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First Amendment To Law No. 48/98, Of 11 August, Which Establishes The Bases Of The Policy Of Regional Planning And Urbanism

Original Language Title: Primeira alteração à Lei n.º 48/98, de 11 de Agosto, que estabelece as bases da política de ordenamento do território e de urbanismo

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Exhibition of Motives

The Law No. 48/98 of August 11 laying down the foundations of the policy for planning

of the territory and of urbanism, defined the principles and general objectives of the policy of

planning of territory and urbanism. In development of this Act, the Government

approved, through the Decree-Law No 380/99 of September 22, the legal regime of the

instruments of territorial management. In addition to two punctual modifications, that

diploma was amended by Decree-Law No 310/2003 of December 10,

essentially in the area of the training procedure of municipal plans of

planning of the territory.

Volved almost 10 years and at the time when the existence of the instruments is perqueue

of territorial management of national and regional ind, the National Programme of the Policy of

Spatial Planning and the Regional Plans of Territory Planning, Urge

review some aspects of the Law of bases that the practice and time have demonstrated are


The present amendment has as its main objective the enhancement of the efficiency of the processes

of spatial planning and, therefore, of the operativity of the management system

territorial. It is the efficiency of the processes and the tools of intervention the medium fit

to produce more speedy, but also more skilled and harmonious results of the

point of view of territorial interventions that aim to promote development

economic, social and environmental.

In the optics of municipal accountability associated with simplification and considering the

pendency of the approval procedures of the National Program of the Policy of

Planning of the Territory and the procedures for drafting four new plans

regional land-use planning, it is proposed to subject ratification by the Government

only the municipal director plan, making government intervention a

truly exceptional mechanism, justified by the need for relaxation

of the territorial management system.

In effect, the municipal master plan becomes subject to ratification


solely when, in the drafting procedure, the question of its

compatibility with regional or sectoral planning plans and

whenever the city hall so requests, so that, in realization of the

principle of the mitigated hierarchy, the Government may consider about the derogation

of those instruments of territorial management, which condition the respective validity.

As a result of this option, it also matters to displace the control of legality of the

inter-municipal plans and municipal planning plans of the territory of the

Government for the final control of the regional coordination and development commission.

On the other hand, considering that the acts of cessation of restrictions and servitude of

public utility of certain areas of the territory, as well as the misallocation of the

immovable property of the public domain or of the public utility purposes to which they were found

adstrites, have direct effect on the discipline established in the municipal plans of

land-use planning matters to predict the expiry of the standards of the affected plans

so as to ensure its updating.

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

National of Portuguese Municipalities.

They were heard, on an optional basis, the Order of the Architects, the Order of the

Engineers, the Portuguese Association of Landscape Architects, the Association

Portuguese for Regional Development, the Portuguese Association of Geographers, the

Association of Portuguese Urbanists, the Professional Association of Urbanists

Portuguese and the Association for the Development of the Right of Urbanism and the



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

Assembly of the Republic the following proposal for a law:

Single article

Amendment to Law No. 48/98 of August 11

Articles 20, 23, 32 and 33 of the Law No. 48/98 of August 11, pass to

following wording:


" Article 20.




3-Intermunicipal planning plans of the territory are drawn up

by the municipal chambers involved and, after opinion of the regional junta,

approved by the respective municipal assemblies.

4-Municipal planning plans of the territory are drawn up by the

municipal chambers and approved by the municipal assemblies,

by establishing the following specific rules:

a) Municipal board plans are subject to advice from the junta

regional and ratification by the Government, when it occurs to

incompatibility with regional planning plans

territory and sectoral plans;

b) The urbanization plans are subject to the opinion of the regional junta;

c) The detailed plans are subject to the opinion of the regional joint;

d) [...].



Article 23.

Ratification by the Government

1-A ratification by the Government of the municipal director plan has as an effect

the derogation from the standards of regional plans and sectoral plans

incompatible with municipal options.

2-A ratification of the municipal master plan may be partial, taking advantage of

only to the object of ratification.

Article 32.

Municipal planning plans of the territory



2-A cessation of restrictions and servitude of public utility and the

misallocation of real estate from the public domain or the purposes of utility

public to which adstrites were found, specifically those of the field

private unavailable from the state, even if they integrate the heritage of

institutes or public companies, have as an effect the expiry of the

land use regime for them specifically provided for in the plans

municipal land-use planning, if these do not already have

established the applicable land use regime.

3-Before the expiry of the expiry of the land use scheme referred to in the

previous number, the municipality must redefine the use of the soil by

elaboration or amendment of instrument of territorial management.

Article 33.

Special plans for spatial planning

The special plans for spatial planning are the plans of

spatial planning of protected areas, the planning plans of albufairs of

public waters, the coastal orthic planning plans and the plans of

planning of estuaries. "

Seen and approved in Council of Ministers of June 14, 2007

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs