checking, your limitation to what is appropriate and necessary and return to individuals of freedom and initiative in carrying out small works inside buildings, all balanced by the strengthening of municipal supervision and accountability of those involved.

Thus, it is proposed that the exemption of prior scrutiny of the works of buildings not classified or in the process of sorting, or their fractions, that do not involve changes in the cérceas, the way of the façades, roofs and stability structure, putting an end to the current need for advance notification; the expansion of the scope of the prior communication which becomes part of the urbanization works, construction, modification or expansion and remodeling work in 2 areas covered by operation of blending or detailed plan, as well as interventions in consolidated areas and with a view to the urban recovery and redefining and implementing the licensing exemption situations or prior communication interventions of scarce urban relevance. Urban interventions aimed to restoring and refurbishing consolidated urban areas are benefited with the entry of advance notification and exemption from licensing. Was held the possibility of individuals using prior information, however, have been extended its effects, which, under certain circumstances, allow access to mere advance notification. It also featured the disclaimer deserve licensing or advance notice of the town planning operations relating to business parks and the like, namely business localization areas, industrial zones and logistics, when promoted by the public administration. These changes do not correspond to the resignation of the public administration of the control and supervision of the conformity of the urban interventions, on the contrary inspectivas skills remain unchanged, while safeguarding the possibility for monitoring the legality of the municipality at any time. On the other hand, released the public administration for the exercise of these tasks at the expense of other bureaucratic purposes that did not demonstrate ensure the legality and compliance with the rules of construction. In return for these changes, strengthens the accountability of promoters, subscribers of the projects and the responsible technicians from the direction of the works, by changing the minimum value of the counter ordering applies to false statements and temporal enlargement of penalties, keeping the existing criminal typification. Also at the level of the system of lots, reparcelling and reparcelamentos was made a clearance of transactions which in fact should be submitted to your regime. So, if your scope's rejected the mere reparcelling and the subjection of the reparcelamentos the licensing of the will of the holders, where the plots that ensued are not aimed at immediately urbanization or edification. Also, fix the procedure useless acts as the submission to public discussion in situations where the regulator is linked the concrete causes of rejection. Another fundamental change in terms of redefining the relationship with 3 external entities to the municipalities, by creating a system based on coordination and use of information technologies. In the current system, the consultations should authorities decide on the town planning operations due to the location, suitability or conformity with territorial management instruments are made individually and sectorializada with clear prejudice to the speed, simplification and uniformity of understanding. As soon as these consultations shall be conducted through a single coordinating entity, which emits a global and binding decision of the Central Government. On another level, the queries for approval or certification of specialties will also projects in electronic structures, which, however, will be exempted, in certain situations, by the assumption of compliance by the technical manager. This accountability will also extend to the execution phase, putting an end to the implementation of surveys for these external entities.


Another fundamental change is related to the creation of a system of authorisation to use common to all urban interventions and autonomous procedures for prior checking. This system is based on the assumption by the coach responsible for the conformity of the building with the projects approved or presented, reserving the survey for use of built to exceptional situations, creating at the same time, a clear and effective regime for the realization of the same, when takes place. Also here there is the risk of lack of control or supervision by the local authority, as the inspection will take place when there are indications of noncompliance, continuing the municipality to be able to exercise its supervisory jurisdiction at any time, in particular before the completion of the buildings. These changes will have considerable reflexes in other licenses, as a result of your relationship with special procedures, including the industrial, tourist and whose reviews are also underway. With a view to the protection of individuals and the strengthening of legal certainty, promotes the amendment invalid licensing acts, establishing a maximum period for the promotion of the Declaration of invalidity of five years. In the procedural domain establishes the General resource information technologies, with the necessary dematerialisation of the administrative procedure from the reception to the subsequent treatment, as well as the internal and external monitoring of the procedures through the figure of the Manager of procedure that, among other privileged functions 4 for each procedure, will be in charge of verifying compliance with the deadlines, identify obstacles to normal development of each procedure and provide information to interested parties without prejudice to the applicant's online access to specific information on the development of your procedure and general information about the same.

Finally, as regards the procedural statement, walks to the unofficial statement of procedures for all the documentary elements that are available to the public administration; that matter will be the subject of development in qualifications. Were heard the Government organs of the autonomous regions and the National Association of Portuguese municipalities. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 amendment to Decree-Law No. 555/99, of December 16 The articles 2 to 18, 20 to 25, 27, 35 to 37, 39, 42 to 45, 47 to 90, 92, 93, 97 to 99 , 102, 103, 105, 106, 109 to 113, 115 to 117, 119 to 123, 126, 127 and 130 of Decree-Law No. 555/99, of December 16, are replaced by the following: ' article 2 [...]

For the purposes of this Decree-Law: (a) ") [...]; b) […]; c) reconstruction Works without preservation of facades: the construction of the total or partial demolition of an existing building, of which the reconstruction of the structure of the facades, the height and number of floors; 5 d) [...]; e) […]; f) […]; g) […]; h) […]; I) blending operations: the actions which have as their object or effect the establishment of one or more consignments, immediate or subsequently, the urban building, and resulting from the Division of one or several buildings, or your, landslide prevention; j) town planning operations: operations development, building materials, use of buildings or the ground, provided that in the latter case, non-agricultural, livestock, forestry exclusively, miners or public water supply; l) […]; m) works of scarce urban relevance: the works of building or demolition which, by your nature, size or location have scarce urban impact. n) reconstruction with preservation of facades: the construction following the demolition of part of an existing building, preserving the main facades with all their dissonant elements and does not lead to building with height higher than that of neighbouring buildings. the) consolidated urban area: zone characterized by a density of occupation that allows you to identify a mesh or urban structure already defined, where there are the essential infrastructure and where are defined the alignments of the marginal plans for buildings in continuity.

Article 3 [...]

1-in the exercise of regulatory power your own, the municipalities approve municipal urban planning and regulations or building, as well as regulations on release and settlement fees and security that, by law, are necessary for conducting urban operations. 6 2-the regulations provided for in the preceding paragraph shall have as its objective the realization and implementation of this law and cannot hinder him willing, and shall fix the amounts of the fees to be charged in the cases of admission of prior communication and tacit acceptance, these values may not exceed those laid down for the licensing or express Act. 3-the draft of the regulations referred to in paragraph 1 are submitted to public discussion, for a period of not less than 30 days before your approval by municipal bodies. 4 - […].

Article 4 License


1-urban operations depends on prior license, in accordance with the exceptions provided for in this section. 2-[...]: a) blending operations; (b)) the works of urbanization and the refurbishment of land in an area not covered by blending operation; c) construction, alteration and expansion in the area not covered by blending operation; d) the works of reconstruction, extension, alteration, maintenance or demolition of real estate classifieds, or in the process of classification, and the construction, reconstruction, extension, alteration, maintenance or demolition of buildings situated in protected areas of real estate classifieds, as well as the buildings integrated into sets or classified sites or in areas subject to servitude or administrative restriction of public utility; and) The reconstruction without preservation of the facades; f) the works of demolition of buildings which are not provided for in the reconstruction works license; g) the other town planning operations that are license-exempt, pursuant to this law. 7 3-placing under licensing, landslide prevention acts of resulting parcels not intended for immediately urbanization or erection depends on the will of the owners.

Article 5 [...]

1 – […]. 2-[Repealed]. 3-approval of prior information is regulated in this law is the responsibility of the City Council, and may be delegated to the President with your Faculty of sub-delegation in councilors. 4-[Repealed].

Article 6 1 license Exemption – Without prejudice to the provisions of subparagraph (d)) of paragraph 2 of article 4, are exempt from license: a) The conservation works; (b)) change works inside buildings or their fractions, excluding real estate classifieds, or in the process of sorting, that do not involve changes in the structure of stability, of cérceas, of the shape of the facades and roofs; c) the works of reconstruction with preservation of facades; d) urbanization works and the works of remodeling of land in the area covered by operation of blending; and) the construction, alteration or expansion in the area covered by operation of blending or detailed plan containing the elements referred to in subparagraphs (c)), d) and (f)) of paragraph 1 of article 91 of the Decree-Law No. 380/99, of 22 September; f) construction, expansion or change in consolidated urban area, which respect the municipal plans and which doesn't work with building height higher than the most common height of the facades of the 8 front built on the side of the street where integrates with new building, on the stretch of road between the two nearest to a cross and elsewhere; g) building pools associated with the main building; h) changes the use of the buildings, as well as the lease for residential purposes of buildings or unlicensed instalments, in accordance with paragraph 4 of article 5 of Decree-Law No. 160/2006 of 8 August. I) the works identified in article 6; j) highlights referred to in paragraphs 4 and 5. 2 – [Repealed]. 3-Notwithstanding the provisions of article 37 special procedures that require external consultation, the works referred to in (c)) h) of paragraph 1 shall be subject to the scheme of prior communication. 4-The acts which have the effect of highlighting a single portion of building with building description that is in urban area are exempt from license, since the two plots resulting from featured contrasting with public streets. 5-in the areas outside of the urban perimeters, the acts referred to in the preceding paragraph are exempt from license when, cumulatively, are fulfilled the following conditions: (a)) [...]; b) […]. 6-in the cases referred to in paragraphs 4 and 5, it is not permitted to carry out, in the area of the building originally, again featured in accordance with mentioned therein for a period of 10 years from the date of the previous highlight. 7-the conditioning of the building as well as the burden of not splitting, referred to in paragraphs 4 and 5 shall be entered in the land register on the resulting parcels highlight without which cannot be licensed any construction work in these plots. 8 - […]. 9-the certificate issued by the City Council, demonstrating that the verification of the requirements of the featured document is enough to land registry purposes of portion highlighted. 10-The acts which have the effect of the highlight of plot with building description that is located in the urban perimeter and outside this should comply with the provisions of paragraphs 4 and 5. 9 Article 7 [...]

1-are also free of license: a) [...]; b) […]; c) building or demolition works promoted by public institutes that have specific assignments for the safeguarding of the cultural heritage or the promotion and management of the State housing stock and which are directly related to the carrying out of these tasks; d) […]; and) the works of building or demolition and promoted by concessionaires of public works or services, when you reconduzam the pursuit of the object of the concession; f) urban operations promoted by public enterprises for business parks and the like, namely business localization areas, industrial zones and logistics. 2 - […]. 3-blending operations and works of urbanization promoted by local authorities and their associations in the area not covered by the municipal land use plan must be previously authorized by the City Council, after undergoing prior non-binding opinion of the Regional Co-ordinating Commission (CCDR), which must give its opinion within 20 days of receipt of the respective request. 4-blending operations and the urbanization works promoted by the State must be previously authorized by the Minister of tutelage and the Minister responsible for land use planning, after hearing the City Council, which must give its opinion within 20 days of receipt of the respective request. 5 - […]. 6-implementation of town planning operations provided for in this article must comply with the legal and regulatory rules applicable to them, in particular those of territorial management instrument, the legal regime for the protection of cultural heritage, the legal regime applicable to the management of construction waste and demolition 10, and the technical standards of construction. 7 - […].

Article 8 [...]


1-the prior checking of the town planning operations obey the forms of procedure provided for in this section, being special licensing conditions laid down in section III of this chapter. 2-Without prejudice to the powers of the Manager of procedure, the Board of education of the procedure the President of the City Council, and may be delegated in aldermen, with faculty of sub-delegation in leaders of municipal services. 3-each procedure is accompanied by procedure Manager, responsible for ensuring the normal development of the procedure, following, in particular, education, meeting deadlines, providing information and clarification to interested parties. 4-the receipt of the submission of application for licensing, prior information or advance notification contains the ID of the procedure, as well as the indication of the place, the time and the way by which you can be contacted. 5-In case of replacement of the procedure Manager is notified to the party concerned, the 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 Decree-Law starting through petition or communication submitted by electronic means and through the system laid down in the previous article, addressed to the President of the City Council, which must bear the identification of the applicant or communicating, including the domicile or headquarters, as well as an indication of the quality of holder of any right that you check out the faculty to conduct urban operation. 2-the application or communication consists also an indication of the request or 11 subject in clear and precise terms, identifying the type of urban operation to be carried out by reference to article 2, as well as their location. 3-When respect to more than one of the types of town planning operations referred to in article 2 directly linked, should be identified all the transactions covered, in this case the form of procedure corresponding to each type of operation, without prejudice to the conduct and joint assessment. 4-the request or communication is accompanied by the supporting elements laid down in Ordinance approved by the members of the Government responsible for public works and for regional planning, in addition to the documents specifically referred to in this decree-law. 5 – [Repealed]. 6-With the presentation of the petition or communication is sent by electronic means receipt delivered by electronic means. 7-in the initial application may request the party concerned to indicate entities that, under the law, must issue an opinion, authorization or approval in respect of the application, and such notified within 15 days, unless the injunction request rejection pursuant to article 11 8-Manager of the procedure notes in subsequent joint process of any new documents and the date of the consultations the entities outside the municipality and the receipt of replies When appropriate, as well as the date and the content of the decisions of the municipal organs. 9-substitution of the applicant or of communicating responsible for any of the projects or the technical director of the work must be reported to the Manager of the procedure for which this proceed to the respective endorsement within 15 days from the date of replacement.

Article 10 [...]

1-the petition or communication is always accompanied by the authors of the draft declaration, which the record that were observed in the preparation of the legal and regulatory rules applicable, including the technical standards of construction and projects coordinator, certifying the compatibility between them. 12 2-of the declarations referred to in the preceding paragraph should also contain reference to the conformity of the project with the municipal land use plans apply to the claim, as well as with the allotment, when exists. 3-Notwithstanding the provisions of the following paragraph and in special legislation, can only subscribe to the legally entitled technical projects which are included in the public association of professional nature and you do your registration validity proof at the time of submission of the initial application. 4 – the technicians whose activity is not covered by the public association can subscribe to the projects for which they have appropriate clearance, pursuant to professional qualification regime required technicians responsible for elaboration and subscription of projects or in special legislation on the public body legally recognized. 5-the authors and coordinator of projects shall declare, in particular in situations provided for in article 60, which technical standards or regulations in force that were not observed in elaboration thereof, stating the reasons for reasons for your failure. 6-where irregularities are detected in terms of responsibility, with regard to the legal and regulatory rules applicable and compliance of the project with the municipal land-use plans or license of allotment, when available, should the same be communicated to the public association of professional nature where the coach is registered or the public body legally recognized in the case of technicians whose activity is not covered by the public association.

Article 11 [...]


1-the President of the City Council, for your initiative or by indication of the procedure, decide the formal and procedural issues that may prevent the knowledge of any request or communication submitted under the present law. 2-the Mayor gives order to improve request, within eight days of its submission, where the 13 petition or communication does not contain the identification of the applicant or of communicating application or location of urban operation to be carried out, as well as in the case of Miss instrutório chargeable document that is indispensable to the claim and whose lack cannot be automatically supplied. 3-in the case referred to in the preceding paragraph, the applicant is notified for communicating or, within 15 days, correct, or complete the application, getting suspended further terms of the procedure, under penalty of rejection injunction. 4-within 10 days after the presentation of the petition or communication, the Mayor may also utter rejection injunction, of its own motion or by indication of the procedure, when analysing the supporting elements that the application is manifestly contrary to legal provisions or regulations. 5-not rejection injunction, or invitation to correct or complete the request or communication, within the time limit laid down in paragraphs 2 and 4, it is assumed that the petition or communication are properly instructed. 6-without prejudice to the preceding paragraphs, the Manager of the procedure must make known to the Mayor, until the final decision, any issue detrimental to the normal development of the procedure or prevent decision-making on the subject of the application, including the applicant's illegitimacy and the expiry of the right to be exercise. 7-Except with regard to the consultations referred to in article 13, if the final decision depends on the decision of a matter that is within the jurisdiction of another administrative authority or the courts, must the Mayor to suspend the procedure until the agency or the competent court if comment, notifying the applicant of that Act, without prejudice to the provisions of paragraph 2 of article 31 of the code of administrative procedure. 8-without prejudice to the provisions of the preceding paragraph, the person concerned may request the continuation of the procedure as an alternative to suspension, leaving the final decision subject, on your implementation, decision will be made by the administrative authority or Court of competent jurisdiction. 9-going on rejection of the application or communication, in accordance with this article, the party concerned to submit a new application or communication for the same purpose are exempted from joining the previously used documents which remain valid and appropriate. 14 10-the Mayor may delegate in aldermen, with faculty of subdelegation or the leaders of municipal services, the powers referred to in paragraphs 1 to 4 and in the following paragraph. 11-when the urban operation concerned the request or communication is integrated in the procedure, the applicant or applicant is notified within 15 days of the submission of this application, to the following effects: a) in the case of the procedure be simpler than the applicable, for, in 30 days , declaring intended that the procedure will continue in the form legally provided for, and, if so and the same deadline, add the elements that are missing, under penalty of rejection of the application; b) in the case of the procedure be more demanding than the applicable, take note of the unofficial translation of the procedure for the form legally provided for; c) in the case of the urban operation concerned be dismissed or license prior communication, take notice of the extinction of the procedure.

Article 12 [...]

The application for licensing or prior communication of urban operation, must be advertised in the form of warning, according to the model approved by order of the Member of Government responsible for land use planning, to put in the place of execution of the operation in a visible public pathway, within 10 days of the submission of the initial request or communication.

Article 13 Consultation to external entities 1-the consultation of entities which, by law, must issue an opinion, authorization or approval on the request is promoted by the Manager of the procedure and is carried out simultaneously, via the computer system provided for in Article 8a. 15 2-in the cases referred to in the following article, the procedure Manager communicates the request, with the identification of entities to consult , the CCDR. 3-the entities outside the municipality they come exclusively within the scope of its duties and responsibilities. 4-the entities consulted shall give its opinion within 20 days of the date of availability of the process. 5-it is considered to be agreement of those entities with a claim formulated if their opinions, authorizations or approvals are not received within the period specified in the preceding paragraph. 6-the opinions of foreign entities in the municipality are only binding when such works of the law, since based on legal or regulatory constraints and are received within the time limit. 7-are fixed in diploma engineering projects itself and technical certifications that require consultation, approval or opinion, internal or external, as well as the terms on which take place.

Article 14 [...]


1-Any person concerned may ask the Town Hall, the previous title, info on the feasibility of carrying out particular operation or urban town planning operations directly related, as well as on their legal or regulatory constraints, notably concerning infrastructure, administrative obligations and restrictions of public utility, urban indexes, cérceas, clearances and other conditions applicable to the claim. 2-When the application respecting the operation of blending, in an area not covered by the detailed plan, or the work of construction, extension or alteration in the area not covered by the detailed plan or operation of blending, the interested party may require prior information admire the following aspects, specifically on the basis of the information required and the evidence presented: a) the volumes , alignment, exits, and the building and deployment of sealing walls; b) […]; c) […]; 16 d) [...]; e) […]; f) intended for deployment-providing Areas of green spaces, equipment of collective use and road infrastructure. 3 – […]. 4 – […].

Article 15 [...]

Under the prior information procedure there is external consultations in accordance with articles 13, 13A and 13B, the entities whose opinions, authorizations or approvals condition, in accordance with the law, the information to be provided, whenever such consultation should be promoted in a possible application for licensing or presentation of prior communication.

Article 16 Decision 1-the City Council decides on the request for prior information within 20 days or, in the case referred to in paragraph 2 of article 14 within 30 days:) from the date of receipt of the request or of the elements requested in accordance with paragraph 3 of article 11; or b) [...]; c) […]. 2 - […]. 3 – the municipality indicates always, in favorable information, prior control procedure that is subject to completion of urban operation designed in accordance with the provisions of section I of chapter II of the present law. 4 - […].

17 article 17 [...]

1-prior favourable information links the competent authorities in deciding on a possible request for licensing or presentation of the urban communication that respects and, when made pursuant to paragraph 2 of article 14, ... has the effect of placing of urban operation in question to be carried out in precise terms that was appreciated, the prior communication and dispenses with the realization of new external queries. 2-the possible application or submission of advance notification provided for in the preceding article must be made within one year after the decision in favour of the request for information and, in the case of predicted at the end of paragraph 1, shall be accompanied by a declaration of the author and coordinator of the urban projects respect the limits set out in decision. 3-once the period fixed in the preceding paragraph, the particular may require the Mayor declaring that keep the assumptions of fact and law which have led to the earlier decision, and even decide within 20 days and running again within a year to make the submission of applications for licensing or advance notice if the assumptions remain or if the Mayor has not answered within legally foreseen. 4-do not suspend the procedures for licensing or advance notice required or presented with preliminary information support in the areas to be covered by new rules, urban municipal plan or special constants of regional planning or your review, from the date fixed for the commencement of public discussion and up to the date of entry into force of that instrument.

Article 18 [...]

1 - […]. 2 – [Repealed].

Article 19 [Repealed] 18 article 20 [...]

1-the assessment of architectural design, in the case of an application for licensing works provided for in (c)), d), and), f) and (g)) of paragraph 2 of article 4, focuses on your compliance with municipal land-use plans in the territory, special plans of spatial planning, preventive measures, priority urban development area, construction area of priority, administrative obligations restrictions on public utility and any other legal rules and regulations governing the appearance and the urban and landscape insertion of buildings, as well as on the proposed use. 2 - […]. 3-[...]: a) the date of receipt of the request or of the elements requested in accordance with paragraph 3 of article 11; or b) [...]; c) […]. 4-the applicant must present the specialties engineering projects necessary for the execution of the work within six months of notification of the Act approved the architectural design, in case you haven't presented such projects with the initial application. 5 -[…]. 6-the lack of presentation of the engineering projects of specialties within the time limit laid down in paragraph 4, or which result from an extension granted pursuant to the preceding paragraph, entails the suspension of the licensing process for the maximum period of 6 months, after which the forfeiture is declared after hearing the interested. 7 – [Repealed]. 8-statements of responsibility of the authors of the projects of engineering specialties that are enrolled in the public association constitute a guarantee of the compliance with the legal and regulatory rules applicable to projects, excluding your prior appreciation, unless the statements are made pursuant to paragraph 5 of article 10 19 article 21 [...]

The assessment of development projects, works of urbanization and the refurbishment of land by the City Council focuses on your compliance with municipal land-use plans, special plans of spatial planning, preventive measures, priority urban development area, construction area of priority, administrative obligations, restrictions and any other legal and regulatory rules applicable as well as about the use and urban and landscape integration.

Article 22 public consultation the municipalities can determine, by regulation, the prior subject to public discussion of blending operations licensing with significant urban relevance.

Article 23 [...]


1 - […]: a) […]; b) […]; c) within 45 days in the case of works referred to in (c)) and (d)), and), f) and (g)) of paragraph 2 of article 4; d) [Repealed]. 2 – [Repealed]. 3-the time limits laid down in (a)) and b) of paragraph 1 are from:) from the date of receipt of the request or of the elements requested in accordance with paragraph 3 of article 11; b) […]; c) […]. 20 4-[...]: a) the date of the presentation of the engineering projects of specialties or the date of the adoption of draft architecture, if the person concerned have presented along with the initial application; or b) When there is no place to look for external entities, from the date of receipt of the last of the opinions, authorizations or approvals; or (c)) [...]. 5- […]. 6-in the case of works referred to in (c)), d) and e) of paragraph 2 of article 4, the City Council may, at the request of the person concerned, approve a partial license for construction of the structure immediately after the delivery of all projects and engineering since deemed approved the architectural design and provided security for demolition of the structure to the smaller dimension floor in case of rejection. 7 - […].

Article 24. […]

1 - […]. 2-When the application has as its object the achievement of urban operations referred to in (a)) c), (d)), and) and g) of paragraph 2 of article 4, the rejection can still take place on the basis of: a) adversely affect the urban archaeological heritage, historical, cultural or scenic, natural or built; b) constitute evidence that urban operation overloading unaffordable to the existing infrastructure or services or imply, for the city, the construction or maintenance of equipment, performance of works or provision of services by this unexpected, particularly as the streets and water supply networks, electricity or sanitation. 3 – [Repealed]. 4-When the application has as its object the execution of works referred to in (c)) and d) of paragraph 2 of article 4, it may still be rejected when the work 21 may obviously affect access to and use of real estate classifieds of national interest or public interest, the aesthetics of the settlements, the adequate insertion in your urban environment or the beauty of the landscapes in particular as a result of noncompliance with the dominant cérceas, the volumetry of buildings and other provisions expressly provided for in regulation. 5-the order of licensing of the works referred to in point (c)) of paragraph 2 of article 4 should be dismissed in the absence of roads or infrastructure for water supply and sanitation or if the work designed to constitute evidence that an overload not affordable to the existing infrastructure. 6 – [Repealed].

Article 25 [...]

1-When there is draft decision of rejection on the grounds referred to in point (b)) of paragraph 2 and in paragraph 5 of the preceding article, there may be granting the request provided that the applicant at the hearing, undertakes to carry out the necessary work or to assume the costs involved in your implementation, as well as the operating costs of the infrastructure for a minimum period of 10 years. 2 – [Repealed]. 3-In case of acceptance in accordance with paragraph 1, the applicant shall, before issuing the permit, celebrate with the City Council on the fulfilment of contract obligations and act appropriately, enjoying proportional reduction or exemption of fees for holding of urban infrastructures, in accordance with the fix in municipal regulation. 4 - […]. 5 - […]. 6 - […].

22 article 27 [...]

1-at the request of the person concerned, may change the terms and conditions of the license. 2 – [Repealed]. 3-Notwithstanding the provisions of article 48, the amendment to the blending operation license cannot be approved if written opposition from most of the owners of the lots contained in the Charter and, for this purpose, the procedure Manager proceed to your notification to pronunciation within 10 days. 4 - […]. 5 - […]. 6-change procedure are used in the process documents that remain valid and appropriate, promoting the Town Hall, where necessary, updating the same. 7-amendment of the licence gives rise to an addition to the Charter, which, in the case of blending operation, shall be communicated ex officio to the competent land registry for the purpose of endorsement, containing the elements in communication that translates the change. 8-amendments to the license of blending, with or without variation of the number of batches, which result in variation of the deployment or building areas up to 3%, provided they do not involve an increase in the number of fires, urban or uses parameter change in municipal land-use plan, are approved by a simple resolution of the City Council, with exemption of any other formalities , without prejudice to the other legal provisions and regulations. 9-exceptions to the provisions of paragraphs 3 to 6 changes to licence conditions that relate to the completion of licensed or the amount of urban security to guarantee the works of urbanization, which are governed by articles 53, 54 and 58 article 28 [Revoked] 23 article 29 [Repealed] article 30 [Repealed] article 31 [Repealed] article 33 [Deleted] article 35 [...]

1-prior communication shall be addressed to the Mayor, accompanied by the supporting elements fixed by Ordinance referred to in paragraph 4 of article 9, of liability pursuant to article 10 and the specifications referred to in paragraph 1 of article 77, with the effects provided for in your paragraph 3. 2-urban operations carried out under a prior communication shall comply with the legal and regulatory rules applicable to them, in particular those of territorial management tool and the technical standards of construction.

Article 36 rejection of prior communication


1-Without prejudice to article 11, within 20 days following the delivery of the communication and other elements referred to in the previous article, the Mayor should reject the communication time check that the work violates the legal provisions and regulations, in particular those contained in municipal land use plan, or the technical standards of construction in 24 force , or violates the terms of prior information. 2-the period referred to in the preceding paragraph is of 60 days when there is place the query to external entities.

Article 37 [...]

1-The town planning operations referred to in article 4 and 6 whose project, in accordance with special legislation applicable, requires central Government approval, in particular those relating to industrial enterprises, shops, entertainment venues and public amusements and taking place in real estate classifieds or in the process of classification and its protected areas are also subject to license or prior communication in accordance with the provisions laid down in the present law. 2-except as provided in law, the agencies cannot approve prior information, nor grant requests for license or previous communications concerning town planning operations provided for in paragraph 1, unless the applicant submits documentary evidence of the approval of the central Government. 3-time limits for City Council to decide on the requests for information in advance, or license prior to communication town planning operations provided for in paragraph 1 are counted from the date of delivery by the applicant of the document referred to in the preceding paragraph.

Article 39 prior authorization of location where the works are located in the area in terms of urbanization plan, detail plan or permit or advance notice of allotment in force expressly affects to the proposed use, is dismissed prior authorisation of location that, according to law, should be issued by central government bodies without prejudice to the other authorizations or approvals required by law relating to administrative obligations or restrictions.

25 article 40 [Repealed] SECTION III special licensing Conditions or prior communication article 42 the Committee of coordination and Regional Development 1-the licensing of blending operation that takes place in an area not covered by any municipal land use plan is subject to a prior opinion in favour of CCDR to which applies mutatis mutandis to the provisions of paragraphs 4 and 5 of article 13 2-the opinion of the CCDR is intended to evaluate the blending operation from the point of view of regional planning and checking your liaison with the territorial development instruments provided for in the law. 3-the opinion of REGIONAL COORDINATION lapse within two years unless, within that period, is licensed the operation of blending, or, once, there are no changes in the assumptions of fact and law on which he based the opinion. 4 - […].

Article 43 [...]

1 -[…]. 2-the parameters for the dimensioning of the areas referred to in the preceding paragraph are those defined in the municipal plan of land use planning. 3 - […]. 4 - […].

26 article 44 [...]

1-the owner and other holders of rights in rem over the building lot yield 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 permit or advance notice, should integrate the municipal domain. 2-for the purposes of the preceding paragraph, the applicant shall indicate the areas of the municipality in providing plant to deliver with the application for licensing or advance notice. 3-The parcels of land granted to the municipality are in the municipal domain with the issuance of the licence, or, in cases provided for in article 34, through own instrument to be carried out by the private notary of the municipality within the time limit laid down in paragraph 1 of article 36, the town hall setting at the time of receipt the plots allocated to public and private areas of the municipality. 4 - […].

Article 45 [...]

1 - […]. 2 - […]. 3 - […]. 4-the plots that, pursuant to paragraph 1, have reverted to the transferor shall be subject to the same purposes that should be assigned at the time of disposal, except in the case of instalment affecting collective use equipment, and shall in that case be affect the green space, and the endorsement of that fact in its planning and integration into admission of prior communication. 5 - […]. 6-going on real estate built on plot reversed, the Court may order the demolition, your application of the transferor under the terms established in articles 37 et seq. of law No. 15/2002, of February 22. 7 - […]. 8 - […]. 27 9-[...].

Article 47 [...]

1-The principles must comply if the administrative contracts granting the municipal domain referred to in the previous article are set out in Decree-Law itself, which lay down the rules to be observed in respect of the period of validity, content of the right to private use, obligations of the concessionaire and the municipality in terms of execution of works, provision of services and infrastructure maintenance guarantees to be provided and modes and terms the kidnapping and termination. 2-the use of the areas granted in accordance with the provisions of the preceding paragraph and the execution of the respective contracts are subject to supervision of the City Council, in accordance with the established in the diploma there referred to. 3-contracts as referred to in the preceding paragraph may not, under penalty of nullity of the corresponding clauses prohibit the access and use of the leased space from the public, without prejudice to the limitations to such access and use which are admitted in the diploma referred to in paragraph 1.

Article 48 [...]

1-the licence conditions or advance notice of allotment operation can be changed on the initiative of the City Council, provided that such amendment is necessary for the execution of municipal land use plan, special plan of spatial planning, urban development priority area, construction area of priority or critical area of recovery and urban redevelopment. 2 - […]. 3-the decision referred to in the preceding paragraph is preceded by the preliminary hearing the holder of the permit or communication and other interested parties, which have a period of 30 days to reach a decision on the draft decision. 4 - […].

28 article 49 [...]


1-in judicial or other legal documents, as well as on the instruments relating to acts or legal transactions resulting, directly or indirectly, the Constitution of lots in accordance with subparagraph (a) (i)) of article 2, without prejudice to articles 6 and 7, or the transmission of legally constituted lots, shall bear the number of the permit or of prior communication the date of issue or your admission by Town Hall, expiry date and the certificate of the land register. 2 - […]. 3 - […]. 4 - […].

Article 50 fractionation of rustic buildings 1-The splitting of rustic buildings applies the provisions of decree-laws Nos. 384/88 of 25 October, and 103/90 of 22 March. 2-The legal transactions resulting in the splitting or rustic buildings Division are reported by parties to the Town Hall of the place of the situation of the buildings, which promotes the communication of same to the Portuguese Geographic Institute. 3 - […].

Article 51 Registry Information 1-the conservative land registry refers to CCDR monthly until the day 15 of each month, a copy of the elements relating to blending operations and its annexes whose records have been requested in the previous month. 2-[Repealed].

29 Article 52 [...]

In advertising the sale of plots of land, buildings or building units in them built, under construction or to be built, it is obligatory to mention the number of the license of allotment or advance notification and the date of issue or your admission by the City Council, as well as its period of validity.

Article 53 [...]

1-With the decision referred to in article 26 or through municipal regulation in situations provided for in article 34, the body responsible for the licensing of the urbanization works establishes: a) The conditions to be fulfilled in the implementation of the same, including the compliance with the provisions of the scheme of management of construction and demolition waste produced in them, and the deadline for your conclusion; b) […]; c) […]. 2-in the situations provided for in article 34 the lead time is set by the person concerned, and may not, however, exceed the limits set by regulation. 3-the time limit set in accordance with subparagraph (a)) and paragraph 1 of paragraph 2 may be extended at the request of the person concerned, by reasoned once and for no more than half the initial period, when it is not possible to complete the works within the time limit established for this purpose. 4-[previous paragraph 3]. 5-the period referred to in paragraph 2 may also be extended as a result of amendment of the licence or prior communication admitted. 6-the extension of the time limit under referred to in the preceding paragraphs do not give rise to the issue of new permits or presentation and admission of new advance notification and should be mentioned in the Charter or existing communication. 30 7-the licence conditions or prior communication of works of urbanization can be changed on the initiative of the City Council, in accordance with and on the grounds set out in article 48 article 54 [...]

1-the applicant or provides collateral to guarantee communicating the good and regular implementation of works of urbanization. 2-the security referred to in paragraph 1 is provided in favour of the City Council, by means of a bank guarantee to the autonomous first request, mortgage on real estate owned by the applicant, cash deposit or performance bond and must appear in the title that it is subject to update in accordance with paragraph 4 and remains valid until definitive reception of the works of urbanization. 3-the amount of the security deposit is equal to the constant value of budgets for implementation of projects of the works to be implemented eventually fixed by the City Council with the issuance of the licence, which may be increased by an amount not exceeding 5% of that value, intended to compensate costs of Administration if show necessary to apply the provisions of articles 84 and 85-4 the amount of the security deposit must be : a) […]; b) Reduced, under the same terms, in accordance with the progress of works at the request of the person concerned, which must be decided within 15 days. 5 - […]. 6-the strengthening or the reduction of the deposit, in accordance with paragraph 4, does not rise to the issuance of new permits or presentation and admission of new communication.

Article 55 [...]

1 - […]. 2 - […]. 3 - […]. 31 4-When there is place the conclusion of contract of urbanization, he will mention in the planning or communication. 5-Along with the initial application, communication, and at any time the procedure until the approval of the works of urbanization, the person concerned may submit proposed contract of urbanization.

Article 56 [...]

1-the applicant may require the implementation by stages of urbanization, identifying the works included in each phase, the budget and the time limits within which it intends to apply for their license. 2-the application referred to in the preceding paragraph shall be submitted with the application for licensing of allotment, or, when the works of urbanization does not integrate in blending operation, with the application of the same. 3 - […]. 4 - […]. 5 - […]. 6-in the case of operation carried out under a prior communication, the applicant identifies the communication phases in which it intends to proceed to implement the works of urbanization, by applying mutatis mutandis the provisions of paragraphs 1, 2 and 3.

Article 57 [...]


1-the City Council lays down the conditions to be fulfilled in the implementation of the work with the approval of the application for licensing of the works referred to in (c)), d) and e) of paragraph 2 of article 4, and through municipal regulation to the works provided for in (c)) h) of paragraph 1 of article 6, and shall safeguard the provisions of the scheme of management of construction and demolition waste. 2-the conditions relating to the occupation of the public thoroughfare or the placing of sidings and seals are set out by the applicant's proposal, which, in the situations envisaged in subparagraphs (c)) h) of paragraph 1 of article 6, shall accompany the prior 32 communication and the City Council to change them if not based on violation of legal or regulatory standards applicable , or the need for articulation with other planned or existing occupations. 3 - […]. 4-the advance notification for works in the area covered by blending operation cannot take place before the provisional reception of the respective works of urbanization or the security referred to in article 54 5-the provisions of article 43 shall apply to procedures for licensing or advance notice of the works referred to in (c)), d) and e) of paragraph 2 of article 4 as well as to those provided for in (c)), d), and) and f) of paragraph 1 of article 6, when the adjoining buildings and functionally linked together, which determine, in urban terms, similar impact to a blending operation, in accordance with the set by municipal regulation. 6-the provisions of paragraph 4 of article 44 shall apply to procedures for licensing or advance notice of the works referred to in (c)), d) and e) of paragraph 2 article 4, as well as to those provided for in (c)), d), and), and f) of paragraph 1 of article 6, when it contemplates the creation of road and pedestrian circulation areas , green spaces and equipment for private use. 7-the provisions of the preceding paragraph shall also apply to procedures for advance notification of town planning operations provided for in points (a) to (d)) and e) of paragraph 1 of article 6, provided that it is made for your achievement in an area not covered by blending operation.

Article 58 [...]

1-fixed City Hall, with the acceptance of the application for licensing of the works referred to in (c)) g) of paragraph 2 of article 4, the deadline for execution of the work, in accordance with the programming proposed by the applicant. 2-in the situations provided for in (c)) h) of paragraph 1 of article 6, the lead time is set by the person concerned, and may not, however, exceed the limits set by regulation. 3-the periods referred to in the preceding paragraphs begin from the date of issuance of their licence, the date of the payment or the payment of fees or the collateral 33 in situations provided for in article 113, or the end of the period referred to in paragraph 1 of article 36, in the event of prior communication. 4-the deadline for the completion of the work can be changed by reason of public interest, duly substantiated, the Act of acceptance referred to in paragraph 1 or, in the situation referred to in paragraph 2, by the end of the period laid down in paragraph 1 of article 36 5-When it is not possible to complete the works within the time limit laid down, this may be extended the reasoned request of the person concerned, for once and for no more than half the initial period, except as provided in the following paragraphs. 6-When the work is in a phase of finishes, can the Mayor, at the request of the party concerned, grant reasoned further extension by an additional payment at the rate referred to in paragraph 1 of article 116, in an amount to be determined in regulation. 7-the time limit set in accordance with the preceding paragraphs can still be extended as a result of the amendment of the licence, as well as the presentation of changes to projects presented with the advance notice allowed. 8-the extension of the time limit under referred to in the preceding paragraphs do not give rise to the issue of new permits or presentation and admission of new advance notification and should only be in these mentioned. 9 - […].

Article 59 [...]

1-the applicant may opt for the phased execution of the work, and to that end, in the case of urban operation subject to licensing, identify the architectural design work included in each phase and indicate the time periods from the date of approval of that draft, which proposes to require the approval of the engineering projects of specialties related to each of these phases and the City Council establish different deadlines by reason of public interest has been found to be duly substantiated. 2 - […]. 3 - […]. 4 - […]. 34 5 – [Repealed] 6-[...]. 7-in the case of urban operation subject to advance notification, the party concerned identifies the communication phases in which it intends to carry out the execution of the work, by applying mutatis mutandis the provisions of paragraphs 1 and 2.

Article 60 [...]

1 - […]. 2-the license or admission of prior communication of works of reconstruction or alteration of buildings may not be refused on the basis of legal provisions or regulations consequential to the original construction, provided that such works do not entail or increase compliance with the regulations in force, or have resulted in the improvement of the health and safety of the building. 3-Notwithstanding the preceding paragraphs, the law may impose specific conditions for the exercise of certain economic activities in buildings already earmarked for such activities under the previous law, as well as to condition the execution of the works referred to in the preceding paragraph to the accomplishment of the work deemed necessary accessories for the improvement of safety and wholesomeness of the building.

Article 61 identification of the technical director of the holder of the building permit and the presenter of the prior communication are required to post a sign in imperishable material on the outside of the building, or to write one of his outer elements, the ID of the technical director of the work and the author of the architectural design.

35 article 62 [...]


1-the authorization of use of buildings or building units intended to verify conformity of work completed with the approved project and with the conditions of licensing or advance notice. 2-authorization, when there is no place for carrying out of works or in the case of change of use or rental authorization for non-residential buildings or unlicensed instalments, in accordance with paragraph 4 of article 5 of Decree-Law No. 160/2006 of 8 August, is intended to verify the completeness of the intended use with the legal and regulatory rules applicable and the suitability of the building or your autonomous fraction for the purpose intended.

Article 63 [...]

1-application for authorization of use should be instructed with consent forms signed by the authors of the work and the director of supervision of work, in which those must declare that the work was performed in accordance with the approved design and the licence conditions or prior communication and, where appropriate, that changes to the draft are in accordance with the legal provisions and regulations applicable to it. 2-the application for marketing authorization pursuant to paragraph 2 of the preceding article must be instructed with disclaimer signed by person entitled to be author of project according to the system of professional qualification of technicians responsible for elaboration and subscription.

Article 64 the granting of authorisation to use 1-use authorization is granted, within 10 days of receipt of the application, based on the disclaimer referred to in the preceding article, except in the situation referred to in the following paragraph. 2-the Mayor, ex officio or at the request of the Manager of the 36 procedure and within the time limit laid down in the preceding paragraph, determines the realization of inspection to be carried out in accordance with the following article, if there is any of the following situations: a) the application for authorisation to use not be instructed with the disclaimer referred to in the previous article; (b) there are serious indications, in particular) based on the elements contained in the process or work book, fulfill the order that determines the inspection, that the work is in compliance with the respective project or requirements. c) in the case of authorization referred to in paragraph 2 of article 62, there are serious indications that the building, or your independent fraction is not suitable for the purpose intended.

Article 65 [...]

1-the survey is within 15 days of the decision of the President of the Chamber referred to in paragraph 2 of the preceding article, since whenever possible on a date to be agreed with the applicant. 2-the survey is carried out by a Commission composed of at least three, to be designated by the City Council, of which at least two must have legal qualification to be author of project, corresponding to the subject of survey work, in accordance with the scheme of the professional qualification of technicians responsible for elaboration and subscription. 3-the date of carrying out of survey shall be notified by the City Council to the applicant for authorisation to use, which may be accompanied by the authors of the projects and the technical direction of the work technique, which participate, without the right to vote, in the survey. 4-the conclusions of the survey must be followed in the decision on the application for authorization. 5-in the case of imposition of change arising from the survey, the issuance of the authorization required depends on the proper conduct of these verification works by new survey request by the person concerned, which must be held within 15 days of the date of the respective application. 37 6-not the survey carried out within the time limits referred to in paragraphs 1 or 5, the applicant may request the issuance of authorization to use, upon presentation of proof of application of same pursuant to article 63 or the preceding paragraph, which is issued within 5 days and without the prior completion of survey.

Article 66 [...]

1-in the case of buildings incorporated in horizontal property regime, the authorization may have as its object the building on your whole or each of its building units. 2 - […]. 3 - […]. 4-the provisions of paragraphs 2 and 3 shall apply mutatis mutandis to buildings composed of units capable of independent use that are not subject to the horizontal property regime.

SECTION IV Validity and effectiveness of the licensing acts, the admission advance notification or authorization of use article 67 [...]

The validity of the licenses, acceptance of prior communications or permits to use urban operations depends on your compliance with legal standards and regulations in force on the date of your practice, without prejudice to article 60 article 68 38 Nothings are zero licenses, the admission of prior communications or use authorizations provided for in this diploma : a) violate the provisions of municipal land use plan, special plan of land use planning, preventive measures or development license in force; b) […]; c) […].

Article 69 Participation, special administrative action and a declaration of invalidity


1-the operative events of nullities provided for in previous article and any other facts that may result in the nullity of administrative acts provided for in this decree-law shall be filed, by whom, to the knowledge of them, public prosecutor for the purposes of filing the relevant special administrative action and respective procedural media accessories. 2-When the purpose of the licensing acts, for admission of prior communication or permits to use pursuant to any of the invalidades provided for in the preceding article, the citation to the licensee, prior communication or permits to use to challenge the action referred to in paragraph 1 have the effects provided for in article 103 to the embargo, without prejudice to the next paragraph. 3-the Court may, ex officio or at the request of those concerned, authorise the pursuit of the work if the resulting feature evidence of illegality of your lodging or your rejection, and the judge decides this issue, when there is no place within 10 days. 4-the possibility of the Court that issued the Act or decision declaring invalidity shall lapse within a period of 10 years, getting senile also entitled to propose the measure provided for in paragraph 1 if the facts that determined the nullity are not reported to the public prosecution service within that period, except for national monuments and its protection zone. 39 article 70 [...]

1-the city respond civilly for damage caused in the event of revocation, annulment or declaration of nullity, the admission of prior communications or permits to use whenever the cause of repeal, annulment or declaration of nullity resulting from unlawful conduct of holders of its organs or of its employees and agents. 2 - […]. 3 - […]. 4 - […].

SUBSECTION II lapse and revocation of license or the admission of prior communication article 71 [...]

1-the license or admission of prior communication to carry out operation of blending shall lapse: (a) the authorization is not required) to carry out the respective works of urbanization within one year from the date of notification of the Act of licensing, or, in the event of a prior communication, is not filed prior communication to the urbanization works within one year after the admission of that; or if b) [...]. 2-the license or the admission of prior communication to carry out operation of blending which does not require the execution of works of urbanization, as well as the license for conducting urban operations provided for in paragraph 1 (b))) and g) of paragraph 2 of article 4 shall lapse if, within one year from the date of notification of the Act of licensing or the admission of prior communication , is not required to issue the respective permit or initiated the works in the case of prior communication. 40 3-in addition to the situations referred to in the preceding paragraph, the license or the admission of prior communication to carry out urban operations referred to in the previous paragraph, as well as the license or the admission of prior communication to carry out blending operation that requires the execution of works of urbanization, expires: a) If the works are not initiated within nine months from the date of issue of the permit , the period laid down in article 36, or, in the cases referred to in article 113, the date of the payment of fees, your payment or your payment guarantee; b) If the works are suspended for more than six months, unless the suspension over not attributable to the holder of the licence or the admission of prior communication; c) […]; d) If the works are not completed within the time limit laid down in the permit or prior communication or its extensions, counted from the date of issuance of the permit or the time limit provided for in paragraph 1 of article 36; e) [Repealed]. 4 - […]: a) […]; b) […]; c) If you do not know the whereabouts of the holder of the relevant licence or prior communication without this there is indicated the City Council Attorney that represents it. 5-The caducidades provided for in this article shall be declared by the Town Hall, with the audience interested. 6 - […]. 7-in the case of a licence for the conduct of allotment or operation of works of urbanization, the expiry for the reasons set out in paragraphs 3 and 4 shall not in respect of the lots for which has been already approved application for licensing for building works or has already been presented advance notification of the completion of these works.

41 article 72 [...]

1-the holder of the permit or advance notice that there are expired may require new license or introduce new communication. 2-in the case referred to in the preceding paragraph, shall be used in the new process elements that accompanied the previous process, provided that the new application is submitted within 18 months from the date of lapse or, if this term has been used, there are no alterations of fact and law which justify new presentation. 3 – [Repealed].

Article 73 [...]

1-Without prejudice to the available in the next number, the license, the admission of prior communication or use permits may be withdrawn under the terms established in the law for acts constituting rights. 2-in the cases referred to in paragraph 2 of article 105 the license or the admission of prior communication can be revoked by the City Council within six months of the expiry of the period established in accordance with paragraph 1 of that article.

SUBSECTION III urban operations Article 74 titles under the license, the admission of advance notification and authorisation of use 1-urban operations subject to licensing are titrated by Charter, whose issue is a condition of validity of the licence. 2-the admission of prior communication town planning operations is known by the receipt of your submission with proof of acceptance in accordance with article 36-. 42 3-the authorization of use of buildings is titrated by Charter.

Article 75 [...]

The President of the City Council to issue the license to permit the realisation of urban operations, and may delegate this competence in councilmen with faculty of sub-delegation, or the leaders of municipal services.

Article 76 [...]


1-the applicant must, within one year from the date of notification of the Act of licensing or authorization of use require the issuance of their licence, showing to the effect the elements provided for in Ordinance passed by the Member of Government responsible for land use planning. 2 - […]. 3 - […]. 4-Notwithstanding the provisions of articles 64 and 65, the permit is issued within 30 days of the lodging of the request provided for in the preceding paragraphs, or of receipt of the elements referred to in paragraph 3 of article 11, provided that are paid the fees. 5-the application for issuance of permits can only be refused on grounds of revocation, suspension, revocation, annulment or declaration of nullity of license or the admission of prior communication or the lack of payment of the fees referred to in the preceding paragraph. 6-the planning follows a model type to be determined by Ordinance adopted by the Member of Government responsible for land use planning.

43 article 77 [...]

1-the planning of operation license of allotment or urbanization works should contain, in the terms of the license, the specification of the following elements, as applicable: a) [...]; b) […]; c) identification of actions of municipal bodies related to the licensing of the operation of blending and urbanization works; d) framework for urban operation in municipal land use plan in force, as well as in its implementation unit, if any; e) […]; f) […]; g) […]; h) […]. 2 - […]. 3 - […]. 4-the planning for the implementation of urban operations referred to in paragraph 1 (b)) to g) and l) of article 2 shall include, in the terms of the license, the following elements, as applicable: a) identification of the holder of the licence; b) […]; c) identification of actions of municipal bodies related to the licensing of works or works; d) […]; and the constraints) subject to licence; f) […]; g) […]; h) […]; I) the period of validity of the licence, which corresponds to the time limit for the completion of the works or works. 44 5-license use authorization on the use of building or your fraction must contain the specification of the following elements: a) identification of the holder of the licence; b) […]; c) […]. 6-the Charter referred to in the preceding paragraph should also mention, where appropriate, that the building concerned fulfils the legal requirements for the establishment of horizontal property. 7-in case of replacement of the licence holder, the replacement should it prove with the Mayor for this the respective endorsement within 15 days from the date of replacement.

Article 78 [...]

1-the holder of the permit should promote, within 10 days after the issuance of the licence, the posting in the subject of any urban building of a warning, visible from the outside, that should remain until the completion of the works. 2-the issuance of the planning development license must still be publicized by the City Council, within the time limit set in paragraph 1 through: a) Publication warning municipal newsletter and on the website of the municipality or, where these do not exist, by posting notice on the Town Hall and in the seats of the Parish Councils concerned; b) […]. 3-it is the Member of Government responsible for land use planning to approve, by Ordinance, the notice referred to in paragraph 1. 4-the warning referred to in the preceding paragraph shall include, as appropriate, the specifications referred to in paragraph 1 (a)) g) of paragraph 1 and a) c) and f) i) of paragraph 4 of article 77 5-the preceding paragraphs shall apply, mutatis mutandis, to the subject of prior communication.

45 Article 79 1-the planning Appeals or the admission of prior communication is revoked by the President of the City Council when the licence expires or the admission of prior communication or when they are withdrawn, annulled or declared void. 2-the appeal of planning or advance notice of admission allotment is communicated by the Mayor to the competent land registry, for the purpose of the description and annotation of de-registration of planning and advance notice. 3-With the notification referred to in the preceding paragraph, the Mayor also knowledge to City Hall of lots that are in the situation referred to in paragraph 7 of article 71, requiring this partial cancellation or permit the admission of prior communication under f) of paragraph 2 of article 101 of the code of the land register and indicating the keep. 4 - […]. 5-admission of prior communication is revoked through the endorsement of Cassation to information referred to in paragraph 1 of article 36-the.

Article 80 [...]

1-the execution of the works and works subject to license under this diploma can only be initiated after issued its Charter, with the exception of the situations referred to in the following article and except as provided in article 113 2-the works and works subject to the advance notice may be initiated pursuant to paragraph 3 of article 36-a. 3-[...]. 4-within 60 days of the initiation of the work on urban operations referred to in (c))) of paragraph 2 of article 4 should the promoter of work present at City Hall copy of project execution of architecture and engineering specialties.

46 article 81 [...]

1-When the licensing procedure has been preceded by previous favorable information that bind the City Council, the Mayor, at the request of the party concerned, allow the execution of demolition or excavation, peripheral containment and to the depth of the smaller dimension floor shortly after sanitation as referred to in article 11, provided that security be provided for field replacement under the conditions it was before beginning work. 2 - […]. 3 - […]. 4 - […]. 5 - […].

Article 82 [...]


1-the permits referred to in paragraphs 1 and 4 of article 77, the admission of prior communication of article 36-A, as well as the notification referred to in paragraph 5 of the preceding article constitute enough title to instruct the connection requests from the water, sanitation, electricity, gas and telecommunications, and the applicants choose upon authorization of the entities providing, for the implementation of the work necessary for achieving your technical and regulatory conditions set by those entities. 2-presentation of the permit of authorisation to use the links referred to in the preceding paragraph are carried out by the deadline set in its Charter or the admission of prior communication and can only be extended by the period corresponding to the extension of that period, except in cases where that license has been issued for reasons not exclusively attributable to the Town Hall. 3 - […]. 4-in the cases referred to in paragraph 3 of article 6, the connection requests are instructed with copy of receipt of advance notice and presentation of your admission and if necessary the compatibility of projects with existing infrastructures, or 47 your achievement in the case of absence, these will be promoted by provider or by the applicant, in accordance with the final part No. 1.

Article 83 [...]

1-can be performed in work amendments to the draft, subject to advance notice under the conditions laid down in articles 35, since the communication is carried out with the advance required for the works are completed before the presentation of the request referred to in paragraph 1 of article 63 2-can be carried out without prior communication addiction to City Hall changes in works that do not match the works that were subject to prior licensing. 3-changes in the project initially approved or filed involving works of expansion or changes to the deployment of buildings 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 are only submitted the supporting elements that have changed.

Article 84 [...]

1-Without prejudice to the provisions of the present law relating to suspension, revocation of licences, authorisations or advance notice, admission or in cassation of the respective permits, City Hall, to safeguard the cultural heritage, the quality of the urban environment and the environment, the safety of buildings and the public in general or, in the case of works of urbanization , also for protection of interests of third party purchasers of lots, can promote the realization of works on behalf of the holder of the permit or the presenter of advance notice when, because that is attributable to the latter: a) have not been initiated within one year from the date of issuance of the permit or the time limit provided for in paragraph 1 of article 36; b) […]; 48 c) [...]; d) […]. º 2 - […]. 3 - […]. 4-as soon as you show reimbursed expenditure incurred pursuant to this article, the City Council shall lift the ban that may have been granted or, in the case of works of urbanization, emits its own Charter, competing the Mayor inform their deliberations, when appropriate, to the regional Directorate of environment and spatial planning and the curator of the land register.

Article 85 [...]

1 - […]. 2-[...]: a) copy of business license or prior communication and your admission; b) […]; c) […]. 3-before deciding, the court notifies the Town Hall, the holder of the permit or the presenter of advance notification to respond within 30 days and orders the performance of due diligence to understand useful for knowledge of the application, in particular the judicial inspection of the site. 4 - […]. 5-in the absence or inadequacy of the security, the Court determines that the costs are borne by the municipality, without prejudice to the right of return of this on the holder of the permit or the presenter of prior communication. 6 - […]. 7 - […]. 8 - […]. 9-the City Council issues its own motion planning for execution of works for third, competing to give your knowledge of their deliberations to the regional Directorate of environment and land management and the land registry, when conservative: 49 a) [...]; b) […].

Article 86 [...]

1-Completed the work, the owner is obliged to lift the shipyard, to clean the area, according to the scheme of management of construction and demolition waste it produced, and the repair of any damage or deterioration that has caused in public infrastructure. 2-the provisions of the preceding paragraph is a condition of the issuance of the permit or authorization of provisional reception of the urbanization works, unless it has been provided, in deadline set by the City Council, collateral to guarantee the implementation of the operations referred to in paragraph 1.

Article 88 unfinished Works 1-When the works have already reached an advanced state of implementation but the license or the admission of prior communication there are expired, can be required to grant special leave for your completion or be presented prior communication to the same effect. 2-the granting of special leave and presentation of prior communication referred to in the previous paragraph follows the procedure laid down in articles 27 or 35, depending on the case, applying the provisions of article 60 3-licences may be granted or accepted the communications provided for in paragraph 1 or prior communications when the City Council recognizes the interest at the conclusion of the work and do not show the demolition of the same , for environmental reasons, technical or economic planning. 4-in the case of prior recognition of media interest at the conclusion of the work takes place through non rejection by the City Council of communication, by reference to the foundations of the previous paragraph, within the time limit set in paragraph 1 of article 36 Article 89 50 [...]


1-the buildings should be the subject of conservation works at least once in each period of eight years, and the owner, regardless of that period, perform all the works necessary to maintain your safety, wholesomeness and aesthetic arrangement. 2-Notwithstanding the previous paragraph, the City Council may at any time, of its own motion or at the request of any party concerned, determine the execution of conservation works necessary for the correction of poor condition of health or safety or to improve aesthetic arrangement. 3 - […]. 4 - […].

Article 90 [...]

1-the decisions referred to in paragraphs 2 and 3 of article 89 are preceded by three technical survey to be carried out by the name by the City Council, two of which have legal qualification to be author of project, corresponding to the subject of survey work, in accordance with the scheme of the professional qualification of technicians responsible for elaboration and subscription. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6 - […]. 7 - […].

51 Article 93 [...]

1-any town planning operations is subject to administrative oversight, regardless of your prior entry for licensing, admission of prior communication, use authorization or exemption of prior checking. 2 - […].

Article 97 [...]

1-all the relevant facts relating to the execution of works or licensed subject to advance notification shall be recorded by the Chief Technical Officer in the book to work, save on your site implementation to query by city officials responsible for supervision of works. 2-must be registered in the book of work, in addition to the respective dates of commencement and completion, all the facts involving the stopover or your suspension, as well as all changes made to the licensed project or announcement. 3-the model, and other records to be entered in the book of work are defined by Ordinance of government officials responsible for public works and for land-use planning, which also lays down the characteristics of the electronic work book.

Article 98 [...]

1-[...]: a) the making of any town planning operations subject to prior licensing without the respective licensing permit, except in the cases laid down in articles 81 and 113; b) performing any town planning operations in compliance with the draft thereof, or with the conditions of licensing or the admission of prior communication; c) the performance of work in violation of the provisions of paragraph 2 of article 80; 52 d) the occupation of buildings or building units without authorization of use or at odds with the use set out in its Charter or the admission of prior communication, except where these have not been issued in the period for reasons solely attributable to the Town Hall; and The misrepresentation of the authors) and coordinator of projects in terms of responsibility, with regard to compliance with the General and specific technical standards of construction, as well as legal and regulatory provisions applicable to the project; f) The false statements in the disclaimer of the technical director of the work and the director of supervision of work or other relatively technical: i) the execution of a project's compliance with the approved design and with the licence conditions and prior communication admitted; II) compliance of the changes made to the project with the legal and regulatory rules applicable; g) […]; h) […]; i) […]; j) maintenance of way visible from the outside of the building, until the completion of the work, the notice that advertises the planning or the admission of prior communication; l) […]; m) […]; n) […]; the) the absence of request to ask the City Council the endorsement of the applicant's replacement, the author of project or supervisory director of work, as well as the holder of the license or permit presenter of advance notification; p) the absence of the Charter number of allotment or admission of prior communication on ads or any other forms of advertising the sale of plots of land, buildings or building units it built; q) communication to the City Council of legal transactions resulting in the splitting or rustic buildings Division within 2053 days following the date of conclusion; r) urban operations subject to advance notification without has been carried out and admitted; s) completion of urban operations referred to in paragraphs 2 and 3 of article 89 within the period prescribed for the purpose; t) intentional deterioration of the building by the owner or by a third party or serious breach of duty. 2-a misdemeanour provided for in (a)) and r) of the preceding paragraph is punishable with fine graduated from 500.00 € to a maximum of € 200,000.00, in the case of a natural person, and of 450,000.00 € 1,500.00 € until, in the case of a legal person. 3-the administrative offense referred to in paragraph b) of paragraph 1 is punishable with a fine of € 1,500.00 graduated up to a maximum of € 200,000.00, in the case of a natural person, and of 450,000.00 € 3,000.00 € until, in the case of a legal person. 4-a misdemeanour provided for in (c)), d), s) and t) of paragraph 1 is punishable with fine graduated from 500.00 € to a maximum of € 100,000.00, in the case of an individual, and up to € 1,500.00 € 250,000.00, in the case of a legal person. 5-The contravention referred to in paragraph 1(e)) h) of paragraph 1 are punishable with a fine of € 1,500.00 graduated up to a maximum of € 200,000.00. 6-The contravention referred to in subparagraphs (i)) to n) and p) of paragraph 1 are punishable with a fine of € 250.00 graduated up to a maximum of € 50,000.00, and of € 1,000.00 to 100,000.00 €, in the case of a legal person. 7-the administrative offense pursuant to the) and q) of paragraph 1 is punishable with fine graduated from 100.00 € to a maximum of € 2,500.00, in the case of a natural person, and of € 500.00 to € 10,000.00, in the case of a legal person. 8-When the contravention referred to in paragraph 1 are carried out in connection with town planning operations that have been the subject of prior communication under the present law, the maximum amount of the fines referred to in paragraphs 3 to 5 are compounded in € 50,000.00 and the fines referred to in paragraphs 6 and 7:00 pm € 25,000.00. 9 - […]. 10-[...]. 11-[...].

54 Article 99 [...]


1 - […]: a) […]; b) banning of exercise in the municipality, up to a maximum of four years, the profession or related activity with the offence committed; c) […]. 2-the penalties provided for in paragraph 1, as well as those provided for in the preceding article, when applied to the construction industry, are reported to the Office of construction and real estate, i. p. 3-the sanctions imposed under the provisions of and), f) and (g)) of paragraph 1 of the preceding article to the authors of the projects, responsible for the technical direction of the work or who subscribe the liability provided for in article 63 shall be communicated to the respective order or Professional Association, if there is. 4-prohibition of exercise of activity referred to in paragraph b) of paragraph 1, when applied to legal person, extends to other legal persons established by the same partners.

Article 102 [...]

1-[...]:) without the necessary permit or admission of prior communication; (b)) In compliance with the respective project or with the conditions of the licensing or advance notice allowed, except as provided in article 83; or c) in violation of legal norms and regulations. 2-the notification is made to the responsible for the technical direction of the work, as well as the holder of the license or permit the presenter prior communication and, when possible, to the owner of the property on which the works are being carried out, or your representative, being enough to force the suspension of work any of these notifications or the who is to perform the work at the site. 3 - […]. 55 4-[...]. 5-the auto ban is notified to the persons identified in paragraph 2. 6 - […].. 7-the embargo, as well as your termination or expiry, is registered in the land registry by the order determined by the required endorsements.

Article 103 [...]

1 - […]. 2-in the case of licensed works or subject to advance notification, the embargo also determines the suspension of effectiveness of its license or the admission of prior communication and, in the case of works of urbanization, license or prior communication of urban allotment that same respect. 3 - […]. 4-the embargo, even if partial, suspends the deadline is fixed for the execution of the works in its license and permit established for admission of prior communication.

Article 105 [...]

1 - […]. 2 - […]. 3-in the case of urbanization works or other works required to ensure the protection of interests of third parties or the proper urban planning, the City Council can promote the accomplishment of the work of correction or amendment on behalf of the holder of the licence or the presenter of advance notification, in accordance with articles 107 and 108 4-order of correction or amendment suspends the deadline is set on the respective license or Charter established on advance notification for the period established pursuant to paragraph 1. 56 5-the period referred to in paragraph 1 ceases with the presentation of a request for amendment to the license or advance notice, in accordance with, respectively, in articles 27 and 35 article 106 the work Demolition and replacement of the ground 1-[...]. 2-the demolition can be avoided if the work is likely to be licensed or subject to advance notification or if it is possible to ensure your compliance with the legal provisions and regulations applicable through correction or change jobs. 3 - […]. 4 - […].

Article 109 [...]

1-Without prejudice to the provisions of paragraphs 1 and 2 of article 2 of Decree-Law No. 281/99, of July 26, the Mayor is responsible for ordering and set deadline for the cessation of use of buildings or building units are busy without the necessary authorization to use or when you are being assigned to order other than laid down in its Charter. 2 - […]. 3 - […]. 4-in the situation referred to in the preceding paragraph, the eviction cannot proceed while the City Council do not provide for the relocation of the person concerned, at the expense of the person responsible for misuse, in accordance with the previous article.

Article 110 [...]

1 - […]. 2 - […]. 57 3-The interested has the right to refer to processes that directly affect them, in particular by electronic means, and to obtain the certificates or certified documents reproductions that are part of, upon payment of the amount they are owed. 4-access to processes and new birth certificates must be requested in writing, saved electronically, and consultation is provided regardless of order and within 10 days of the date of submission of the corresponding application. 5 - […]. 6 - […].

Article 111 [...]

After the period prescribed for the Commission of any Act specifically regulated in the present law without which it is practiced, it is observed the following: a) [...]; b) [Repealed] (c)) [...].

Article 113 [...]

1-in the situations specified in paragraph 9 of the previous article, the interested party may initiate and pursue the execution of the work in accordance with the application submitted pursuant to paragraph 4 of article 9, or use immediately. 2 - […]. 3 - […]. 4 - […]. 5-If the City Council does not carry out the liquidation of the proper rate or give effect to provisions of the preceding paragraph, the person concerned can start work immediately or use the work, giving that knowledge to City Hall and requiring the Court circle of administrative area in which the local authority that issued this subpoena the planning permit. 6 - […]. 58 7-the certificate of final judgment that there is summoned to the issuance of the planning permit overrides, for all legal purposes, the permit not issued. 8-in the situations specified in this article, the work cannot be garnished by any administrative authority based on lack of license.

Article 115 1 Special Administrative Action-the action of special administrative acts provided for in article 106 have suspensive effect. 2 -[…]. 3-all the time and to the decision in first instance, the judge may grant the merely devolutive effect in action, of its own motion or at the request of the defendant or Prosecutor, if the same result is evidence of illegality of your lodging or your dismissal. 4 - […].

Article 116 [...]


1-issuance of permits and license of use and permit the admission of prior communication provided for in this regulation are subject to the payment of the fees referred to in point (b)) of article 6 of Decree-Law No. 53-E/2006, of 29 January. 2-the issuance of the license and permit the admission of prior communication of blending are subject to payment of the fees referred to in point (a)) of article 6 of Decree-Law No. 53-E/2006, of 29 January. 3-the issuance of the license and permit the admission of prior communication construction or expansion in the area not covered by allotment or permit operation of urbanization is also subject to the payment of the fee referred to in the preceding paragraph. 59 4-issuing the permit partial license referred to in paragraph 6 of article 23 is also subject to the payment of the fee referred to in paragraph 1, there is no way for the liquidation of the same at the time of issuance of the permit. 5 - […].

Article 117 1-the President of the City Council, with the approval of the application for licensing, proceeds to the payment of fees, in accordance with the regulation approved by the municipal Assembly. 2 - […]. 3-liquidation fees fit administrative claim or judicial review, in accordance with the purposes set out in the code of procedure and Tax process. 4-requirement, by the City Council or by any of its members, of capital gains not provided for in law or any compensation, compensation or donations entitle the holder of the licence or prior communication to the realization of urban operation, when compliance with those requirements, give the right to recover the amounts wrongly paid or, in cases where the compensation, compensation or donations are made in kind the right to return and compensation thereof that any place. 5-in the case of a reverse charge mechanism provided for in this regulation, in particular in cases of prior communication, the municipalities must provide regulations and other necessary elements to your gross weight, and the applicants use hours provided for in paragraph 3 of article 113 Article 119 list of territorial management instruments, the easements and restrictions of public utility and other relevant instruments 1-The municipalities must maintain the relationship of the territorial management instruments and easements Administrative and public utility restrictions especially applicable in the area of the municipality, namely: a) [...]; 60 b) protection zones of real estate classifieds, or in the process of sorting, archaeological protection reserves and special protection areas of Archaeological Park referred to in law No. 107/2001, of 8 September; c) [Repealed] d) [...]; e) buildings or natural elements classified as municipal interest, referred to in law No. 107/2001, of 8 September; f) […]; g) integrated water domain Areas by public or private law, referred to in Decree-Law No. 468/71, of 5 November, and law No. 58/2005, of 29 December; h) […]; i) […]; j) integrated in the National ecological reserve Areas, referred to in Decree-Law No. 93/90, of 19 March, in the drafting of the Decree-Law No. 180/2006 of 6 September; l) protection zones established by Decree-Law No. 173/2006, of 24 August. 2 - […]. 3 – the information referred to in the preceding paragraphs shall be made available on the website of the municipality.

Article 120 [...]

1-The city councils and commissions for coordination and Regional Development have a duty of mutual information on cases concerning town planning operations, which must be fulfilled by sending communication within 20 days of the date of receipt of the respective request. 2-not being provided the information referred to in the preceding paragraph, the entities that have requested may resort to subpoena process regulated in articles 104 et seq. of law No. 15/2002, of February 22.

61 Article 121 [...]

Notifications and communications referred to in this Decree and directed to the applicant should be made via email or other means of electronic transmission of data, unless this is not possible or prove inadequate.

Article 123 [...]

To the codification of the technical standards of construction, it is up to the members of the Government responsible for public works and for land-use planning to promote the publication of the statement of the legal and regulatory provisions to be observed by the technicians responsible for the works projects and your running, and this relationship appear on the websites of the ministries concerned.

Article 126 [...]

1-the City Council sends monthly to the Instituto Nacional de Estadística statistical elements identified in Ordinance of the Government officials responsible for local government and regional planning. 2 - […].

Article 127 [...]

The arrangement provided for in this Decree shall apply to autonomous regions, without prejudice to the legal notice which shall carry out the necessary adjustments.

Article 128 [Repealed]» 62 article 2 Amendment to Decree-Law No. 555/99, of December 16 Are added to Decree-Law No. 555/99, of December 16, articles 6a, 8A, 13A, 13B, 36-, 48-, 80-, 89-A and 101 with the following text:% quot% Article 6a works of scarce urban relevance


1-are works of scarce urban relevance: a) the buildings, contiguous or not, the main building, with a height not exceeding 2.20 meters or, Alternatively, to the height of the ground floor of the main building, with area equal to or less than 10 m2 and that don't confine with the public; b) building sealing walls up to 1.80 meters tall that don't confine with the public and of land support walls to a height of 2 metres or that do not significantly alter the topography of the terrain; c) building of garden greenhouses with less than 3 meters and area equal to or less than 20 m 2; d) small articles of arrangement and improvement of surrounding area of buildings that do not affect the area of the public domain; and the building of recreational equipment) or leisure associated with main building with an area lower than the latter; f) the demolition of the buildings referred to in points (a); g) other works as such qualified persons in municipal regulation. 2-exceptions to the provisions of paragraph 1, the real estate classifieds in the national interest or the public interest and in the respective protection zones. 3 – the municipal regulation referred to in subparagraph (g)) of paragraph 1 may establish limits beyond those provided for under (a)) c) of that paragraph. 4-building description may be updated upon declaration of works of scarce urban relevance under this diploma.

63 article 8-1 computer system-the course of the procedures provided for in this decree-law is held electronically, using a computer system itself, which allows, inter alia: a) the delivery of applications and communications; b) consultation by interested parties the State procedures; c) submission of the query for external entities to the municipality; d) Provide information on the procedures of prior communication accepted for the purposes of land registry and dot matrix. 2-the system laid down in this article is the subject of the Ordinance members of the Government responsible for Justice, local government and land use planning. 3-filing requirements, other elements and communications via electronic means must be educated with qualified digital signature.

Article 13-the Opinion, approval or authorization of location 1-consultation of central government entities, directly or indirectly, that they should rule on the urban operation due to the location, is made by means of a single coordinating entity, the CCDR territorial jurisdiction, which emits a global and binding decision of the entire central administration. 2-CCDR identifies, within five days of receipt of the elements through the system provided for in Article 8a, the entities under the law must give its opinion, approval or authorization of location, promoting within that period to their query, to achieve simultaneously and using the computer system. 3-the entities consulted shall give its opinion within 20 days, or 40 days in the case of work on the property of national interest or the public interest, without the possibility of suspending the procedure. 64 4 – If there are no conflicting positions between the entities consulted, the CCDR takes the final decision within 5 days of the end of the period laid down in the preceding paragraph. 5-if there are divergent positions among the entities consulted, the CCDR promotes a decision-making Conference and take final decision favorable, favorable or unfavorable conditioned within 20 days. 6-operative Conference referred to in the preceding paragraph the queried entities are represented by persons empowered for the link. 7-it is not possible to obtain the position of all entities, due to lack of attendance of a representative or have undergone any assessment issue new, the work of the Conference can be suspended for a maximum period of 5 days. 8-When the CCDR do not adopt a position in favour of an urban project for this be unnatural with territorial management instrument, can the CCDR, when the operation is of particular relevance for your regional or local initiative or at the request of the municipality, respectively, to propose to the Government the approval by resolution of the Council of Ministers of the amendment, suspension or total or partial ratification your jurisdiction's plan, for which the noncompliance. 9-When the decision is made following the opinions of decision Conference have non-binding nature, regardless of your rank in special legislation. 10-the central administration's decision procedure laid down in the preceding paragraphs is the subject of the Ordinance members of the Government responsible for land use planning and local administration.

Article 13-B-1 the person concerned previews Queries in the query to external entities may request the opinions, authorizations or approvals required legally competent authorities, delivering them with the initial application or with advance notification, in which case there is no place the new query since, up to the date of presentation of such a request or communication at City Hall , 65 more than a year has elapsed since the issuance of the opinions, authorizations or approvals issued or, if it has been sold out this deadline, no changes have occurred in the assumptions of fact or of law on which they are based. 2-for the purposes of the preceding paragraph, if any of the entities consulted there is pronounced within the time limit, the initial application or prior communication can be instructed to request proof of consultations and declaration by the applicant or communicating that they were not issued within that deadline. 3-the interested promoted all the necessary consultations, Manager of the procedure promotes the consultation that there is place or, where applicable, communicate the request to the CCDR, within 5 days from the date of application or the date of delivery of the elements requested in accordance with paragraph 3 of article 11 4-at the end of the period set for the promotion of the consultations , the person concerned may request this certificate ticket promotion, which will be issued by the municipality or by the CCDR within eight days. 5-If the certificate is in the negative, the person concerned can promote directly the queries that do not have been carried out or ask the administrative court to subpoena the City Hall or the REGIONAL COORDINATION, in accordance with article 112 of this decree-law.


Article 36-the administrative act 1-after the period provided for in the preceding article without advance notification has been rejected, is available on the computer system provided for in Article 8a of that information was admitted. 2 – the provision referred to in the preceding paragraph shall be the Act of admission of prior communication. 3 – After the admission of prior communication, the interested party may initiate the works, by the payment of fees through self-assessment.

66 article 48-the Changes to the operation of blending subject of prior communication Without prejudice to the provisions of the previous article, the change of operation of blending admitted subject to prior communication can only be presented if the Non-opposition of the majority of the owners of the lots contained in the communication.

Article 80-information about the work and the person responsible for the same 1-within 5 days of the initiation of the proceedings, the Prosecutor informs the Town Hall of this beginning, stating also the identity of the natural or legal person responsible for the execution of the same. 2-the person in charge of the execution of the work is obliged to exact execution of the projects and compliance with the conditions of the licensing or advance notice.

Article 89-A prohibition of deterioration 1-the owner can not, intentionally, cause or aggravate a situation of lack of security or public health, cause deterioration of the building or harm your aesthetic arrangement. 2-it is presumed, subject to proof to the contrary, there is infringement by the owner of the previous paragraph in the following situations: a) When the building is fully or partially vacant, only the top floor or openings of the upper floors stripped; b) When are missing decorative elements, namely masonry or tile flooring, in areas of the building that are not accessible by passers-by, being clear that such is the result of human action is missing.

Article 101-67 the legitimacy for the complaint 1-Any person entitled to communicate to City Hall, the Public Ministry, the professional bodies or associations, the Institute of real estate and construction, i. p. or other competent authorities to violations of the rules of this law. 2 – anonymous complaints shall not be admitted.»

Article 3 Standard set Are deleted articles 19, 28 to 33, 40 and 128 of Decree-Law No. 555/99, of December 16.

Article 4 Republication is republished, in the annex, which forms an integral part of this decree-law, Decree-Law No. 555/99, of December 16, with the current wording.

Article 5 autonomous regions the arrangements provided for in this Decree shall apply to autonomous regions, without prejudice to the legal notice which shall carry out the necessary adjustments.

Article 6 transitional provisions 1-the works of edification and blending operations, works of urbanization and refurbishment of land whose licensing process takes place in the Town Hall at the date of entry into force of this decree-law shall apply the regime previously in force, without prejudice to the provisions in paragraph 68 below. 2-at the request of the person concerned, the Mayor may allow ongoing procedures to apply the arrangements set out in this decree-law, determining which the verification procedure prior to that procedure is subject, taking into account the provisions of articles 4 and 6-3 to the establishment, in accordance with paragraph 2 of article 43, the parameters for the dimensioning of the areas referred to in paragraph 1 of the same article , remain the same to be fixed by order of the Member of Government responsible for land use planning. 4-While is not in operation the computer system, the procedures can resort to paper-based processing. 5-While 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 are promoted by the City Council or by the applicant. 6-While is not in operation the computer system, may use the processing procedures on paper, and the request provided for in paragraph 6 of article 9 be accompanied by duplicate copy being returned to the applicant or communicating after it has bet note, dated, the receipt of the original article 7 entry into force this law shall enter into force 180 days after your publication.

Seen and approved by the Council of Ministers of 14 June 2007 Prime Minister the Minister of Parliamentary Affairs Minister Presidency 69 annex I Republication of Decree-Law No. 555/99, of December 16 Legal Regime of urbanization and edification chapter I preliminary provisions Article 1 subject-matter this Decree-Law establishes the legal regime of the urbanization and edification.

Article 2 Definitions


For the purposes of this Decree-Law: (a)) building: the activity or the result of the construction, reconstruction, extension, alteration or maintenance of a building intended for human use, as well as any other construction that incorporates the soil with character; b) construction: the works of creation of new buildings; c) reconstruction Works without preservation of facades: the construction of the total or partial demolition of an existing building, of which the reconstruction of the structure of the facades, the height and number of floors; d) Works to expand: the works resulting in the increase in floor area or height of deployment or the volume of an existing building; and) change Works: the works resulting in the modification of the physical characteristics of an existing building or your instalment, namely their sturdy structure, the number of fires or interior divisions, or the nature and color of exterior finishing materials, no increase in floor area or height or deployment; f) conservation Works: the works designed to keep a building under the conditions existing on the date of your construction, reconstruction, expansion or alteration, including the works of restoration, repair or cleaning; g) Demolition Works: the works of total or partial destruction of a building existing 70; h) urbanization Works: the works of creation and renovation of infrastructures designed to serve directly the urban spaces or buildings, in particular road and pedestrian roads, sewage systems and water supply, electricity, gas and telecommunications, and even green spaces and other spaces for collective use; I) blending operations: the actions which have as their object or effect the establishment of one or more consignments, immediate or subsequently, the urban building, and resulting from the Division of one or several buildings, or your, landslide prevention; j) town planning operations: operations development, building materials, use of buildings or the ground, provided that in the latter case, non-agricultural, livestock, forestry exclusively, miners or public water supply; l) refurbishment of the land: urban operations not included in the above involving the destruction of vegetable coating, changing the natural relief and the layers of soil or the high porte logging or non-writing massif, livestock farming, forestry or miners. m) works of scarce urban relevance: the works of building or demolition which, by your nature, size or location have scarce urban impact. n) reconstruction with preservation of facades: the construction following the demolition of part of an existing building, preserving the main facades with all their dissonant elements and does not lead to building with height higher than that of neighbouring buildings. the) consolidated urban area: zone characterized by a density of occupation that allows you to identify a mesh or urban structure already defined, where there are essential infrastructure and where are defined the alignments of the marginal plans for buildings in continuity.

71 article 3 municipal regulations 1-in the exercise of regulatory power your own, the municipalities approve municipal urban planning and regulations or building, as well as regulations on release and settlement fees and security that, by law, are necessary for conducting urban operations. 2-the regulations provided for in the preceding paragraph shall have as its objective the realization and implementation of this law and cannot hinder him willing, and shall fix the amounts of the fees to be charged in the cases of admission of prior communication and tacit acceptance, these values may not exceed those laid down for the licensing or express Act. 3-the draft of the regulations referred to in paragraph 1 are submitted to public discussion, for a period of not less than 30 days before your approval by municipal bodies. 4-the regulations referred to in paragraph 1 shall be published in the second series of the Diário da República, without prejudice to the other forms of advertising laid down in law.

CHAPTER II prior checking section I scope and competence article 4 1 License-urban operations depends on prior license, in accordance with the exceptions provided for in this section. 2-are subject to administrative license: a) blending operations; (b)) the works of urbanization and the refurbishment of land in an area not covered by blending operation; c) construction, alteration and expansion in the area not covered by 72 blending operation; d) the works of reconstruction, extension, alteration, maintenance or demolition of real estate classifieds, or in the process of classification, and the construction, reconstruction, extension, alteration, maintenance or demolition of buildings situated in protected areas of real estate classifieds, as well as the buildings integrated into sets or classified sites or in areas subject to servitude or administrative restriction of public utility; and) The reconstruction without preservation of the facades; f) the works of demolition of buildings which are not provided for in the reconstruction works license; g) the other town planning operations that are license-exempt, pursuant to this law. 3-the entry for licensing of acts of property, landslide prevention resulting parcels not intended for immediately urbanization or erection depends on the will of the owners.

Article 5 Competence 1-grant of license provided for in paragraph 2 of the preceding article is within the competence of the City Council, with faculty of the delegation and subdelegation of this President in the City Council. 2 – [repealed] 3-approval of prior information is regulated in this law is the responsibility of the City Council, and may be delegated to the President with your Faculty of sub-delegation in councilors. 4-[deleted] article 6 exemption from license


1-Without prejudice to the provisions of subparagraph (d)) of paragraph 2 of article 4, are exempt from license: a) The conservation works; 73 b) change works inside buildings or their fractions, excluding real estate classifieds, or in the process of sorting, that do not involve changes in the structure of stability, of cérceas, of the shape of the facades and roofs; c) the works of reconstruction with preservation of facades; d) urbanization works and the works of remodeling of land in the area covered by operation of blending; and) the construction, alteration or expansion in the area covered by operation of blending or detailed plan containing the elements referred to in subparagraphs (c)), d) and (f)) of paragraph 1 of article 91 of the Decree-Law No. 380/99, of 22 September; f) construction, expansion or change in consolidated urban area, which respect the municipal plans and which doesn't work with building height higher than the height of the front facades more often built on the side of the street where integrates with new building, on the stretch of road between the two nearest to a cross and elsewhere; g) building pools associated with the main building; h) changes the use of the buildings, as well as the lease for residential purposes of buildings or unlicensed instalments, in accordance with paragraph 4 of article 5 of Decree-Law No. 160/2006 of 8 August. I) the works identified in article 6; j) highlights referred to in paragraphs 4 and 5. 2 – [repealed] 3-Without prejudice to article 37 special procedures that require external consultation, the works referred to in (c)) h) of paragraph 1 shall be subject to the scheme of prior communication. 4-The acts which have the effect of highlighting a single portion of building with building description that is in urban area are exempt from license, since the two plots resulting from featured contrasting with public streets. 5-in the areas outside of the urban perimeters, the acts referred to in the preceding paragraph are exempt from license when, cumulatively, are fulfilled the following conditions: a) on the parcel be built building highlighted if it is intended for residential purposes only and that you do not have more than two fires; 74 (b)) in the remaining portion respect the minimum area specified in intervention project in rural areas in force or, if that doesn't exist, the area of culture unit attached in accordance with the general law for the respective region. 6-in the cases referred to in paragraphs 4 and 5, it is not permitted to carry out, in the area of the building originally, again featured in accordance with mentioned therein for a period of 10 years from the date of the previous highlight. 7-the conditioning of the building as well as the burden of not splitting, referred to in paragraphs 4 and 5 shall be entered in the land register on the resulting parcels highlight without which cannot be licensed any construction work in these plots. 8-the provisions of this article shall not exempt the implementation of town planning operations on it provided for compliance with the legal and regulatory rules applicable, including the municipal plan and special plan of land use planning and the technical standards of construction. 9-the certificate issued by the City Council, demonstrating that the verification of the requirements of the featured document is enough to land registry purposes of portion highlighted. 10-The acts which have the effect of the highlight of plot with building description that is located in the urban perimeter and outside this should comply with the provisions of paragraphs 4 and 5.

Article 6-the works of scant relevance 1 urban-are works of scarce urban relevance: a) the buildings, contiguous or not, the main building, with a height not exceeding 2.20 meters or, Alternatively, to the height of the ground floor of the main building, with area equal to or less than 10 m2 and that don't confine with the public. b) building sealing walls up to 1.80 meters tall that don't confine with the public and of land support walls to a height of 2 metres or that do not significantly alter the topography of the terrain; c) building of garden greenhouses with less than 3 meters and area equal to or less than 20 m 2; d) small articles of arrangement and improvement of surrounding area of 75 buildings that do not affect the area of the public domain; and the building of recreational equipment) or leisure associated with main building with an area lower than the latter. f) the demolition of the buildings referred to in above. g) other works as such qualified persons in municipal regulation. 2-exceptions to the provisions of paragraph 1, the real estate classifieds in the national interest or the public interest and in the respective protection zones. 3 – the municipal regulation referred to in subparagraph (g)) of paragraph 1 may establish limits beyond those provided for under (a)) c) of that paragraph. 4-building description may be updated upon declaration of works of scarce urban relevance under this diploma.

Article 7 urban Operations promoted by the public administration


1-are also free of license: a) The town planning operations promoted by local authorities and their associations in the area covered by the municipal land use plan; b) urban operations promoted by the State concerning the equipment or infrastructure intended for public services installation or assigned to direct and immediate use of the public, without prejudice to paragraph 4; c) building or demolition works promoted by public institutes that have specific assignments for the safeguarding of the cultural heritage or the promotion and management of the State housing stock and which are directly related to the carrying out of these tasks; d) building or demolition works promoted by public authorities which have as their specific assignments the administration of port areas or in the public domain or rail, airport when performed in its area of jurisdiction and directly linked to the achievement of those tasks; and) the works of building or demolition and promoted by concessionaires of public works or services, when you reconduzam the pursuit of the object of the concession. f) urban operations promoted by public enterprises for business parks and the like, namely business localization areas, 76 industrial and logistics areas. 2-implementation of the town planning operations provided for in the preceding paragraph, with the exception of those promoted by the municipalities, shall be subject to prior non-binding opinion of the City Council, which must be issued within 20 days from the date of receipt of the respective request. 3-blending operations and works of urbanization promoted by local authorities and their associations in the area not covered by the municipal land use plan must be previously authorized by the City Council, after undergoing prior non-binding opinion of the Regional Co-ordinating Commission (CCDR), which must give its opinion within 20 days of receipt of the respective request. 4-blending operations and the urbanization works promoted by the State must be previously authorized by the Minister of tutelage and the Minister responsible for land use planning, after hearing the City Council, which must give its opinion within 20 days of receipt of the respective request. 5-blending operations and works of urbanization promoted by local authorities and their associations or by the State, in an area not covered by urbanization plan or detailed plan, are subject to public discussion, in accordance with the procedure laid down in article 77 of Decree-Law No. 380/99, of 22 September, mutatis mutandis, except as regards advertising periods and duration of public discussion that are , respectively, 8 and 15 days. 6-implementation of town planning operations provided for in this article must comply with the legal and regulatory rules applicable to them, in particular those of territorial management instrument, the legal regime for the protection of cultural heritage, the legal regime applicable to the management of construction and demolition waste, and the technical standards of construction. 7-to the implementation of the town planning operations provided for in this article still applies, mutatis mutandis, the provisions of articles 10, 12 and 78 SECTION II forms of procedure SUBSECTION I General provisions 77 article 8 1 Procedure-the prior checking of the town planning operations obey the forms of procedure provided for in this section, being special licensing conditions laid down in section III of this chapter. 2-Without prejudice to the powers of the Manager of procedure, the Board of education of the procedure the President of the City Council, and may be delegated in aldermen, with faculty of sub-delegation in leaders of municipal services. 3-each procedure is accompanied by procedure Manager, responsible for ensuring the normal development of the procedure, following, in particular, education, meeting deadlines, providing information and clarification to interested parties. 4-the receipt of the submission of application for licensing, prior information or advance notification contains the ID of the procedure, as well as the indication of the place, the time and the way by which you can be contacted. 5-In case of replacement of the procedure Manager is notified to the party concerned, the identity of the new Manager, as well as the elements referred to in the preceding paragraph.

Article 8-1 computer system-the course of the procedures provided for in this decree-law is held electronically, using a computer system itself, which allows, inter alia: a) the delivery of applications and communications; b) consultation by interested parties the State procedures; c) submission of the query for external entities to the municipality. d) Provide information on the procedures of prior communication accepted for the purposes of land registry and dot matrix. 2-the system laid down in this article is subject to joint Ordinance 78 members of the Government responsible for Justice, local government and land use planning. 3-filing requirements, other elements and communications via electronic means must be educated with qualified digital signature.

Article 9 application and communication


1-unless otherwise provided, the procedures provided for in this Decree-Law starting through petition or communication submitted by electronic means and through the system laid down in the previous article, addressed to the President of the City Council, which must bear the identification of the applicant or communicating, including the domicile or headquarters, as well as an indication of the quality of holder of any right that you check out the faculty to conduct urban operation. 2-the application or communication consists also an indication of the request or subject in clear and precise terms, identifying the type of urban operation to be carried out by reference to article 2, as well as their location. 3-When respect to more than one of the types of town planning operations referred to in article 2 directly linked, should be identified all the transactions covered, in this case the form of procedure corresponding to each type of operation, without prejudice to the conduct and joint assessment. 4-the request or communication is accompanied by the supporting elements laid down in Ordinance approved by the Ministers responsible for public works and for regional planning, in addition to the documents specifically referred to in this decree-law. 5 – [repealed] 6-With the presentation of the petition or communication is sent by electronic means receipt delivered by electronic means. 7-in the initial application may request the party concerned to indicate entities that, under the law, must issue an opinion, authorization or approval in respect of the application, and such notified within 15 days, unless the injunction request rejection pursuant to article 11 79 8-Manager of the procedure notes in subsequent joint process of any new documents and the date of the consultations the entities outside the municipality and the receipt of replies When appropriate, as well as the date and the content of the decisions of the municipal organs. 9-substitution of the applicant or of communicating responsible for any of the projects or the technical director of the work must be reported to the Manager of the procedure for which this proceed to the respective endorsement within 15 days from the date of replacement.

Article 10 Disclaimer 1-the petition or communication is always accompanied by the authors of the draft declaration, which the record that were observed in the preparation of the legal and regulatory rules applicable, including the technical standards of construction and projects coordinator, certifying the compatibility between them. 2 – The declarations referred to in the preceding paragraph should also contain reference to the conformity of the project with the municipal land use plans apply to the claim, as well as with the allotment, when exists. 3-Notwithstanding the provisions of the following paragraph and in special legislation, can only subscribe to the legally entitled technical projects which are included in the public association of professional nature and you do your registration validity proof at the time of submission of the initial application. 4 – the technicians whose activity is not covered by the public association can subscribe to the projects for which they have appropriate clearance, pursuant to professional qualification regime required technicians responsible for elaboration and subscription of projects or in special legislation on the public body legally recognized. 5-the authors and coordinator of projects shall declare, in particular in situations provided for in article 60, which technical standards or regulations in force that were not observed in elaboration thereof, stating the reasons for reasons for your failure. 80 6-where irregularities are detected in terms of responsibility, with regard to the legal and regulatory rules applicable and compliance of the project with the municipal land-use plans or license of allotment, when available, should the same be communicated to the public association of professional nature where the coach is registered or the public body legally recognized in the case of technicians whose activity is not covered by the public association.

Article 11 Sanitation and appreciation injunction


1-the President of the City Council, for your initiative or by indication of the procedure, decide the formal and procedural issues that may prevent the knowledge of any request or communication submitted under the present law. 2-the Mayor gives order to improve request, within eight days of its submission, where the petition or communication does not contain the identification of the applicant or of communicating application or location of urban operation to be carried out, as well as in the case of Miss instrutório chargeable document that is indispensable to the claim and whose lack cannot be automatically supplied. 3-in the case referred to in the preceding paragraph, the applicant is notified for communicating or, within 15 days, correct, or complete the application, getting suspended further terms of the procedure, under penalty of rejection injunction. 4-within 10 days after the presentation of the petition or communication, the Mayor may also utter rejection injunction, of its own motion or by indication of the procedure, when analysing the supporting elements that the application is manifestly contrary to legal provisions or regulations. 5-not rejection injunction, or invitation to correct or complete the request or communication, within the time limit laid down in paragraphs 2 and 4, it is assumed that the petition or communication are properly instructed. 6-without prejudice to the preceding paragraphs, the Manager of the procedure must make known to the Mayor, until the final decision, any 81 issue detrimental to the normal development of the procedure or prevent decision-making on the subject of the application, including the applicant's illegitimacy and the expiry of the right to be exercise. 7-Except with regard to the consultations referred to in article 13, if the final decision depends on the decision of a matter that is within the jurisdiction of another administrative authority or the courts, must the Mayor to suspend the procedure until the agency or the competent court if comment, notifying the applicant of that Act, without prejudice to the provisions of paragraph 2 of article 31 of the code of administrative procedure. 8-without prejudice to the provisions of the preceding paragraph, the person concerned may request the continuation of the procedure as an alternative to suspension, leaving the final decision subject, on your implementation, decision will be made by the administrative authority or Court of competent jurisdiction. 9-going on rejection of the application or communication, in accordance with this article, the party concerned to submit a new application or communication for the same purpose are exempted from joining the previously used documents which remain valid and appropriate. 10-the Mayor may delegate in aldermen, with faculty of subdelegation or the leaders of municipal services, the powers referred to in paragraphs 1 to 4 and in the following paragraph. 11-when the urban operation concerned the request or communication is integrated in the procedure, the applicant or applicant is notified within 15 days of the submission of this application, to the following effects: a) in the case of the procedure be simpler than the applicable, for, in 30 days , declaring intended that the procedure will continue in the form legally provided for, and, if so and the same deadline, add the elements that are missing, under penalty of rejection of the application; b) in the case of the procedure be more demanding than the applicable, take note of the unofficial translation of the procedure for the form legally provided for; c) in the case of the urban operation concerned be dismissed or license prior communication, take notice of the extinction of the procedure.

82 article 12 request advertising or licensing request prior to urban communication, must be advertised in the form of warning, in the form approved by the Minister responsible for land use planning, to put in the place of execution of the operation in a visible public pathway, within 10 days of the submission of the initial request or communication.

Article 13 Consultation to external entities 1-the consultation of entities which, by law, must issue an opinion, authorization or approval on the request is promoted by the Manager of the procedure and is carried out simultaneously, via the computer system provided for in Article 8a. 2-in the cases referred to in the following article, the procedure Manager communicates the request, with the identification of entities to consult , the CCDR. 3-the entities outside the municipality they come exclusively within the scope of its duties and responsibilities. 4-the entities consulted shall give its opinion within 20 days of the date of availability of the process. 5-it is considered to be agreement of those entities with a claim formulated if their opinions, authorizations or approvals are not received within the period specified in the preceding paragraph. 6-the opinions of foreign entities in the municipality are only binding when such works of the law, since based on legal or regulatory constraints and are received within the time limit. 7-are fixed in diploma engineering projects itself and technical certifications that require consultation, approval or opinion, internal or external, as well as the terms on which take place.

83 article 13-the Opinion, approval or authorization of location

1-the consultation of central government entities, directly or indirectly, that they should rule on the urban operation due to the location, is made by means of a single coordinating entity, the CCDR territorial jurisdiction, which emits a global and binding decision of the entire central administration. 2-CCDR identifies, within five days of receipt of the elements through the system provided for in Article 8a, the entities under the law must give its opinion, approval or authorization of location, promoting within that period to their query, to achieve simultaneously and using the computer system. 3-the entities consulted shall give its opinion within 20 days, or 40 days in the case of work on the property of national interest or the public interest, without the possibility of suspending the procedure. 4 – If there are no conflicting positions between the entities consulted, the CCDR takes the final decision within 5 days of the end of the period laid down in the preceding paragraph. 5-if there are divergent positions among the entities consulted, the CCDR promotes a decision-making Conference and take final decision favorable, favorable or unfavorable conditioned within 20 days. 6-operative Conference referred to in the preceding paragraph the queried entities are represented by persons empowered for the link. 7-it is not possible to obtain the position of all entities, due to lack of attendance of a representative or have undergone any assessment issue new, the work of the Conference can be suspended for a maximum period of 5 days. 8-When the CCDR do not adopt a position in favour of an urban project for this be unnatural with territorial management instrument, can the CCDR, when the operation is of particular relevance for your regional or local initiative or at the request of the municipality, respectively, to propose to the Government the approval by resolution of the Council of Ministers of the amendment, suspension or total or partial ratification your jurisdiction's plan, for which the noncompliance. 84 9-When the decision is made following the opinions of decision Conference have non-binding nature, regardless of your rank in special legislation. 10-the central administration's decision procedure laid down in the preceding paragraphs is the subject of the Ordinance members of the Government responsible for land use planning and local administration.

Article 13-B-1 the person concerned previews Queries in the query to external entities may request the opinions, authorizations or approvals required legally competent authorities, delivering them with the initial application or with advance notification, in which case there is no place the new query since, up to the date of presentation of such a request or communication at City Hall , there is no more than one year has elapsed since the issuance of the opinions, authorizations or approvals issued or, if it has been sold out this deadline, no changes have occurred in the assumptions of fact or of law on which they are based. 2-for the purposes of the preceding paragraph, if any of the entities consulted there is pronounced within the time limit, the initial application or prior communication can be instructed to request proof of consultations and declaration by the applicant or communicating that they were not issued within that deadline. 3-the interested promoted all the necessary consultations, Manager of the procedure promotes the consultation that there is place or, where applicable, communicate the request to the CCDR, within 5 days from the date of application or the date of delivery of the elements requested in accordance with paragraph 3 of article 11. 4-at the end of the period set for the promotion of the consultations, the party concerned may request this certificate ticket promotion, which will be issued by the municipality or by the CCDR within eight days. 5-If the certificate is in the negative, the person concerned can promote directly the queries that do not have been carried out or ask the administrative court to subpoena the City Hall or the REGIONAL COORDINATION, in accordance with article 112 of this decree-law. SUBSECTION 85 (II) prior information article 14 application for prior information 1-Any person concerned may ask the Town Hall, the previous title, info on the feasibility of carrying out particular operation or urban town planning operations directly related, as well as on their legal or regulatory constraints, notably concerning infrastructure, administrative obligations and restrictions of public utility, urban indexes , cérceas, clearances and other conditions applicable to the claim. 2-When the application respecting the operation of blending, in an area not covered by the detailed plan, or the work of construction, extension or alteration in the area not covered by the detailed plan or operation of blending, the interested party may require prior information admire the following aspects, specifically on the basis of the information required and the evidence presented: a) the volumes , alignment, exits, and the building and deployment of sealing walls; b) Conditions for an adequate formal and functional relationship with the surroundings; c) program of use of buildings, including the gross building area to be allocated to the various uses and the number of fires and other units; d) local infrastructure and connection to general infrastructure; and urban charges due estimation); f) intended for deployment-providing Areas of green spaces, equipment of collective use and road infrastructure. 3-When the applicant is not the owner of the building, the prior request for information includes that as well as identification of the holders of any other rights in rem over the building, through a certificate issued by the land registry. 4-in the case referred to in the preceding paragraph, the municipality shall notify the owner and the other holders of any other rights in rem over the building of the opening of the procedure. 86 article 15 consultations within the prior information procedure


Under the prior information procedure there is external consultations in accordance with articles 13, 13A and 13B, the entities whose opinions, authorizations or approvals condition, in accordance with the law, the information to be provided, whenever such consultation should be promoted in a possible application for licensing or presentation of prior communication.

Article 16 Decision 1-the City Council decides on the request for prior information within 20 days or, in the case referred to in paragraph 2 of article 14 within 30 days:) from the date of receipt of the request or of the elements requested in accordance with paragraph 3 of article 11; or (b)) of the date of receipt of the last of the opinions, authorizations or approvals issued by entities outside the municipality, when there has been room for consultations; or c) the closing date for the receipt of legal opinions, authorizations or approvals, whenever any of the entities consulted do not comment until that date. 2-the opinions, authorizations or approvals issued by entities outside the municipality must be notified to the applicant together with the prior information approved by the City Council, making her an integral part. 3 – the municipality indicates always, in favorable information, prior control procedure that is subject to completion of urban operation designed in accordance with the provisions of section I of chapter II of the present law. 4-in the case of the information be unfavorable, there shall be a statement of the terms on which the same, where possible, can be reviewed in order to be met urbanistic requirements apply, namely the municipal land use plan or operation of blending.

87 article 17 1-prior information Effects in favour of competent entities in decision binds on a possible request for licensing or presentation of the urban communication that respects and, when made pursuant to paragraph 2 of article 14, ... has the effect of placing of urban operation in question to be carried out in precise terms that was appreciated , the prior communication and dispenses with the realization of new external queries. 2-the possible application or submission of advance notification provided for in the preceding article must be made within one year after the decision in favour of the request for information and, in the case of predicted at the end of paragraph 1, shall be accompanied by a declaration of the author and coordinator of the urban projects respect the limits set out in decision. 3-once the period fixed in the preceding paragraph, the particular may require the Mayor declaring that keep the assumptions of fact and law which have led to the earlier decision, and even decide within 20 days and running again within a year to make the submission of applications for licensing or advance notice if the assumptions remain or if the Mayor has not answered within legally foreseen. 4-do not suspend the procedures for licensing or advance notice required or presented with preliminary information support in the areas to be covered by new rules, urban municipal plan or special constants of regional planning or your review, from the date fixed for the commencement of public discussion and up to the date of entry into force of that instrument.

SUBSECTION III License article 18 Scope 1-follows the procedure regulated in this subsection to assessing applications concerning town planning operations provided for in paragraph 2 of Article 4bis * 88 2 – [repealed].

Article 19 [deleted] article 20 assessment of works projects of building 1-the assessment of architectural design, in the case of an application for licensing works provided for in (c)), d), and), f) and (g)) of paragraph 2 of article 4, focuses on your compliance with municipal land-use plans in the territory, special plans of spatial planning preventive measures, priority urban development area, construction area of priority, administrative obligations, restrictions and any other legal rules and regulations governing the appearance and the urban and landscape insertion of buildings, as well as on the proposed use. 2-for the purposes of the preceding paragraph, the consideration of urban insertion of buildings is carried out in formal and functional perspective, taking into account the existing buildings, as well as the surrounding public space and existing and planned infrastructures. 3-the City Council deliberates on the architectural design within 30 days counted from:) from the date of receipt of the request or of the elements requested in accordance with paragraph 3 of article 11; or (b)) of the date of receipt of the last of the opinions, authorizations or approvals issued by entities outside the municipality, when there has been room for consultations; or c) the closing date for the receipt of legal opinions, authorizations or approvals, whenever any of the entities consulted do not comment until that date. 4-the applicant must present the specialties engineering projects necessary for the execution of the work within six months of notification of the Act approved the architectural design, in case you haven't presented such projects with the initial application. 5-the President of the Chamber may extend the period referred to in the preceding paragraph, by 89 1 only once and for a period not exceeding three months, upon reasoned request made before its expiry. 6-the lack of presentation of the engineering projects of specialties within the time limit laid down in paragraph 4, or which result from an extension granted pursuant to the preceding paragraph, entails the suspension of the licensing process for the maximum period of 6 months, after which the forfeiture is declared after hearing the interested. 7 – [repealed] 8-statements of responsibility of the authors of the projects of engineering specialties that are enrolled in the public association constitute a guarantee of the compliance with the legal and regulatory rules applicable to projects, excluding your prior appreciation, unless the statements are made pursuant to paragraph 5 of article 10 article 21 assessment of development projects, urbanization works and refurbishment of land


The assessment of development projects, works of urbanization and the refurbishment of land by the City Council focuses on your compliance with municipal land-use plans, special plans of spatial planning, preventive measures, priority urban development area, construction area of priority, administrative obligations, restrictions and any other legal and regulatory rules applicable as well as about the use and urban and landscape integration.

Article 22 public consultation the municipalities can determine, by regulation, the prior subject to public discussion of licensing of blending operations with significant urban relevance.

90 article 23 final Decision 1-the City Council decides on the application for licensing: a) within 45 days in the case of blending operation; b) within 30 days, in the case of works of urbanization; c) within 45 days in the case of works referred to in (c)) and (d)), and), f) and (g)) of paragraph 2 of article 4; d) [repealed] 2-[repealed] 3-the time limits laid down in (a)) and b) of paragraph 1 are from:) from the date of receipt of the request or of the elements requested in accordance with paragraph 3 of article 11; b) from the date of receipt of the last of the opinions, authorizations or approvals issued by entities outside the municipality, when there has been room for consultations; or c) the closing date for the receipt of legal opinions, authorizations or approvals, whenever any of the entities consulted do not comment until that date. 4-the period referred to in subparagraph (c)) paragraph 1 include: a) the date of the presentation of the engineering projects of specialties or the date of the adoption of draft architecture, if the person concerned have presented along with the initial application; or b) When there is no place to look for external entities, from the date of receipt of the last of the opinions, authorizations or approvals; or c) the closing date for the receipt of legal opinions, authorizations or approvals, whenever any of the entities consulted do not comment until that date. 5-When the application for licensing of works of urbanization is presented simultaneously with the application for licensing of operation of blending, the period referred to in subparagraph (b)) of paragraph 1 is counted as the decision to approve the application for allotment. 6-in the case of works referred to in (c)), d) and e) of paragraph 2 of article 4, the City Council may, at the request of the person concerned, approve a partial license for construction of the structure immediately after the delivery of all projects and engineering since deemed approved the draft and provided security architecture 91 for demolition of the structure to the smaller dimension floor in case of rejection. 7-in the cases referred to in the preceding paragraph, the granting of the application partial license gives way to issuance of license.

Article 24. Rejection of the application of 1-licensing licensing request is rejected when: a) Violating municipal land-use plan, special plan of land use planning, preventive measures, priority urban development area, construction area of priority, easement, restriction of public utility or any other legal and regulatory rules applicable; b) public utility Declaration Exists for the purposes of expropriation that spans the building subject to the licensing request, unless such a statement has finally the realization of urban operation itself; (c)) Have been the subject of negative opinion, or refusal of approval or authorization of any entity consulted pursuant to this diploma whose decision is binding on the agencies. 2-When the application has as its object the achievement of urban operations referred to in (a)) c), (d)), and) and g) of paragraph 2 of article 4, the rejection can still take place on the basis of: a) adversely affect the urban archaeological heritage, historical, cultural or scenic, natural or built; b) constitute evidence that urban operation overloading unaffordable to the existing infrastructure or services or imply, for the city, the construction or maintenance of equipment, performance of works or provision of services by this unexpected, particularly as the streets and water supply networks, electricity or sanitation. 3 – [repealed] 4-When the application has as its object the execution of works referred to in (c)) and d) of paragraph 2 of article 4, it may still be rejected when the work is likely to clearly affect access to and use of real estate 92 classified in the national interest or public interest, the aesthetics of the settlements, the adequate insertion in your urban environment or the beauty of the landscapes in particular as a result of noncompliance with the dominant cérceas, the volumetry of buildings and other provisions expressly provided for in regulation. 5-the order of licensing of the works referred to in point (c)) of paragraph 2 of article 4 should be dismissed in the absence of roads or infrastructure for water supply and sanitation or if the work designed to constitute evidence that an overload not affordable to the existing infrastructure. 6 – [repealed] article 25 Review of the application


1-When there is draft decision of rejection on the grounds referred to in point (b)) of paragraph 2 and in paragraph 5 of the preceding article, there may be granting the request provided that the applicant at the hearing, undertakes to carry out the necessary work or to assume the costs involved in your implementation, as well as the operating costs of the infrastructure for a minimum period of 10 years. 2 – [repealed] 3-In case of acceptance in accordance with paragraph 1, the applicant shall, before issuing the permit, celebrate with the City Council on the fulfilment of contract obligations and act appropriately, enjoying proportional reduction or exemption of fees for holding of urban infrastructures, in accordance with the fix in municipal regulation. 4-the provision of the security referred to in the previous paragraph, as well as the execution or maintenance of the works of urbanization that the person undertakes to perform or the City Council understand essential, must be mentioned explicitly as a condition of granting the request. 5-the provision of the security referred to in paragraph 3 shall apply, mutatis mutandis, the provisions of article 54 6-charges to be borne by the applicant under the agreement referred to in paragraph 3 shall be proportionate to the burden on the existing infrastructure resulting from urban 93.

Article 26. Leave the final decision granting the request substantiates licensing license for realization of urban operation.

Article 27 Amendments to the license 1-the application of the person concerned, may change the terms and conditions of the license. 2 – [repealed] 3-Without prejudice to the provisions of article 48, the amendment to the blending operation license cannot be approved if written opposition from most of the owners of the lots contained in the Charter and, for this purpose, the procedure Manager proceed to your notification to pronunciation within 10 days. 4-amendment to the licence follows the procedure established in this subsection, with the specialties given in the following paragraphs. 5-is dismissed the query to entities outside the municipality provided that the request for amendment in accordance with the assumptions of fact and law of the opinions, authorizations or approvals that have been issued on the procedure. 6-change procedure are used in the process documents that remain valid and appropriate, promoting the Town Hall, where necessary, updating the same. 7-amendment of the licence gives rise to an addition to the Charter, which, in the case of blending operation, shall be communicated ex officio to the competent land registry for the purpose of endorsement, containing the elements in communication that translates the change. 8-amendments to the license of blending, with or without variation of the number of batches, which result in variation of the deployment or building areas up to 3%, provided they do not involve an increase in the number of fires, urban or uses parameter change in municipal land-use plan 94 territory, shall be adopted by simple resolution of the City Council , with exemption of any other formalities, without prejudice to the other legal provisions and regulations. 9-exceptions to the provisions of paragraphs 3 to 6 changes to licence conditions that relate to the completion of licensed or the amount of urban security to guarantee the works of urbanization, which are governed by articles 53, 54 and 58 SUBSECTION IV Authorization article 28 [Revoked] article 29 [Repealed] article 30 [Repealed] article 31 [Repealed] article 32 [Repealed] article 33 [Repealed] SUBSECTION V advance notice 95 article 34 Scope follows the procedure set in this subsection the realisation of urban operations referred to in paragraph 3 of article 6 article 35 Communication to City Hall 1 – advance notification is addressed to the Mayor, accompanied by the supporting elements fixed by Ordinance referred to in paragraph 4 of article 9, of liability pursuant to article 10 and the specifications referred to in paragraph 1 of article 77 with the effects provided for in your paragraph 3. 2-urban operations carried out under a prior communication shall comply with the legal and regulatory rules applicable to them, in particular those of territorial management tool and the technical standards of construction. 3 – advance notice is accompanied by the supporting elements fixed by Ordinance referred to in paragraph 4 of article 9, of liability pursuant to article 10 and the specifications referred to in article 77 article 36 rejection of prior communication 1-Without prejudice to article 11, within 20 days following the delivery of the communication and other elements referred to in the previous article , the Mayor should reject the communication time check that the work violates the legal provisions and regulations, in particular those contained in municipal land use plan, or the construction technical standards in force, or violates the terms of prior information. 2-the period referred to in the preceding paragraph is of 60 days when there is place the query to external entities.

96 article 36-the administrative act 1-after the period provided for in the preceding article without advance notification has been rejected, is available on the computer system provided for in Article 8a of that information was admitted. 2 – the provision referred to in the preceding paragraph shall be the Act of admission of prior communication. 3 – After the admission of prior communication, the interested party may initiate the works, by the payment of fees through self-assessment.

SUBSECTION VI special procedures article 37 urban Operations whose project lacks approval of the central Government


1-The town planning operations referred to in article 4 and 6 whose project, in accordance with special legislation applicable, requires central Government approval, in particular those relating to industrial enterprises, shops, entertainment venues and public amusements and taking place in real estate classifieds or in the process of classification and its protected areas are also subject to license or prior communication in accordance with the provisions laid down in the present law. 2-except as provided in law, the agencies cannot approve prior information, nor grant requests for license or previous communications concerning town planning operations provided for in paragraph 1, unless the applicant submits documentary evidence of the approval of the central Government. 3-time limits for City Council to decide on the requests for information in advance, or license prior to communication town planning operations provided for in paragraph 1 are counted from the date of delivery by the applicant of the document referred to in the preceding paragraph.

97 article 38 1 tourist complexes-The tourist developments are subject to the legal framework for the development operations in cases where it is intended to carry out the Legal Division of the land into lots. 2-in the situations referred to in the preceding paragraph shall not apply the provisions of article 41, and the blending operation in areas where the tourist use is compatible with the provisions of the territorial management instruments are valid and effective.

Article 39 prior authorization of location where the works are located in the area in terms of urbanization plan, detail plan or permit or advance notice of allotment in force expressly affects to the proposed use, is dismissed prior authorisation of location that, according to law, should be issued by central government bodies without prejudice to the other authorizations or approvals required by law relating to administrative obligations or restrictions.

Article 40 [repealed] SECTION III special licensing or advance notice SUBSECTION I of blending Operations article 41 Location of blending operations can only be carried out in areas situated within the urban perimeter and 98 on land already urbanized or urbanization is scheduled in municipal land-use plan.

Article 42 the Committee of coordination and Regional Development 1-the licensing of blending operation that takes place in an area not covered by any municipal land use plan is subject to a prior opinion in favour of CCDR to which applies mutatis mutandis to the provisions of paragraphs 4 and 5 of article 13 2-the opinion of the CCDR is intended to evaluate the operation of blending from the point of view of regional planning and to check your connection with the instruments of territorial development provided for by law. 3-the opinion of REGIONAL COORDINATION lapse within two years unless, within that period, is licensed the operation of blending, or, once, there are no changes in the assumptions of fact and law on which he based the opinion. 4-submission of request under referred to in article 112 shall suspend the counting of the period referred to in the preceding paragraph.

Article 43 areas for green space and of collective use, infrastructure and equipment 1-development projects should include areas for the implementation of green spaces and of collective use, road infrastructure and equipment. 2-the parameters for the dimensioning of the areas referred to in the preceding paragraph are those defined in the municipal plan of land use planning. 3-To check if the allotment project respects the parameters referred to in the preceding paragraph shall be deemed to be either the private plots to affect those purposes you want parcels to cede to the City Council in accordance with the following article. 4-green spaces and collective use, road infrastructure and equipment of private nature are common parts of the batches resulting from the operation of blending and buildings that will be constructed and shall be governed by the provisions of articles 1420.º to 1438.º of the Civil Code.

Article 44 99 Concessions 1-the owner and other holders of rights in rem over the building lot yield 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 permit or advance notice, should integrate the municipal domain. 2-for the purposes of the preceding paragraph, the applicant shall indicate the areas of the municipality in providing plant to deliver with the application for licensing or advance notice. 3-The parcels of land granted to the municipality are in the municipal domain with the issuance of the licence, or, in cases provided for in article 34, through own instrument to be carried out by the private notary of the municipality within the time limit laid down in paragraph 1 of article 36, the town hall setting at the time of receipt the plots allocated to public and private areas of the municipality. 4-If the building lot is already served by infrastructure referred to in paragraph (h)) of article 2 or do not justify the location of any equipment or public green space in that building, or in the cases referred to in paragraph 4 of the preceding article, any disposal for these purposes, however, the owner thanks to the payment of compensation to the municipality , in cash or in kind, as defined in regulation.

Article 45 Reversal


1-the transferor has a right of reversion on the plots provided pursuant to previous article where these are earmarked for purposes other than those for which have been provided. 2-the exercise of the right of reversal the previous paragraph applies, with any necessary adaptations, the provisions of the code of Expropriations. 3-as an 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 to determine compensation, under the terms established in the code of Expropriations with reference to the order to which affects the plot, calculated to the date on which could be to the reversal. 100 4-parcels that, pursuant to paragraph 1, have reverted to the transferor shall be subject to the same purposes that should be assigned at the time of disposal, except in the case of instalment affecting collective use equipment, and shall in that case be affect the green space, and the endorsement of that fact in its planning and integration into admission of prior communication. 5-the rights referred to in paragraphs 1 to 3 may be exercised by the owners of at least one third of the lots formed as a result of the blending operation. 6-going on real estate built on plot reversed, the Court may order the demolition, your application of the transferor under the terms established in articles 37 et seq. of law No. 15/2002, of February 22. 7-the County is liable for damage caused to the owners of the properties referred to in the preceding paragraph, under the terms established in Decree-Law 48051, of 21 November 1967, in respect of unlawful acts. 8-the demolition referred to in paragraph 6 shall apply the provisions of articles 52 and following of the Decree-Law No. 794/76, of 5 November. 9-the rollback right provided for in paragraph 1 cannot be exercised when the transferred parcels purposes are changed under the provisions of paragraph 1 of article 48 article 46 and infrastructure management of green spaces and of collective use 1-infrastructure and management of green spaces and of collective use can be entrusted to residents or residents groups etc and urbanized areas upon the conclusion of cooperation agreements or contracts granting the municipal domain. 2-cooperation agreements may relate, in particular, on the following aspects: a) cleanliness and hygiene; b) conservation of existing green spaces; c) maintenance of playground equipment and leisure; d) surveillance of the area, in order to avoid your degradation. 3-grant agreements shall be concluded whenever invest in collective use or equipment in fixed installations and not demountable 101 in green spaces, or the maintenance of infrastructures.

Article 47 concession contract 1-The principles must comply if the administrative contracts granting the municipal domain referred to in the previous article are set out in Decree-Law itself, which lay down the rules to be observed in respect of the period of validity, content of the right to private use, obligations of the concessionaire and the municipality in terms of execution of works , provision of services and infrastructure maintenance, providing guarantees and modes and terms the kidnapping and termination. 2-the use of the areas granted in accordance with the provisions of the preceding paragraph and the execution of the respective contracts are subject to supervision of the City Council, in accordance with the established in the diploma there referred to. 3-contracts as referred to in the preceding paragraph may not, under penalty of nullity of the corresponding clauses prohibit the access and use of the leased space from the public, without prejudice to the limitations to such access and use which are admitted in the diploma referred to in paragraph 1.

Article 48 implementing instruments of territorial planning and urbanistic instruments 1-permit conditions or advance notice of allotment operation can be changed on the initiative of the City Council, provided that such amendment is necessary for the execution of municipal land use plan, special plan of spatial planning, urban development priority area, construction area of priority or critical area of recovery and urban redevelopment. 2-the decision by the City Council to determine the changes referred to in the preceding paragraph is properly grounded and implies the issuance of new permits, and the publication and submission to record this at the expense of the municipality. 3-the decision referred to in the preceding paragraph is preceded by the preliminary hearing the holder of the permit or communication and other interested parties, which have a deadline of 30 102 days to reach a decision on the draft decision. 4-the legal person to approve the instruments referred to in paragraph 1 to determine directly or indirectly the damage caused to the holder of the permit and other interested parties, by virtue of the exercise of the option provided for in paragraph 1, is responsible for the same in accordance with the procedure laid down in Decree-Law 48051, of 21 November 1967, in terms of liability for lawful acts.

Article 48-the Changes to the operation of blending subject of prior communication Without prejudice to the provisions of the previous article, the change of operation of blending admitted subject to prior communication can only be presented if the Non-opposition of the majority of the owners of the lots contained in the communication.

Article 49 legal transactions


1-in judicial or other legal documents, as well as on the instruments relating to acts or legal transactions resulting, directly or indirectly, the Constitution of lots in accordance with subparagraph (a) (i)) of article 2, without prejudice to articles 6 and 7, or the transmission of legally constituted lots, shall bear the number of the permit or of prior communication the date of issue or your admission by Town Hall, expiry date and the certificate of the land register. 2-cannot be celebrated public deeds of first transmission of buildings built in lots or building units of these buildings without being displayed, before the notary, a certificate issued by the City Council, demonstrating the provisional reception of the works of urbanization or certificate issued by the City Council, demonstrating that the security referred to in article 54 is enough to ensure the proper execution of the works of urbanization. 3-If the urbanization works are carried out in accordance with articles 84 and 85, the Scriptures referred to in the preceding paragraph may be celebrated by displaying a certificate, issued by the City Council, demonstrating the completion of such works, duly enforced in accordance with the approved projects. 103 4-view of the certificates referred to in paragraphs 2 and 3 is waived where the planning of allotment was issued under decree-laws Nos. 289/73, 6 June, and 400/84, of 31 December.

Article 50 fractionation of rustic buildings 1-The splitting of rustic buildings applies the provisions of decree-laws Nos. 384/88 of 25 October, and 103/90 of 22 March. 2-The legal transactions resulting in the splitting or rustic buildings Division are reported by parties to the Town Hall of the place of the situation of the buildings, which promotes the communication of same to the Portuguese Geographic Institute. 3-the communication referred to in the preceding paragraph is made within 20 days following the conclusion of the deal.

Article 51 Registry Information 1-the conservative land registry refers to CCDR monthly until the day 15 of each month, a copy of the elements relating to blending operations and its annexes whose records have been requested in the previous month. 2-[deleted] article 52 the sale Advertising in advertising the sale of plots of land, buildings or building units in them built, under construction or to be built, it is obligatory to mention the number of the license of allotment or advance notification and the date of issue or your admission by the City Council, as well as its period of validity.

SUBSECTION II works of urbanization 104 article 53 conditions and lead time 1-With the decision referred to in article 26 or through municipal regulation in situations provided for in article 34, the body responsible for the licensing of the urbanization works establishes: a) The conditions to be fulfilled in the implementation of the same, including the compliance with the provisions of the scheme of management of construction and demolition waste produced in them , and the deadline for your conclusion; the) The conditions to be fulfilled in the implementation of the same, including the compliance with the provisions of the scheme of management of construction and demolition waste produced in them, and the deadline for your conclusion; (b) the amount of the deposit) to ensure the proper execution of the works and regular; (c)) the General conditions of the contract of the residential area referred to in article 55, where appropriate. 2-in the situations provided for in article 34 the lead time is set by the person concerned, and may not, however, exceed the limits set by regulation. 3-the time limit set in accordance with subparagraph (a)) and paragraph 1 of paragraph 2 may be extended at the request of the person concerned, by reasoned once and for no more than half the initial period, when it is not possible to complete the works within the time limit established for this purpose. 4-When the work is in a phase of finishes, can still the Mayor, the reasoned request of the person concerned, be granted further extension by an additional payment at the rate referred to in paragraph 2 of article 116, in an amount to be determined in regulation. 5-the period referred to in paragraph 2 may also be extended as a result of amendment of the licence or prior communication admitted. 6-the extension of the time limit under referred to in the preceding paragraphs do not give rise to the issue of new permits or presentation and admission of new advance notification and should be mentioned in the Charter or existing communication. 105 7-the licence conditions or prior communication of works of urbanization can be changed on the initiative of the City Council, in accordance with and on the grounds set out in article 48 article 54 Security


1-the applicant or provides collateral to guarantee communicating the good and regular implementation of works of urbanization. 2-the security referred to in paragraph 1 is provided in favour of the City Council, by means of a bank guarantee to the autonomous first request, mortgage on real estate owned by the applicant, cash deposit or performance bond and must appear in the title that it is subject to update in accordance with paragraph 4 and remains valid until definitive reception of the works of urbanization. 3-the amount of the security deposit is equal to the constant value of budgets for implementation of projects of the works to be implemented eventually fixed by the City Council with the issuance of the licence, which may be increased by an amount not exceeding 5% of that value, intended to compensate costs of Administration if show necessary to apply the provisions of articles 84 and 85. 4-the amount of bail must be: a), preceding reasoned deliberation of the municipal Council, taking into account the correction of the value of the work by applying the legal rules and regulations concerning price reviews of public works contracts, when is insufficient to ensure the completion of the work, in case of extension of the term or completion as a result of the sharp rise in the cost of materials or wages; b) Reduced, under the same terms, in accordance with the progress of works at the request of the person concerned, which must be decided within 15 days. 5-the set of reductions made pursuant to paragraph b) of the preceding paragraph may not exceed 90% of the original amount of the security deposit, and the balance released by the definitive reception of the works of urbanization. 6-the strengthening or the reduction of the deposit, in accordance with paragraph 4, does not rise to the issuance of new permits or presentation and admission of new communication.

106 article 55 1-urbanization contract when the execution of urbanization works involved, by virtue of legal or regulatory provision or pursuant to Convention, more than one charge, the same can be contracted from urbanization. 2-Are parties to the contract of urbanization, the municipality and the owner and other holders of rights in rem over the building and, optionally, the companies that provide public services, as well as other entities involved in the operation of blending or resulting, in particular urbanization interested in acquisition of lots. 3-the development contract sets out the obligations of the Contracting Parties in respect of the implementation of the urbanization works and the responsibilities that are subject, as well as the deadline for compliance with those. 4-When there is place the conclusion of contract of urbanization, he will mention in the planning or communication. 5-Along with the initial application, communication, and at any time the procedure until the approval of the works of urbanization, the person concerned may submit proposed contract of urbanization.

Article 56 1-phases execution for the interested may request the execution by stages of urbanization, identifying the works included in each phase, the budget and the time limits within which it intends to apply for their license. 2-the application referred to in the preceding paragraph shall be submitted with the application for licensing of allotment, or, when the works of urbanization does not integrate in blending operation, with the application of the same. 3-each phase should have internal consistency and correspond to a zone of the area the lot or upgrading that can operate autonomously. 4-the application is decided within 30 days from the date of your submission. 5-admitted to the implementation in phases, the license covers only the first phase of the 107 works of urbanization, resulting in each subsequent phase an addition to the Charter. 6-in the case of operation carried out under a prior communication, the applicant identifies the communication phases in which it intends to proceed to implement the works of urbanization, by applying mutatis mutandis the provisions of paragraphs 1, 2 and 3.

SUBSECTION III works of edification article 57 implementation conditions 1-the City Council lays down the conditions to be fulfilled in the implementation of the work with the approval of the application for licensing of the works referred to in (c)), d) and e) of paragraph 2 of article 4, and through municipal regulation to the works provided for in (c)) h) of paragraph 1 of article 6 and should safeguard the provisions of the scheme of management of construction and demolition waste. 2-the conditions relating to the occupation of the public thoroughfare or the placing of sidings and seals are set out by the applicant's proposal, which, in the situations envisaged in subparagraphs (c)) h) of paragraph 1 of article 6, shall accompany the advance notification, and the City Council to change them if not based on violation of legal provisions or regulations, or in need of links with other planned or existing occupations. 3-in the case referred to in article 113, the conditions to be fulfilled in the implementation of the works are those that are proposed by the applicant. 4-the advance notification for works in the area covered by blending operation cannot take place before the provisional reception of the respective works of urbanization or the security referred to in article 54. 5-the provisions of article 43 shall apply to procedures for licensing or advance notice of the works referred to in (c)), d) and e) of paragraph 2 of article 4, as well as to those provided for in (c)), d, e) and (f))) paragraph. Article 6 1 when the adjoining buildings and functionally linked together, which determine, in urban terms, similar impact to a blending operation, in accordance with the set by municipal regulation. 108 6-the provisions of paragraph 4 of article 44 shall apply to procedures for licensing or advance notice of the works referred to in (c)), d) and e) of paragraph 2 of article 4, as well as to those provided for in (c)), d), and), and f) of paragraph 1 of article 6, when it contemplates the creation of road and pedestrian circulation areas , green spaces and equipment for private use. 7-the provisions of the preceding paragraph shall also apply to procedures for advance notification of town planning operations provided for in points (a) to (d)) and e) of paragraph 1 of article 6, provided that it is made for your achievement in an area not covered by blending operation.

Article 58 lead time


1-fixed City Hall, with the acceptance of the application for licensing of the works referred to in (c)) g) of paragraph 2 of article 4, the deadline for execution of the work, in accordance with the programming proposed by the applicant. 2-in the situations provided for in (c)) h) of paragraph 1 of article 6, the lead time is set by the person concerned, and may not, however, exceed the limits set by regulation. 3-the periods referred to in the preceding paragraphs begin from the date of issuance of their licence, the date of the payment or the payment of fees or the collateral in situations provided for in article 113, or the end of the period referred to in paragraph 1 of article 36, in the event of prior communication. 4-the deadline for the completion of the work can be changed by reason of public interest, duly substantiated, the Act of acceptance referred to in paragraph 1 or, in the situation referred to in paragraph 2, by the end of the period laid down in paragraph 1 of article 36 5-When it is not possible to complete the works within the time limit laid down, this may be extended the reasoned request of the person concerned, for once and for no more than half the initial period, except as provided in the following paragraphs. 6-When the work is in a phase of finishes, can the Mayor, at the request of the party concerned, grant reasoned further extension by an additional payment at the rate referred to in paragraph 1 of article 116, in an amount to be determined in regulation. 109 7-the time limit set in accordance with the preceding paragraphs can still be extended as a result of the amendment of the licence, as well as the presentation of changes to projects presented with the advance notice allowed. 8-the extension of the time limit under referred to in the preceding paragraphs do not give rise to the issue of new permits or presentation and admission of new advance notification and should only be in these mentioned. 9-in the case referred to in article 113, the deadline for the completion of the work is that which is proposed by the applicant.

Article 59 Implementation in phases 1-the applicant may opt for the phased execution of the work, and to that end, in the case of urban operation subject to licensing, identify the architectural design work included in each phase and indicate the time periods from the date of approval of that draft, which proposes to require the approval of the engineering projects of specialties related to each of these phases and the City Council establish different deadlines by reason of public interest has been found to be duly substantiated. 2-each phase must correspond to a part of the building subject to autonomous use. 3-in the cases referred to in paragraph 1, the request referred to in paragraph 4 of article 20 shall identify the phase of the work to which it refers. 4-lack of presentation of the request referred to in paragraph 1 within the time limits laid down in paragraph 1 shall entail the forfeiture of the Act for approval of the architectural design and the unofficial archive of the process. 5 – [repealed] 6-admitted to the implementation in phases, the license covers only the first phase of works, each subsequent stage entailing an addition to the Charter. 7-in the case of urban operation subject to advance notification, the party concerned identifies the communication phases in which it intends to carry out the execution of the work, by applying mutatis mutandis the provisions of paragraphs 1 and 2.

110 article 60 existing Buildings 1-the buildings built under the previous law and their uses are not affected by legal and regulatory rules consequential. 2-the license or admission of prior communication of works of reconstruction or alteration of buildings may not be refused on the basis of legal provisions or regulations consequential to the original construction, provided that such works do not entail or increase compliance with the regulations in force, or have resulted in the improvement of the health and safety of the building. 3-Notwithstanding the preceding paragraphs, the law may impose specific conditions for the exercise of certain economic activities in buildings already earmarked for such activities under the previous law, as well as to condition the execution of the works referred to in the preceding paragraph to the accomplishment of the work deemed necessary accessories for the improvement of safety and wholesomeness of the building.

Article 61 identification of the technical director of the holder of the building permit and the presenter of the prior communication are required to post a sign in imperishable material on the outside of the building, or to write one of his outer elements, the ID of the technical director of the work and the author of the architectural design.

SUBSECTION IV use of buildings or their fractions article 62 1-Scope the authorization of use of buildings or building units intended to verify conformity of work completed with the approved project and with the conditions of licensing or advance notice. 111 2-authorization, when there is no place for carrying out of works or in the case of change of use or rental authorization for non-residential buildings or unlicensed instalments, in accordance with paragraph 4 of article 5 of Decree-Law No. 160/2006 of 8 August, is intended to verify the completeness of the intended use with the legal and regulatory rules applicable and the suitability of the building or your autonomous fraction for order intended.

Article 63 request Statement 1-application for authorization of use should be instructed with consent forms signed by the authors of the work and the director of supervision of work, in which those must declare that the work was performed in accordance with the approved design and the licence conditions or prior communication and, where appropriate that changes to the draft are in accordance with the legal provisions and regulations applicable to it. 2-the application for marketing authorization pursuant to paragraph 2 of the preceding article must be instructed with disclaimer signed by person entitled to be author of project according to the system of professional qualification of technicians responsible for elaboration and subscription.

Article 64 the granting of authorization to use


1-use authorization is granted, within 10 days of receipt of the application, based on the disclaimer referred to in the preceding article, except in the situation referred to in the following paragraph. 2-the Mayor, ex officio or at the request of the Manager of the procedure and within the time limit laid down in the preceding paragraph, determines the realization of inspection to be carried out in accordance with the following article, if there is any of the following situations: a) the application for authorisation to use not be instructed with the disclaimer referred to in the previous article; (b) there are serious indications, in particular) based on the elements contained in the process or 112 book of work, the accomplish in order that determines the inspection, that the work is in compliance with the respective project or requirements. c) in the case of authorization referred to in paragraph 2 of article 62, there are serious indications that the building, or your independent fraction is not suitable for the purpose intended.

Article 65 implementation of 1-survey the survey is within 15 days of the decision of the President of the Chamber referred to in paragraph 2 of the preceding article, since whenever possible on a date to be agreed with the applicant. 2-the survey is carried out by a Commission composed of at least three, to be designated by the City Council, of which at least two must have legal qualification to be author of project, corresponding to the subject of survey work, in accordance with the scheme of the professional qualification of technicians responsible for elaboration and subscription. 3-the date of carrying out of survey shall be notified by the City Council to the applicant for authorisation to use, which may be accompanied by the authors of the projects and the technical direction of the work technique, which participate, without the right to vote, in the survey. 4-the conclusions of the survey must be followed in the decision on the application for authorization. 5-in the case of imposition of change arising from the survey, the issuance of the authorization required depends on the proper conduct of these verification works by new survey request by the person concerned, which must be held within 15 days of the date of the respective application. 6-not the survey carried out within the time limits referred to in paragraphs 1 or 5, the applicant may request the issuance of authorization to use, upon presentation of proof of application of same pursuant to article 63 or the preceding paragraph, which is issued within 5 days and without the prior completion of survey.

113 article 66 1-horizontal Property in the case of buildings incorporated in horizontal property regime, the authorization may have as its object the building on your whole or each of its building units. 2-use authorization may be granted separately for one or more building units when the common parts of the buildings in which are integrated are also capable of being used. 3-If the person concerned has not yet applied for certification by the City Council that the building satisfies the legal requirements for your Constitution in horizontal property regime, such a request can integrate the application for authorisation to use. 4-the provisions of paragraphs 2 and 3 shall apply mutatis mutandis to buildings composed of units capable of independent use that are not subject to the horizontal property regime.

SECTION IV Validity and effectiveness of the licensing acts, the admission advance notification or authorization of use SUBSECTION I Validity article 67 the validity of Licensing Requirements, admission of prior communications or permits to use urban operations depends on your compliance with legal standards and regulations in force on the date of your practice, without prejudice to the provisions of article 60.

114 article 68 Nothings are zero licenses, the admission of prior communications or use authorizations provided for in this diploma: a) violate the provisions of municipal land use plan, special plan of land use planning, preventive measures or development license in force; b) Violates the provisions of paragraph 2 of article 37; (c)) have not been preceded by consultation of the entities whose opinions, authorizations or approvals are legally required, as well as when you do not agree with these opinions, authorizations or approvals.

Article 69 Participation, special administrative action and Declaration of nullity 1-the operative events of nullities provided for in previous article and any other facts that may result in the nullity of administrative acts provided for in this decree-law shall be filed, by whom, to the knowledge of them, public prosecutor for the purposes of filing the relevant special administrative action and respective procedural media accessories. 2-When the purpose of the licensing acts, for admission of prior communication or permits to use pursuant to any of the invalidades provided for in the preceding article, the citation to the licensee, prior communication or permits to use to challenge the action referred to in paragraph 1 have the effects provided for in article 103 to the embargo, without prejudice to the next paragraph. 3-the Court may, ex officio or at the request of those concerned, authorise the pursuit of the work if the resulting feature evidence of illegality of your lodging or your rejection, and the judge decides this issue, when there is no place within 10 days. 4-the possibility of the Court that issued the Act or decision declaring invalidity shall lapse within a period of 10 years, getting senile also entitled to propose the measure provided for in paragraph 1 if the facts that determined the nullity are not reported to the public prosecutor within this period 115, except for national monuments and its protection zone.

Article 70 civil Responsibility of Directors


1-the city respond civilly for damage caused in the event of revocation, annulment or declaration of nullity of licenses or prior communications whenever the cause of repeal, annulment or declaration of nullity resulting from unlawful conduct of holders of its organs or of its employees and agents. 2 – recipients of the organs of the County and its employees and agents respond jointly and severally with that when have intentionally given the lawlessness that is based of repeal, annulment or declaration of nullity. 3-When the illegality that justifies the revocation, annulment or declaration of nullity resulting from binding opinion, authorization or approval legally chargeable, the entity that issued it responds in solidarity with the city, which has about the right of return. 4-the provisions of this article relating to joint and several liability shall not affect the right to return to the case, in accordance with law.

SUBSECTION II lapse and revocation of license or the admission of prior communication article 71 1-license Expiry or admission of prior communication to carry out operation of blending shall lapse: (a) the authorization is not required) to carry out the respective works of urbanization within one year from the date of notification of the Act of licensing, or , in the event of a prior communication, is not filed prior communication to the urbanization works within one year after the admission of that; or if b) is not required the single licence referred to in paragraph 3 of article 76 within 116 1 year from the date of notification of the Act of authorization of the respective works of urbanization. 2-the license or the admission of prior communication to carry out operation of blending which does not require the execution of works of urbanization, as well as the license for conducting urban operations provided for in paragraph 1 (b))) and g) of paragraph 2 of article 4 shall lapse if, within one year from the date of notification of the Act of licensing or the admission of prior communication , is not required to issue the respective permit or initiated the works in the case of prior communication. 3-in addition to the situations referred to in the preceding paragraph, the license or the admission of prior communication to carry out urban operations referred to in the previous paragraph, as well as the license or the admission of prior communication to carry out blending operation that requires the execution of works of urbanization, expires: a) If the works are not initiated within nine months from the date of issue of the permit , the time limit laid down in article 36, or, in the cases referred to in article 113, the date of the payment of fees, your payment or your payment guarantee; b) If the works are suspended for more than six months, unless the suspension over not attributable to the holder of the licence or the admission of prior communication; c) If the works are abandoned for more than six months; d) If the works are not completed within the time limit laid down in the permit or prior communication or its extensions, counted from the date of issuance of the permit or the time limit provided for in paragraph 1 of article 36 e) [Repealed]. 4-for the purposes of subparagraph (c)) of the preceding paragraph, the works shall be deemed abandoned or work whenever: a) are suspended with no justification in its book of work; (b)) are carried out in the absence of the technician responsible for its implementation; c) If you do not know the whereabouts of the holder of the relevant licence or prior communication without this there is indicated the City Council Attorney that represents it. 5-The caducidades provided for in this article shall be declared by the Town Hall, with the audience interested. 117 6-the time limits referred to in the preceding paragraphs are in accordance with the provisions of article 279 of the Civil Code. 7-in the case of a licence for the conduct of allotment or operation of works of urbanization, the expiry for the reasons set out in paragraphs 3 and 4 shall not in respect of the lots for which has been already approved application for licensing for building works or has already been presented advance notification of the completion of these works.

Article 72 1 Renewal-the holder of the permit or advance notice that there are expired may require new license or introduce new communication. 2-in the case referred to in the preceding paragraph, shall be used in the new process elements that accompanied the previous process, provided that the new application is submitted within 18 months from the date of lapse or, if this term has been used, there are no alterations of fact and law which justify new presentation. 3 – [repealed] article 73 1-subject to the Revocation available the next number, the license, the admission of prior communication or use permits may be withdrawn under the terms established in the law for acts constituting rights. 2-in the cases referred to in paragraph 2 of article 105 the license or the admission of prior communication can be revoked by the City Council within six months of the expiry of the period established in accordance with paragraph 1 of that article.

SUBSECTION III urban operations 118 titles article 74 Title of the license, the admission of advance notification and authorisation of use 1-urban operations subject to licensing are titrated by Charter, whose issue is a condition of validity of the licence. 2-the admission of prior communication town planning operations is known by the receipt of your submission with proof of acceptance in accordance with article 36-a. 3-authorization of use of buildings is titrated by Charter.

Article 75 Competence the President of the City Council to issue the license to permit the realisation of urban operations, and may delegate this competence in councilmen with faculty of sub-delegation, or the leaders of municipal services.

Article 76 Requirement


1-the applicant must, within one year from the date of notification of the Act of licensing or authorization of use require the issuance of their licence, showing to the effect the elements provided for in Ordinance passed by the Member of Government responsible for land use planning. 2-Can still the Mayor, the reasoned request of the person concerned, grant an extension, for once, the time limit referred to in the preceding paragraph. 3-in the case of blending operation that requires the execution of works of urbanization is issued a single permit, which must be requested within one year from the date of notification of the Act of authorization of works of urbanization. 4-Notwithstanding the provisions of articles 64 and 65, the permit is issued within 30 days of the lodging of the request provided for in the preceding paragraphs, or 119 of the receipt of the elements referred to in paragraph 3 of article 11, provided that are paid the fees. 5-the application for issuance of permits can only be refused on grounds of revocation, suspension, revocation, annulment or declaration of nullity of license or the admission of prior communication or the lack of payment of the fees referred to in the preceding paragraph. 6-the planning follows a model type to be determined by Ordinance adopted by the Member of Government responsible for land use planning.

Article 77 1-Specifications the planning of operation license of allotment or urbanization works should contain, in the terms of the license, the specification of the following elements, as applicable: a) the permit holder identification; b) identification of the building subject to the operation of blending or urbanization works; c) identification of actions of municipal bodies related to the licensing of the operation of blending and urbanization works; d) framework for urban operation in municipal land use plan in force, as well as in its implementation unit, if any; and) number of lots and the area, location, purpose, area, building area, number of floors and number of fires for each of the lots, with specification of the Fireworks intended for controlled-cost housing, when provided; f) Concessions required, your purpose and specification of the parcels to be integrated in the municipal domain; g) deadline for the completion of the works of urbanization; h) Amount of collateral provided and identification of the respective title. 2-the Charter referred to in the preceding paragraph should contain, in an annex, the plants representative of the elements referred to in paragraph 1(e)) and f). 3-the specifications of the licence referred to in paragraph 1 shall be binding on the City Council, the owner of the building, as well as purchasers of lots. 120 4-the planning for the implementation of urban operations referred to in paragraph 1 (b)) to g) and l) of article 2 shall include, in the terms of the license, the following elements, as applicable: a) identification of the holder of the licence; b) identification of the batch or of the building where the works or works; c) identification of actions of municipal bodies related to the licensing of works or works; d) Framing of works in development or operation of municipal land use plan in effect, in the case of works referred to in paragraph 1 (b)), c) and (e)) of article 2; and the constraints) subject to licence; f) The cérceas and the number of floors above and below the threshold quota; g) the building area and the volumetry of buildings; h) intended use the buildings; I) the period of validity of the licence, which corresponds to the time limit for the completion of the works or works. 5-the planning of authorisation to use on the use of building or your fraction must 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 intended use of the property or portion of the property. 6-the Charter referred to in the preceding paragraph should also mention, where appropriate, that the building concerned fulfils the legal requirements for the establishment of horizontal property. 7-in case of replacement of the licence holder, the replacement should it prove with the Mayor for this the respective endorsement within 15 days from the date of replacement.

Article 78 1 Advertising-the holder of the permit should promote, within 10 days after the issuance of the licence, the posting in the subject of any urban building of a warning, visible from the outside, that should remain until the completion of the works. 121 2-the issuance of the planning development license must still be publicized by the City Council, within the time limit set in paragraph 1 through: a) Publication warning municipal newsletter and on the website of the municipality or, where these do not exist, by posting notice on the Town Hall and in the seats of the Parish Councils concerned; b) warning a Publication locally, when the number of lots is less than 20, or in a national newspaper, in other cases. 3-it is the Member of Government responsible for land use planning to approve, by Ordinance, the notice referred to in paragraph 1. 4-the warning referred to in the preceding paragraph shall include, as appropriate, the specifications referred to in paragraph 1 (a)) g) of paragraph 1 and a) c) and f) i) of paragraph 4 of article 77 5-the preceding paragraphs shall apply, mutatis mutandis, to the subject of prior communication.

Article 79 Cassation


1-the planning or the admission of prior communication is revoked by the President of the City Council when the licence expires or the admission of prior communication or when they are withdrawn, annulled or declared void. 2-the appeal of planning or advance notice of admission allotment is communicated by the Mayor to the competent land registry, for the purpose of the description and annotation of de-registration of planning and advance notice. 3-With the notification referred to in the preceding paragraph, the Mayor also knowledge to City Hall of lots that are in the situation referred to in paragraph 7 of article 71, requiring this partial cancellation or permit the admission of prior communication under f) of paragraph 2 of article 101 of the code of the land register and indicating the keep. 4-the Charter revoked is seized by the City Council, following notification to the holder. 5-admission of prior communication is revoked through the endorsement of Cassation to information referred to in paragraph 1 of article 36-a. 122 CHAPTER III implementation and oversight section I start of Article 80 1-start of the execution of the works and works subject to license under this diploma can only be initiated after issued its Charter with the exception of the situations referred to in the following article and except as provided in article 113. 2-the works and works subject to the advance notice may be initiated pursuant to paragraph 3 of article 36-a. 3-work and work referred to in article 7 may only start after issued the opinions or authorizations mentioned therein, or after the expiry of the period prescribed for its issuance. 4-within 60 days of the initiation of the work on urban operations referred to in (c))) of paragraph 2 of article 4 should the promoter of work present at City Hall copy of project execution of architecture and engineering specialties.

Article 80-information about the work and the person responsible for the same 1-within 5 days of the initiation of the proceedings, the Prosecutor informs the Town Hall of this beginning, stating also the identity of the natural or legal person responsible for the execution of the same. 2-the person in charge of the execution of the work is obliged to exact execution of the projects and compliance with the conditions of the licensing or advance notice.

123 article 81 demolition, excavation, peripheral containment and 1-When the licensing procedure has been preceded by previous favorable information that bind the City Council, the Mayor, at the request of the party concerned, allow the execution of demolition or excavation, peripheral containment and to the depth of the smaller dimension floor shortly after sanitation as referred to in article 11 Security is provided for replacement of the land under the conditions it was before beginning work. 2-construction permits in accordance with this decree-law, the decision referred to in the preceding paragraph may be issued at any time after the approval of the architectural design. 3-for the purposes of the preceding paragraphs, the applicant shall provide, as appropriate, the demolition plan, the draft stability or the excavation project and peripheral containment until the date of submission of the application referred to in that paragraph. 4-the President of the Chamber shall decide on the request referred to in paragraph 1 within 15 days of the date of your submission. 5-is title enough for the execution of the demolition, excavation, peripheral containment or the notification of approval of its application, that the applicant, at the beginning of the execution of the work covered by this directive, shall keep at the construction site.

Article 82 public networks 1-the permits referred to in paragraphs 1 and 4 of article 77, the admission of prior communication of article 36-A, as well as the notification referred to in paragraph 5 of the preceding article constitute enough title to instruct the connection requests from the water, sanitation, electricity, gas and telecommunications and may the applicants choose, with the permission of the entities providing, for carrying out the works needed to achieve your regulatory and technical conditions set by those entities. 124 2-presentation of the permit of authorisation to use the links referred to in the preceding paragraph are carried out by the deadline set in its Charter or the admission of prior communication and can only be extended by the period corresponding to the extension of that period, except in cases where that license has been issued for reasons not exclusively attributable to the Town Hall. 3-in the situation provided for in article 113, the connection requests referred to in paragraph 1 may be instructed with the payment or receipt of the deposit or deposit rates. 4-in the cases referred to in paragraph 3 of article 6, the connection requests are instructed with copy of receipt of advance notice and presentation of your admission and if necessary the compatibility of projects with existing infrastructures, or your conduct in the case of absence, these will be promoted by provider or by the applicant, in accordance with the final part No. 1.

SECTION II Article 83 activities Changes during the execution of the work can be performed in 1 Opus amendments to the draft, subject to advance notice under the conditions laid down in articles 35, since the communication is carried out with the advance required for the works are completed before the presentation of the request referred to in paragraph 1 of article 63 2-can be carried out without prior communication addiction to City Hall changes in works match the works that were subject to prior licensing. 3-changes in the project initially approved or filed involving works of expansion or changes to the deployment of buildings 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 are only submitted the supporting elements that have changed.

125 Article 84 implementation of works for the City Council


1-Without prejudice to the provisions of the present law relating to suspension, revocation of licences, authorisations or advance notice, admission or in cassation of the respective permits, City Hall, to safeguard the cultural heritage, the quality of the urban environment and the environment, the safety of buildings and the public in general or, in the case of works of urbanization , also for protection of interests of third party purchasers of lots, can promote the realization of works on behalf of the holder of the permit or the presenter of advance notice when, because that is attributable to the latter: a) have not been initiated within one year from the date of issuance of the permit or the time limit provided for in paragraph 1 of article 36; b) Remain disrupted for more than a year; (c)) have not been completed within the time limit set or your extensions, in cases where the City Council has declared the expiry; d) have been carried out the corrections or changes that have been ordered in accordance with article 105 2-the execution of the works referred to in the preceding paragraph and the payment of the costs incurred with the same shall be carried out in accordance with articles 107 and 108 3-City Hall can still trigger the guarantees referred to in articles 25 and 54 4-Logo that reimbursed expenditure incurred pursuant to this article the City Council shall lift the ban that may have been granted or, in the case of works of urbanization, emits its own Charter, competing the Mayor inform their deliberations, when appropriate, to the regional Directorate of environment and spatial planning and the curator of the land register.

Article 85 implementing the urbanization works for third 1-Any acquirer of lots, buildings built in lots or building units of the same has legitimacy to require judicial authorization to promote directly the implementation of 126 works of urbanization when, with the situations provided for in paragraph 1 of the preceding article, the City Council has not promoted to your implementation. 2-the application is accompanied by the following elements: a) copy of business license or prior communication and your admission; b) budget, the current prices of the market, concerning the implementation of the urbanization works in accordance with approved projects and conditions licensing; c) any other elements that the applicant understand necessary to the knowledge of the application. 3-before deciding, the court notifies the Town Hall, the holder of the permit or the presenter of advance notification to respond within 30 days and orders the performance of due diligence to understand useful for knowledge of the application, in particular the judicial inspection of the site. 4-If grant the request, the Court lays down specifically the works to be undertaken and the respective budget and determines that the security referred to in article 54 stay to your order, in order to meet the costs of the works within the limits of the budget. 5-in the absence or inadequacy of the security, the Court determines that the costs are borne by the municipality, without prejudice to the right of return of this on the holder of the permit or the presenter of prior communication. 6-the process referred to in the preceding paragraphs is urgent and free of expense. 7-sentence appeal in general terms. 8-it is the judicial court of the judicial district where the building which must perform urbanization works meet the requests referred to in this article. 9-the City Council issues its own motion planning for execution of works for third, competing to give your knowledge of their deliberations to the regional Directorate of environment and spatial planning and the curator of the land register, when: a) has been temporary reception of works; or b) is fully reimbursed expenditure incurred, if the situation referred to in paragraph 5.

127 SECTION III Conclusion and receipt of work article 86 and area Cleaning repairing damage 1-Completed the work, the owner is obliged to lift the shipyard, to clean the area, according to the scheme of management of construction and demolition waste it produced, and the repair of any damage or deterioration that has caused in public infrastructure. 2-the provisions of the preceding paragraph is a condition of the issuance of the permit or authorization of provisional reception of the urbanization works, unless it has been provided, in deadline set by the City Council, collateral to guarantee the implementation of the operations referred to in paragraph 1.

Provisional and definitive Reception article 87 of the urbanization works 1-falls within the competence of the City Council decision on the provisional and definitive reception of the works of urbanization after your completion and during the warranty period, respectively, upon request of the person concerned. 2-the reception is preceded by inspection, to be carried out by a Commission of which the person concerned or your representative and at least two representatives of the City Hall. 3-provisional and final reception, as well as the respective surveys, shall apply, mutatis mutandis, the rules applicable to provisional and final approval of the public works contracts. 4-In case of deficiency of urbanization as such marked the auto inspection, if the holder of the works of urbanization did not complain or come to your complaint dismissed and not to proceed with your correction within the time limit set for this purpose, the City Council shall in accordance with the provisions of article 84 5-the warranty period of urbanization is five years.

128 article 88 unfinished Works


1-When the works have already reached an advanced state of implementation but the license or the admission of prior communication there are expired, can be required to grant special leave for your completion or be presented prior communication to the same effect. 2-the granting of special leave and presentation of prior communication referred to in the previous paragraph follows the procedure laid down in articles 27 or 35, depending on the case, applying the provisions of article 60. 3-licences may be granted or accepted the communications provided for in paragraph 1 or prior communications when the City Council recognizes the interest at the conclusion of the work and do not show the demolition of the same, for environmental reasons, technical or economic planning. 4-in the case of prior recognition of media interest at the conclusion of the work takes place through non rejection by the City Council of communication, by reference to the foundations of the previous paragraph, within the time limit set in paragraph 1 of article 36 SECTION IV use and conservation of the built article 89 Duty 1 conservation-the buildings should be the subject of conservation works at least once every eight years and the owner, regardless of that period, perform all the works necessary to maintain your safety, wholesomeness and aesthetic arrangement. 2-Notwithstanding the previous paragraph, the City Council may at any time, of its own motion or at the request of any party concerned, determine the execution of conservation works necessary for the correction of poor condition of health or safety or to improve aesthetic arrangement. 3-the City Council may, of its own motion or at the request of any interested 129, order the total or partial demolition of buildings that threaten to ruin or offer danger to public health and safety. 4-The acts referred to in the preceding paragraphs are effective from your notification to the owner.

Article 89-A prohibition of deterioration 1-the owner can not, intentionally, cause or aggravate a situation of lack of security or public health, cause deterioration of the building or harm your aesthetic arrangement. 2-it is presumed, subject to proof to the contrary, there is infringement by the owner of the previous paragraph in the following situations: a) When the building is fully or partially vacant, only the top floor or openings of the upper floors stripped; b) When are missing decorative elements, namely masonry or tile flooring, in areas of the building that are not accessible by passers-by, being clear that such is the result of human action is missing. 3 – the prohibition in paragraph 1 shall apply, in addition to the owner, to any natural or legal person.

Article 90 1-prior Inspection decisions referred to in paragraphs 2 and 3 of article 89 are preceded by three technical survey to be carried out by the name by the City Council, two of which have legal qualification to be author of project, corresponding to the subject of survey work, in accordance with the scheme of the professional qualification of technicians responsible for elaboration and subscription. 2-the Act that determine the conduct of the survey and its fundamentals is notified the landlord by registered letter sent at least seven days in advance. 3-the eve of inspection, the owner may appoint an expert to intervene in the conduct of the survey and formulate questions that should answer the tech 130 nominees. 4-The survey is immediately drawn up auto, which appears in the identification of the property, the description of the State and the works envisaged, as well as the answers to the questions that are raised by the owner. 5-self referred to in the preceding paragraph is signed by all the technicians and by the expert that have participated in the survey and, if any of them do not want to or cannot sign it, mention this fact. 6-When the owner doesn't expert to date referred to in the preceding paragraph, the survey is conducted without the presence of this, without prejudice to any dispute or in administrative litigation of the decision in question, the owner can claim facts contained in the auto inspection when try it wasn't regularly notified under paragraph 2. 7-the formalities provided for in this article may be deprecated when there is imminent risk of collapse or serious danger to public health, in accordance with the procedure provided by law to the State of need.

Article 91 coercive Works 1-When the owner does not start the works as may be determined in accordance with article 89 or does not complete within the time limits that are set for that purpose, can the city take possession of property to give them immediate execution. 2-the compulsory execution of the works referred to in the preceding paragraph shall apply mutatis mutandis the provisions of articles 107 and 108 Article 92 1-administrative Evictions the City Council may order the dump contents of buildings or part of buildings in which to carry out the works referred to in paragraphs 2 and 3 of article 89, where this is necessary for the implementation of the same. 2-the dump referred to in the preceding paragraph may be determined automatically or when the owner wishes to make the same, at the request of this. 131 3-decision ordering the eviction is effective from your notification to occupants. 4-the dump must be run within 45 days of the date of your notification to occupants, except when there is imminent risk of collapse or serious danger to public health, in that you can run immediately. 5-when you occupying dump holder of lease applies the provisions of Decree-Law No. 157/2006 of 8 August.

Section V Supervision SUBSECTION I General provisions Article 93 Framework 1-any town planning operations is subject to administrative oversight, regardless of your prior entry for licensing, admission of prior communication, use authorization or exemption of prior checking. 2-the administrative oversight is intended to ensure compliance of those operations with legislative and statutory provisions applicable and to prevent the dangers of your conduct may result for the health and safety of persons.

Article 94 Competence


1-Without prejudice to the powers assigned by law to other entities, the supervision referred to in the preceding article for the Mayor, with the option of delegation at any Councillors. 2-The acts committed by the President of the City Council in the exercise of the powers of supervision provided for in this decree-law and involving a judgment of legality of acts done by the City Council, or to suspend or put an end to your effectiveness, may be revoked or suspended for this one. 132 3-in the exercise of supervisory activity, the Mayor is assisted by city officials with adequate training, to whom it is incumbent to prepare and execute its decisions. 4-the Mayor may also request collaboration of any administrative or police authorities. 5-the municipality may contract with private companies to carry out supervision of the carrying out of the inspections referred to in the following article, as well as the surveys referred to in article 64 6-the conclusion of contracts referred to in the preceding paragraph depends on compliance with the rules laid down in implementing decree, where is in the scope of the obligations assumed by the companies the respective liability regime and the guarantees to be provided.

Article 95 1 Inspections-municipal officials responsible for supervision of works or private undertakings referred to in paragraph 5 of the preceding article may perform inspections to sites where activities subject to monitoring under the terms of this diploma, without reliance on prior notice. 2-the provisions of the preceding paragraph does not obtain a warrant prior to entry into the residence of any person without your consent. 3-the warrant referred to in paragraph 1 shall be granted by the respective district judge at the request of the Mayor and follows the terms of the interim common procedure.

Article 96 1-Surveys in addition to the cases specifically provided for in this law, the Mayor can order the conduct of surveys on buildings in which they are to be performed when the urban operations exercise of supervisory powers depend on the proof of facts which, by nature or your particular complexity, involve an evaluative assessment of expert nature. 133 2-ordered inspections in accordance with the provisions of the preceding paragraph shall be governed by the provisions of article 90 and its conclusions must be followed in deciding the case.

Article 97 1 work book-all the relevant facts relating to the execution of works or licensed subject to advance notification shall be recorded by the Chief Technical Officer in the book to work, save on your site implementation to query by city officials responsible for supervision of works. 2-must be registered in the book of work, in addition to the respective dates of commencement and completion, all the facts involving the stopover or your suspension, as well as all changes made to the licensed project or announcement. 3-the model, and other records to be entered in the book of work are defined by Ordinance of government officials responsible for public works and for land-use planning, which also lays down the characteristics of the electronic work book.

SUBSECTION II Article 98 Sanctions administrative offences


1-Without prejudice to the civil, criminal or disciplinary liability, are punishable as a misdemeanour:) any town planning operations subject to prior licensing without the respective licensing permit, except in the cases laid down in articles 81 and 113; b) performing any town planning operations in compliance with the draft thereof, or with the conditions of licensing or the admission of prior communication; c) the performance of work in violation of the provisions of paragraph 2 of article 80; 134 d) the occupation of buildings or building units without authorization of use or at odds with the use set out in its Charter or the admission of prior communication, except where these have not been issued in the period for reasons solely attributable to the Town Hall; and The misrepresentation of the authors) and coordinator of projects in terms of responsibility, with regard to compliance with the General and specific technical standards of construction, as well as legal and regulatory provisions applicable to the project; f) The false statements in the disclaimer of the technical director of the work and the director of supervision of work or other relatively technical: i) the execution of a project's compliance with the approved design and with the licence conditions and prior communication admitted; II) compliance of the changes made to the project with the legal and regulatory rules applicable; g) subscription of project by who, for technical reasons, legal or disciplinary action, is inhibited to be compiled; h) the continuation of works whose embargo has been legitimately ordained; I) maintenance not visibly on the outside of the building of the notice referred to article 12; j) maintenance of way visible from the outside of the building, until the completion of the work, the notice that advertises the planning or the admission of prior communication; l) the lack of on-site work book where the works; m) the lack of records of the State of execution of the works in the book of work; n) not removing the rubble and other debris resulting from work in accordance with article 83; the) the absence of request to ask the City Council the endorsement of the applicant's replacement, the author of project or supervisory director of work, as well as the holder of the license or permit presenter of advance notification; p) the absence of the Charter number of allotment or admission of prior communication on ads or any other forms of advertising the sale of plots of land, buildings or building units it built; q) communication to the City Council of legal transactions resulting in the splitting or rustic buildings Division within 20 days of the date of conclusion; r 135) urban operations subject to advance notification without has been carried out and admitted; s) completion of urban operations referred to in paragraphs 2 and 3 of article 89 within the period prescribed for the purpose; t) intentional deterioration of the building by the owner or by a third party or serious breach of duty. 2-a misdemeanour provided for in (a)) and r) of the preceding paragraph is punishable with fine graduated from 500.00 € to a maximum of € 200,000.00, in the case of a natural person, and of 450,000.00 € 1,500.00 € until, in the case of a legal person. 3-the administrative offense referred to in paragraph b) of paragraph 1 is punishable with a fine of € 1,500.00 graduated up to a maximum of € 200,000.00, in the case of a natural person, and of 450,000.00 € 3,000.00 € until, in the case of a legal person. 4-a misdemeanour provided for in (c)), d), s) and t) of paragraph 1 is punishable with fine graduated from 500.00 € to a maximum of € 100,000.00, in the case of an individual, and up to € 1,500.00 € 250,000.00, in the case of a legal person. 5-The contravention referred to in paragraph 1(e)) h) of paragraph 1 are punishable with a fine of € 1,500.00 graduated up to a maximum of € 200,000.00. 6-The contravention referred to in subparagraphs (i)) to n) and p) of paragraph 1 are punishable with a fine of € 250.00 graduated up to a maximum of € 50,000.00, and of € 1,000.00 to 100,000.00 €, in the case of a legal person. 7-the administrative offense pursuant to the) and q) of paragraph 1 is punishable with fine graduated from 100.00 € to a maximum of € 2,500.00, in the case of a natural person, and of € 500.00 to € 10,000.00, in the case of a legal person. 8-When the contravention referred to in paragraph 1 are carried out in connection with town planning operations that have been the subject of prior communication under the present law, the maximum amount of the fines referred to in paragraphs 3 to 5 are compounded in € 50,000.00 and the fines referred to in paragraphs 6 and 7:00 pm € 25,000.00. 9-the attempt and negligence are punishable. 10-the competence to determine the establishment of processes for ordination, to designate the instructor and to apply the fines belong to the Mayor, and may be delegated to any of its members. 11-the product of the application of the fines referred to in this article reverts to the municipality, including when they are charged in court. 136 Article 99 penalties 1-The contravention referred to in paragraph 1 of the preceding article may still determine, when the gravity of the infringement is justified, the application of the following penalties: a) the seizure of objects belonging to the agent that has been used as a tool in the practice of infringement; b) banning of exercise in the municipality, up to a maximum of four years, the profession or related activity with the offence committed; c) deprivation of the right to subsidies granted by entities or public services. 2-the penalties provided for in paragraph 1, as well as those provided for in the preceding article, when applied to the construction industry, are reported to the Office of construction and real estate, i. p. 3-the sanctions imposed under the provisions of and), f) and (g)) of paragraph 1 of the preceding article to the authors of the projects, responsible for the technical direction of the work or who subscribe the liability provided for in article 63 shall be communicated to the respective order or Professional Association, if there is. 4-prohibition of exercise of activity referred to in paragraph b) of paragraph 1, when applied to legal person, extends to other legal persons established by the same partners.

Article 100 criminal liability


1-the disrespect of administrative acts which determine any measures for protection of urbanistic legality provided for in this diploma constitute a crime of disobedience, in accordance with article 348.º of the Penal Code. 2-The false statements or information provided by those responsible referred to in paragraph 1(e)) and f) of paragraph 1 of article 98 in terms of liability or in the work of the crime of falsification of documents, in accordance with article 256 of the Penal Code.

137 article 101(1) Responsibility of officials and agents of the public administration employees and agents of the public administration who are no longer participating in infringements of the supervisory entities or provide false information or wrong about the infringements of law and regulations of which they are aware in the exercise of its functions incur disciplinary liability, punishable with the penalty of suspension to dismissal.

Article 101-the legitimacy for the complaint 1-Any person entitled to communicate to City Hall, the Public Ministry, the professional bodies or associations, the Institute of real estate and construction, i. p. or other competent authorities to violations of the rules of this law. 2 – anonymous complaints shall not be admitted.

SUBSECTION III measures for protection of legality article 102 1 Embargo urban-without prejudice to the powers assigned by law to other entities, the Mayor is empowered to ban works of urbanization, building or demolition, as well as any refurbishment of land, when are being performed:) without the necessary permit or admission of prior communication; (b)) In compliance with the respective project or with the conditions of the licensing or advance notice allowed, except as provided in article 83; or c) in violation of legal norms and regulations. 2-the notification is made to the responsible for the technical direction of the work, as well as the holder of the license or permit the presenter prior communication and, when possible, 138 to the owner of the property on which the works are being carried out, or your representative, being enough to force the suspension of work any of these notifications or the who is to perform the work at the site. 3-After the embargo, is immediately ploughed its self, containing mandatory and specifically, the identification of the city employee responsible for supervision of works, of the witnesses and notified, the date, time and place of the stage and the reasons of fact and law which justify, the State of the work and the indication of the order of suspension and prohibition of further work and the period as well as the cominações your legal non-compliance. 4-auto is drawn up in duplicate and signed by the employee and by the notified, getting the duplicate on this. 5-in the case of the embargo order focus only on part of the work, its self will express statement that the embargo is partial and identify clearly which part of the work which is garnished. 6-the auto ban is notified to the persons identified in paragraph 2. 7-in the case of the works are being performed by a legal person, the embargo and the self are still reported to its registered office or representation in national territory. 8-the embargo, as well as your termination or expiry, is registered in the land registry by the order determined by the required endorsements.

Article 103 1-embargo Effects the embargo requires the immediate suspension of all or part of the work of execution of the work. 2-in the case of licensed works or subject to advance notification, the embargo also determines the suspension of effectiveness of its licence or the admission of prior communication and, in the case of works of urbanization, license or prior communication of urban allotment that same respect. 3-is banned the supply of electricity, gas and water works, and detained for this purpose be notified the act ordered the entities responsible for the listed supplies. 139 4-the embargo, even if partial, suspends the deadline is fixed for the execution of the works in its license and permit established for admission of prior communication.

Article 104 of the ban Expiry 1-the order of embargo expires as soon as it is handed down a decision defining the legal status of the work with finality or on expiry of the time limit which has been fixed for this purpose. 2-in the absence of fixing of deadline for the effect, the order of embargo expires if not rendered a final decision within six months, extendable only once for an equal period.

Article 105 works of correction or amendment 1-in the situations provided for in paragraph 1 (b)) and c) of paragraph 1 of article 102, the Mayor may also, where appropriate, order the correction works or alteration of the work, fixing a deadline for that purpose, taking into account the nature and degree of complexity. 2-after the period referred to in the preceding paragraph without those jobs are fully carried out, the work remains enjoined to be rendered a decision that set the your legal situation with finality. 3-in the case of urbanization works or other works required to ensure the protection of interests of third parties or the proper urban planning, the City Council can promote the accomplishment of the work of correction or amendment on behalf of the holder of the licence or the presenter of advance notification, in accordance with articles 107 and 108 4-order of correction or amendment suspends the deadline is set on the respective license or Charter established on advance notification for the period established pursuant to paragraph 1. 140 5-the period referred to in paragraph 1 ceases with the presentation of a request for amendment to the license or advance notice, in accordance with, respectively, in articles 27 and 35.

Article 106 of the Demolition and replacement of the land


1-the Mayor may also, where appropriate, order the total or partial demolition of the work or the replacement of the land under the conditions it was before the date of commencement of the works or works, fixing a time limit for this purpose. 2-the demolition can be avoided if the work is likely to be licensed or subject to advance notification or if it is possible to ensure your compliance with the legal provisions and regulations applicable through correction or change jobs. 3-the order of demolition or replacement referred to in paragraph 1 is preceded by a hearing of the interested party, which has 15 days from the date of your notification to rule on the content of the same. 4-once the time limit referred to in paragraph 1 without the order of demolition of the work or the replacement land is accomplished, the Mayor determines the demolition of the work or the replacement of the land on behalf of the offender.

Article 107 administrative and coercive execution Ownership 1-without prejudice to the criminal liability, in the event of breach of any of the measures of protection of urbanistic legality laid down in the preceding articles the Mayor can determine ownership of property where work is being performed, in order to allow for the enforcement of such measures. 2-the administrative act that have given the administrative ownership is notified the developer and other holders of rights in rem on the property by registered letter with acknowledgement of receipt. 3-administrative ownership is held by city officials responsible for monitoring works 141, by drawing up a auto where, apart from identifying the Act referred to in the preceding paragraph, is specified as is the land, the work and the rest of the existing buildings on the site, as well as the equipment there. 4-in the case of compulsory execution of an order of embargo, the city officials responsible for supervision of works proceed to shipyard work and sealing of their equipment. 5-In duly justified cases, the Mayor may authorize the transfer or removal of the equipment of the place of performance of the work, for your initiative or at the request of the client or from your contractor. 6-the developer or your contractor must be notified whenever the equipment is deposited elsewhere. 7-administrative ownership of the land and of the equipment shall remain for the period necessary for the enforcement of the respective legal guardianship measure urban getting senile at the end of the period set for the same. 8-in the case of compulsory execution of an order of demolition or correction or alteration works, these must be performed within the same period which had been granted to the effect to your recipient, that period after the date of commencement of the possession. 9-the execution referred to in the preceding paragraph may be made by direct administration or under contract by direct agreement, in consultation with the three companies Charter holders of public works contractor of class and category appropriate to the nature and value of the works.

Article 108 expenditure incurred with the coercive execution 1-amounts relating to expenditure incurred in accordance with the previous article, including any damages or penalty charges that the Administration has to endure to the end, are the offender's account. 2-When those amounts are not paid voluntarily within 20 days of notification for the purpose, are charged in court in tax foreclosure process, serving as Executive title certificate, passed by the competent services, demonstrating the costs incurred and the Chamber accept, 142 to extinction of the debt, restitution in accordance with or by reference to the fulfilment in accordance with law. 3-the credit referred to in paragraph 1 enjoys privilege about lot real estate or land where the building is situated, graduated after the credits referred to in point (b)) of article 748.º of the Civil Code.

Article 109 cessation of use 1-Without prejudice to the provisions of paragraphs 1 and 2 of article 2 of Decree-Law No. 281/99, of July 26, the Mayor is responsible for ordering and set deadline for the cessation of use of buildings or building units are busy without the necessary authorization to use or when you are being assigned to order other than laid down in its Charter. 2-When the occupants of the buildings or their fractions do not cease misuse within the time limit set, can the City Council determine the administrative eviction, by applying mutatis mutandis the provisions of article 92 3-dumping determined under the preceding paragraph must be discontinued when, in the case of a building or your instalment that are being used for housing the occupant, by a medical certificate, the execution of it endangers life, by reason of acute disease, the person is in place. 4-in the situation referred to in the preceding paragraph, the eviction cannot proceed while the City Council do not provide for the relocation of the person concerned, at the expense of the person responsible for misuse, in accordance with the previous article.

CHAPTER IV Guarantees of individuals article 110 right to information


1-Any data subject has the right to be informed by the respective Town Hall: a) On the development and territorial planning instruments in force for 143 determined area of the municipality, as well as the other general conditions governing urban operations referred to in this law; b) about the status and progress of the processes that directly affect them, with specification of the actions already taken and their content, and those who still should be, as well as the time limits applicable to the latter. 2-the information provided for in the preceding paragraph must be provided regardless of order and within 15 days. 3-The interested has the right to refer to processes that directly affect them, in particular by electronic means, and to obtain the certificates or certified documents reproductions that are part of, upon payment of the amount they are owed. 4-access to processes and new birth certificates must be requested in writing, saved electronically, and consultation is provided regardless of order and within 10 days of the date of submission of the corresponding application. 5-the town hall setting at least one day a week for municipal services are exclusively at the disposal of competent citizens to submit any requests for clarification or information or complaints. 6-the rights referred to in paragraphs 1 and 3 are extended to any person proven to have legitimate interest in knowledge of the elements who want to and still, for defence of diffuse interests defined in the law, any citizens in the enjoyment of their civil and political rights and the associations and foundations advocates of such interests.

Article 111 silence of Administration Within the time limits set for the practice of any act especially regulated in this decree-law without which it is practiced, it is observed the following: a) in the case of Act that should be practiced by any municipal agency within the framework of the licensing procedure, the person concerned may resort to the procedure set out in article 112; b) repealed c) in the case of any other Act, shall be deemed to have been tacitly accepted the claim, with the General consequences. 144 article 112 summons to act legally due 1-in the case referred to in point (a)) of article 111, can the interested ask the Court circle of administrative area in which the requested authority to subpoena the competent authority to carry out the Act that is due. 2-the application for a summons must be filed in duplicate and accompanied by copy of the application to the Act. 3-the Secretariat, as soon as you register the application input, dispatches by post notifying the requested authority, accompanied by the duplicate to respond within 14 days. 4-the answer or the period has elapsed, the process for the Prosecutor, for two days, and then it's conclusion to the judge, to decide within five days. 5-if there are grounds for rejection, the application will only be rejected when the requested authority shall make proof of the Act due to the expiry of the period prescribed for the reply. 6-in the decision, the judge sets deadline of no more than 30 days before the requested authority practice the Act due and fixed penalty payment, under the conditions laid down in the code of procedure in administrative courts. 7-at the request of subpoena shall apply the provisions of the code of Administrative courts Process about the urgent procedures. 8-the annulment of the decision has merely devolutive effect. 9-once the time limit fixed by the Court without that practiced the Act because, the person concerned may avail themselves of the provisions of article 113, with the exception of the following paragraph. 10-in the situation provided for in the preceding paragraph, in the case of approval of the architectural design, the person concerned may join the specialty projects or, if you already did in the initial application, starts counting the period provided for in point (c)) of paragraph 1 of article 23 145 Article 113 1-tacit Acceptance in the situations specified in paragraph 9 of the previous article , the interested party may initiate and pursue the execution of the work in accordance with the application submitted pursuant to paragraph 4 of article 9, or use immediately. 2-the beginning of the works or the use depends on the prior payment of fees that are due under the present law. 3-When the City Council refuses to settle or to receive the fees due, the interested party may proceed to deposit the amount in the credit institution order of the City Council, or, when there is carried out the settlement, prove that your payment is secured by collateral, by any means in law admitted, by amount calculated in accordance with the regulation referred to in article 3 4-for the purposes set out in the preceding paragraph , must be posted in Treasury services the Town Hall the number and the Bank in which it has account and where it is possible to make the deposit, as well as the municipal regulation on which are provided for the fees referred to in paragraph 2. 5-If the City Council does not carry out the liquidation of the proper rate or give effect to provisions of the preceding paragraph, the person concerned can start work immediately or use the work, giving that knowledge to City Hall and requiring the Court circle of administrative area in which the local authority that issued this subpoena the planning permit. 6-The application for a summons referred to in the preceding paragraph shall apply the provisions of paragraph 7 of the previous article. 7-the certificate of final judgment that there is summoned to the issuance of the planning permit overrides, for all legal purposes, the permit not issued. 8-in the situations specified in this article, the work cannot be garnished by any administrative authority based on lack of license.

146 Article 114 Challenge 1-administrative opinions expressed that are issued by central Government organs under the procedures regulated in the present law may be subject to administrative challenge. 2-the challenge in any acts committed or opinions issued pursuant to this Regulation shall be decided within 30 days, after which it is considered accepted.

Article 115 Special Administrative Action


1-special administrative action of the conduct referred to in article 106 have suspensive effect. 2-With the quotation of the petition of appeal, the administrative authority has a duty to prevent, as a matter of urgency, the initiation or continuation of execution of the contested act. 3-all the time and to the decision in first instance, the judge may grant the merely devolutive effect in action, of its own motion or at the request of the defendant or Prosecutor, if the same result is evidence of illegality of your lodging or your dismissal. 4-The decision referred to in the preceding paragraph appeal with merely devolutive effect, which rises immediately.

Chapter V Fees inherent to urban operations Article 116 Rate for carrying out, maintenance and strengthening of urban infrastructures 1-the issuing of permits and license of use and permit the admission of prior communication provided for in this regulation are subject to the payment of the fees referred to in point (b)) of article 6 of Decree-Law No. 53-/2006 , of 29 January. 147 2-the issuance of the license and permit the admission of prior communication of blending are subject to payment of the fees referred to in point (a)) of article 6 of Decree-Law No. 53-E/2006, of 29 January. 3-the issuance of the license and permit the admission of prior communication construction or expansion in the area not covered by allotment or permit operation of urbanization is also subject to the payment of the fee referred to in the preceding paragraph. 4-the issue of the partial license licence referred to in paragraph 6 of article 23 is also subject to the payment of the fee referred to in paragraph 1, there is no way for the liquidation of the same at the time of issuance of the permit. 5-projects of municipal regulation of fee for the achievement, maintenance and strengthening of urban infrastructures must be accompanied by the reasons for calculation of rates provided for, taking into account, inter alia, the following elements: a) multiannual programme for municipal investments in the implementation, maintenance and improvement of general infrastructure, which can be defined by differentiated geographical areas; b) differentiation of fees depending on the uses and types of buildings and, eventually, their location and the corresponding local infrastructure. 6-the preceding paragraphs shall also apply to the town planning operations subject to advance notification.

Article 117 1 rate Settlement-the Mayor, with the acceptance of the application for licensing, proceeds to the payment of fees, in accordance with the regulation approved by the municipal Assembly. 2-payment of the fees referred to in paragraphs 2 to 4 of the preceding article may, by resolution of the City Council, with faculty of the delegation and subdelegation of this President in the City Council or the leaders of municipal services, be split up by the end of the implementation period laid down in the Charter, since bond to be provided pursuant to article 54 3-liquidation fees fit administrative claim or judicial review in 148 terms and with the effects laid down in procedural code and Tax process. 4-requirement, by the City Council or by any of its members, of capital gains not provided for in law or any compensation, compensation or donations entitle the holder of the licence or prior communication to the realization of urban operation, when compliance with those requirements, give the right to recover the amounts wrongly paid or, in cases where the compensation, compensation or donations are made in kind the right to return and compensation thereof that any place. 5-in the case of a reverse charge mechanism provided for in this decree-law, the municipalities must provide regulations and other necessary elements to your gross weight, and the applicants use hours provided for in paragraph 3 of article 113 CHAPTER VI transitional and final provisions article 118 Conflicts arising from the application of the municipal regulations 1-For the resolution of conflicts in the application of municipal regulations provided for in article 3 can stakeholders require the intervention of an arbitral Commission. 2-Notwithstanding the provisions of paragraph 5, the Arbitration Commission shall consist of a representative of the City Council, a representative of the person concerned and a technician appointed by co-option, an expert on concerned the dispute, which he chairs. 3-in the absence of agreement, the coach is appointed by the President of the Administrative Court of competent administrative circumscription circle. 4-the establishment and functioning of the arbitration committees applies the provisions of the law on voluntary arbitration. 5-The public associations of professional nature and business associations in the construction sector can promote the creation of institutionalised arbitration centres to conduct arbitrations under the matters provided for in this article, in accordance with the law. 149 Article 119 list of territorial management instruments, the easements and restrictions of public utility and other relevant instruments


1-The municipalities must maintain the relationship of the territorial management instruments and the administrative obligations and public utility restrictions especially applicable in the area of the municipality, namely: a) the regarding regional land use plan, special plans of spatial planning, municipal and inter-municipal plans of land use planning, preventive measures, priority urban development areas construction priority areas, critical areas of recovery and urban reconversion and development permits in force; b) protection zones real estate classifieds, or in the process of sorting, archaeological protection reserves and special protection areas of Archaeological Park referred to in law No. 107/2001, of 8 September; c) [Repealed]; d) protection zones to buildings and other constructions of public interest referred to in Decree-Law No. 40388, of 21 November 1955; e) buildings or natural elements classified as municipal interest, referred to in law No. 107/2001, of 8 September; f) protected areas of reservoirs of public waters referred to in Decree-Law No. 502/71, of 18 November; g) integrated water domain Areas by public or private law, referred to in Decree-Law No. 468/71, of 5 November, and law No. 58/2005, of 29 December; h) national parks, nature parks, nature reserves, recreational reserves, protected landscape areas and places, sites, ensembles and classified objects, referred to in Decree-Law No. 19/93, January 23; I) integrated in national agricultural Reserve Areas, referred to in Decree-Law No. 196/89 of 14 June; j) integrated in the National ecological reserve Areas, referred to in Decree-Law No. 93/90, of 19 March, in the drafting of the Decree-Law No. 180/2006 of 6 September; l) protection zones established by Decree-Law No. 173/2006, of 24 August. 2-The city councils also maintain updated list of 150 municipal regulations referred to in article 3, the territorial action programmes running, as well as the units of execution delimited. 3 – the information referred to in the preceding paragraphs shall be made available on the website of the municipality.

Article 120 Duty of information 1-The city councils and commissions for coordination and Regional Development have a duty of mutual information on cases concerning town planning operations, which must be fulfilled by sending communication within 20 days of the date of receipt of the respective request. 2-not being provided the information referred to in the preceding paragraph, the entities that have requested may resort to subpoena process regulated in articles 104 et seq. of law No. 15/2002, of February 22.

Article 121 of the notifications and communications the notifications and notifications referred to in this Decree and directed to the applicant should be made via email or other means of electronic transmission of data, unless this is not possible or prove inadequate.

Article 122 the Subsidiary Legislation is not specifically provided for in this decree-law applies in the code of administrative procedure.

Article 123 Against the legal provisions relating to construction to the codification of the technical standards of construction, it is up to the members of the Government responsible for public works and by the spatial planning 151 promote the publication of the statement of the legal and regulatory provisions to be observed by the technicians responsible for the works projects and your running, and this relationship appear 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 force of this decree-law, the regime of legal deposit of urbanization and edification.

Article 125 previous Permits amendments to permits issued under the now repealed legislation and decree-laws Nos. 166/70, of 15 April, 29 46673 November 1965, 289/73, 6 June, and 400/84, of 31 December, shall be governed by the provisions of this law.

Article 126 statistical Elements 1-City Hall sends monthly to the Instituto Nacional de Estadística statistical elements identified in Ordinance of the Government officials responsible for local government and regional planning. 2-the brackets to be used for the provision of the information referred to in the preceding paragraph shall be established by the National Institute of statistics, after consultation of the entities involved.

Article 127 autonomous regions the arrangements provided for in this Decree shall apply to autonomous regions, without prejudice to the legal notice which shall carry out the necessary adjustments. 152 Article 128 [Repealed] Repeals article 129 shall be repealed: a) Decree-Law No. 445/91, of 20 November; b) Decree-Law No. 448/91, of 29 November; c) Decree-Law No. 83/94, of 14 March; d) Decree-Law No. 92/95, 9 may; and) articles 9, 10 and 165 to 168 of the general regulation of urban buildings, approved by Decree-Law No. 38382, of 7 August 1951.

Article 130 entry into force the present law shall enter into force 180 days after the date of your publication.