Key Benefits:
1
PROPOSED LAW NO. 149 /X
Exhibition of Motives
The Decree-Law No. 555/99 of December 16 concerning the legal regime of the
municipal licensing of loosing operations, urbanization works and the
private works, has not been able to introduce simplification, speed and rigour
appropriate to the licensing, evidencing various difficulties originating in the
disappropriate administrative control, sometimes redundant, in the lack of coordination
between the intervening entities and in the total absence of recourse to the technologies of the
information today vulgarized. Thus, decorated five years since alteration
introduced to the legal regime of edification and urbanization, operated by the Decree-Law
n (177/2001) of June 4, urge to introduce amendments aimed at the elimination of
unwarranted barriers to the citizen and the streamlining of procedures, changes that if
infact in the wider context of the Administrative Simplification Program and
Legislative ' Simplex'.
With a view to overcoming these obstacles and in the fulfillment of the Government Programme
are proposed profound changes to this regime that are characterized by a new
delimitation of the scope of the various procedures for prior control,
where the extinction of the permit is included, adapted to the level of existing planning,
the impact of the urbanistic intervention and the responsibility of each player, donde
results in a significant decrease in prior control, its limitation to what is
appropriate and necessary and the devolution to individuals of freedom and initiative in the
realization of small works in the interior of buildings, all counterbalanced by the
reinforcement of municipal oversight and accountability of actors.
Thus, it is proposed exemption of forms of prior control of the works of amendment of
unclassified buildings or in sorting routes, or their fractions, which do not
imply modifications of the cérceas, the shape of the facades, the roofs and the structure
of stability, putting current end to the need for prior communication; the magnification
of the scope of the prior communication which is to integrate the works of urbanization,
construction, alteration or extension and the work of remodeling of land in
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areas covered by lotement operation or detail plan, as well as in the
interventions in consolidated areas and with a view to urban recovery, and redefinition
and realization of the situations of licensing dispensation or prior communication in the
interventions of scant urbanistic relevance.
The vocalized urbanistic interventions for the requalification and recovery of zones
consolidated urban areas are benefited from the subjection to the prior communication regime
and licensing exemption.
The possibility for private individuals was held to make use of the prior information, however,
their effects have been extended, which will, in certain circumstances, allow to access
to mere prior communication.
It also deserves to highlight the exemption of licensing or prior communication from the
urban planning operations relating to business and similar parks, namely
areas of business location, industrial and logistics areas, when promoted
by the Public Administration.
These changes do not correspond to the resignation of the public administration of control and
monitoring of the compliance of urban planning interventions, before on the contrary
inspective skills remain unchanged, safeguarding the possibility
intervention for control of the legality of the municipality at any time. On the other
side, frees the public administration for the exercise of these tasks at the expense of
other merely bureaucrats who have not demonstrated to ensure legality and
observance of the rules of edification. As a counterpart to these changes, it strengthens the
accountability of promoters, underwriters of the projects and those responsible
technicians by the direction of the works, through the change of the minimum value of the against
ordering applicable to false statements and temporal broadening of sanctions
ancillary, keeping up with the already existing criminal typification.
Also at the level of the loadings regime, emparcelings and repairs was
carried out a clearance of the operations that are in fact to be submitted to their
regime. Thus, it has removed itself from its scope the mere emparcelings and made up to depend
the subjection of the repairs to the licensure of the will of the holders, whenever the
plots that of it result are not intended immediately for urbanization or
edification. Too, it has sanctioned the procedure useless acts as the submission to
public discussion in the situations in which the municipality is bound by the concrete causes
of improper.
Another fundamental change respects the redefinition of the relationship with entities
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external to municipalities, creating a system based on the coordination and use of
technologies of information. In the current system, consultations to the entities that should be
pronounce on urban planning operations on the grounds of location, suitability or
compliance with territorial management instruments are carried out in an individual way
and sectorialised with clear loss of the speed, simplification and uniformity of
understandings. So these consultations become carried out through a single
coordinating entity, to which it issues a global and binding decision of the Administration
Central.
At another level, the consultations for approval or certification of the projects of
specialities will also be assented in electronic structures, which will, however, be
dispensed, in certain situations, by the assumption of conformity by the
responsible technical for the same. This accountability will, still, extend to the phase of the
execution, putting an end to the realization of surveys by these external entities.
Another fundamental change relates to the creation of an authorization system
of common use for all urbanistic and autonomous interventions of the
prior control procedures. This system is based on the assumption by the technician
responsible for the compliance of the edited with the projects approved or presented,
reserving the survey for use of the edified to exceptional situations, creating-
if, at the same time, a clear and effective regime for the realization of it, when
take place. Also here there is no risk of a lack of control or surveillance
by the municipality, as the survey will take place when there are indications of
discompliance, by continuing the municipality to be able to exercise its competence of
supervision at any time, particularly prior to the completion of the edited.
These changes will have considerable reflections on other graduates, by virtue of their
articulation with the special procedures, particularly touristic and industrial and
whose revisions are also under way.
With a view to the tutelage of private individuals and the enhancement of legal certainty, it is further promoted
the amendment of the scheme of the invalid licensing acts, setting a deadline
maximum for the promotion of the five-year declaration of nullity.
In the field of procedure, the widespread resource is established to the technologies of the
information, with the necessary dematerialization of the administrative procedure since
the reception to the subsequent treatment, as well as internal and external monitoring
of the procedures through the figure of the procedure manager who, among others
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privileged functions in relation to each procedure, will be incarcerated to check the
compliance with deadlines, identify the obstacles to the normal unwinding of each
procedure and provide information to those concerned, without prejudice to the access online from the
applicant to the specific information on the development of its procedure and
general information about the same.
Finally, at the level of the procedural instruction, you walk to the officious instruction of the
procedures in relation to all the documentary elements that are available to the
public administration; matter that will be the subject of development in diplomas
own.
The self-governing bodies of the Autonomous Regions and the Association were heard
National of Portuguese Municipalities.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents
to the Assembly of the Republic the following proposed law:
Article 1.
Amendment to Decree-Law No 555/99 of December 16
Articles 2 to 18, 20 to 25, 35, 35 to 37, 42, 47 to 90, 93 to 93, 93, 93, 93
97 to 99, 102, 105, 106, 109, 115 to 117, 119 to 123, 127. 127, 127, 127.
and 130. of the Decree-Law No. 555/99 of December 16, they go on to have the following
wording:
" Article 2.
[...]
For the purposes of this diploma, it is understood to be:
a) [...];
b) [...];
c) Reconstruction works without preservation of the facades: the works of
construction subsequent to the full or partial demolition of an edification
existing, of which results the reconstitution of the structure of the facades, of the
cércea and the number of floors;
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d) [...];
e) [...];
f) [...];
g) [...];
h) [...];
i) Lotting operations: the actions that have as an object or by effect to
constitution of one or more batches intended, immediate or
subsequently, to urban edification, and that results from the division of one or
several buildings, or of their reparation;
j) Urban planning operations: the material operations of urbanization, of
edification, use of buildings or soil, provided that in the latter case,
for non-exclusively agricultural, animal husbandry, forestry, miners or
public water supply;
l) [...];
m) Works of scant urbanistic relevance: the works of edification or
demolition that, by its nature, size or location have scarce
urbanistic impact.
n) Reconstruction works with preservation of the facades: the works of
construction subsequent to the demolition of part of an existing edifice,
preserving the main facades with all its elements no
dissonants and of which does not result in uplift with cércea superior to that of the
higher confining edifices.
o) Consolidated urban area: area characterized by a density of
occupation that allows to identify an already defined urban fabric or urban structure,
where there are the essential infrastructure and where they are defined
the alignments of the marginal plans by buildings in continuity.
Article 3.
[...]
1-In the exercise of its own regulatory power, municipalities approve
municipal regulations of urbanization and or of building, as well as regulations
concerning the launch and settlement of the fees and the provision of surety that, in the terms
of the law, be due to the realization of urban planning operations.
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2-The regulations provided for in the preceding paragraph shall be aimed at
concretization and implementation of this degree, and may not contradde it
willing, and shall set the amounts of fees to be charged in the cases of admission of
prior communication and tacit deferrals, and may not these values exceed the
provided for the licensing or express act.
3-The drafts of the regulations referred to in paragraph 1 are submitted to the discussion
public, by no less than 30 days, prior to their approval by the organs
municipal.
4-[...].
Article 4.
License
1-A realization of urban planning operations depends on prior leave, on the terms and
with the exceptions set out in this section.
2-[...]:
a) The loteing operations;
b) The urbanization works and the remodeling works of land in area
not covered by lotement operation;
c) The construction, alteration and extension works in area not covered by
lotion operation;
d) The works of reconstruction, magnification, alteration, conservation or demolition
of classified real estate, or in classification pathways, and the works of
construction, reconstruction, enlargement, alteration, conservation or demolition
of real estate located in classified real estate protection areas, well
how of the real estate integrated into sets or classified sites, or in
areas subject to administrative servitude or restriction of public utility;
e) The works of reconstruction without preservation of the facades;
f) The demolition works of the edifices that are not foreseen in
license of reconstruction works;
g) The remaining urbanistic operations that are not exempt from licence, us
terms of this diploma.
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3-A subjecting the licensing of the acts of repairing the property of which
result plots not intended immediately the urbanization or building depends
of the will of the owners.
Article 5.
[...]
1-[...].
2-[ Revoked ].
3-A The approval of the prior information regulated in this diploma is from the
competence of the municipal chamber, and may be delegated to its chairman, with
faculty of subdelegation in the aldermen.
4-[ Revoked ].
Article 6.
Exemption of leave
1-Without prejudice to the provisions of the paragraph d) of Article 4 (2), are exempt from
license:
a) The conservation works;
b) The alterations in the interior of buildings or their fractions, apart
of the rated real estate or in classification pathways, which do not imply
modifications to the stability structure, the cércees, the shape of the
facades and the shape of the roofs;
c) The reconstruction works with preservation of the facades;
d) The urbanization works and the remodeling works of land in area
covered by lotement operation;
e) The construction, alteration or extension works in area covered
by loteing operation or detail plan containing the
elements referred to in points c ), d) and f) of Article 91 (1) of the Decree-
Law No. 380/99 of September 22;
f) The construction, alteration or extension works in urban area
consolidated , that respect the municipal plans and of which do not result
uplift with cercea higher than the most frequent height of the facades of the
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edited front on the side of the washer where it integrates the new edification,
on the street trolle between the two closest transversals,
for one and the other side;
g) The erection of swimming pools associated with main edification;
h) The changes to the use of the buildings, as well as the lease for purposes
non-housing of unlicensed buildings or fractions, under the terms of the n.
4 of Article 5 of the Decree-Law No 160/2006 of August 8.
i) The works identified in Article 6-A;
j) The highlights referred to in the n. paragraphs 4 and 5.
2-[ Revoked ].
3-Without prejudice to the provisions of Article 37 and in the special procedures that require
external consultation, the works referred to in points c) a h) of paragraph 1 shall be subject to the
prior communication regime.
4-The acts that have the effect of the highlight of a single plot of building with
predial description that is situated in urban perimeter are exempt from licence, since
that the two plots resulting from the highlight confront with public hoodlums.
5- In the areas outside the urban perimeters, the acts to which the number is referred
previous are exempt from leave when, cumulatively, if show complied with the
following conditions:
a) [...];
b) [...].
6-In cases referred to in paragraphs 4 and 5, it is not permitted to carry out, in the area
corresponding to the originating building, new highlight in the terms referred to therein by a
deadline of 10 years counted from the date of the previous highlight.
7-The conditioning of construction as well as the burden of non-fractionation,
provided for in paragraphs 4 and 5 shall be entered in the predial register on the plots
resulting from the highlight, without what cannot be licensed any work of
construction in these plots.
8-[...].
9-A certificate issued by the municipal chamber, proving the verification of the
requirements of the highlight, constitutes document quite a lot for the purpose of predial registration
of the highlighted plot.
10-The acts that have the effect of the plot highlight with a predial description that if
situe in urban perimeter and outside of this must observe the provisions of the n. paragraphs 4 and 5.
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Article 7.
[...]
1-Are also exempt from licence:
a) [...];
b) [...];
c) The works of edification or demolition promoted by public institutes
who have for specific assignments the safeguarding of cultural heritage
or the promotion and management of the state housing stock and which are
directly related to the pursuit of these assignments;
d) [...];
e) The works of edification or demolition and the works promoted by
entities dealerships or public services, when if
reconduct the pursuit of the object of the concession;
f) The urbanistic operations promoted by public companies relatively
to business and similar parks, particularly areas of location
business, industrial and logistics areas.
2-[...].
3-The loosing operations and the urbanization works promoted by the
local authorities and their associations in area not covered by municipal plan of
spatial planning must be authorized in advance by the assembly
municipal, after submitted to the non-binding prior opinion of the Commission of
Coordination and Regional Development (CCDR), to which it is to pronounce on the
period of 20 days from the receipt of the respective application.
4-The loosing operations and urbanization works promoted by the State
must be previously authorized by the minister of guardian and the minister
responsible for the planning of the territory, after hearing the city hall, the
which one is to pronounce within 20 days of receipt of the respective application.
5-[...].
6-A The realization of the urban planning operations provided for in this article shall observe the
legal and regulatory standards that are applicable to them, specifically the
constants of instrument of territorial management, of the legal regime of protection of the
cultural heritage, from the legal regime applicable to the management of construction waste and
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demolition, and the technical standards of construction.
7-[...].
Article 8.
[...]
1-Prior control of urban planning operations obeys the forms of procedure
provided for in this section, and the special conditions of
licensing provided for in Section III of this Chapter.
2-Without prejudice to the powers of the procedure manager, the direction of the
instruction of the procedure competes with the mayor of the city hall, and may be
delegated to the councillors, with faculty of subdelegation in the service leaders
municipal.
3-Each procedure is accompanied by procedure manager, to whom it competes
ensure the normal development of the procedural springboard, accompanying,
notably, the instruction, fulfilment of deadlines, the provision of information and
the clarifications to those interested.
4-The receipt of the application submission for licensing, prior information
or prior communication contains the identification of the procedure manager, as well as
the indication of the place, the time and the way in which you can be contacted.
5-In case of replacement of the procedure manager, it is notified to the person concerned
identity of the new manager, as well as the elements referred to in the preceding paragraph.
Article 9.
[...]
1-Unless otherwise provided, the procedures provided for in this diploma
initiate through application or communication presented with recourse to
electronic means and through the system provided for in the previous article, addressed to the
chair of the city hall, of which they must record the identification of the
applicant or communicant, including the domicile or registered office, as well as the indication of the
quality of holder of any right that confers you the faculty of carrying out the
urbanistic operation.
2-Of the application or communication also appears as an indication of the application or
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object in clear and precise terms, identifying the type of urbanistic operation a
carry out by reference to the provisions of Article 2, as well as the respective location.
3-When it respects to more than one of the types of urban planning operations referred to in the
article 2 directly related, all operations must be identified
covered, applying in this case the form of procedure corresponding to each
type of operation, without prejudice to the tramway and joint appreciation.
4-The application or communication is accompanied by the planned instructory elements
in portaria approved by the members of the Government responsible for public works and
by planning of the territory, in addition to the specially referred documents
in the present diploma.
5-[ Revoked ].
6-With the submission of application or communication by electronic means is
issued receipt delivered by electronic means.
7-In the initial application may the person concerned request the indication of the entities
that, under the law, they should issue opinion, authorization or approval relatively
to the application submitted, by sendoating such notified within 15 days, save for rejection
Preliminary injunction of the application under the provisions of Article 11 para.
8-The manager of the procedure records in the proceedings the subsequent joining of any
new documents and the date of the consultations to entities outside the municipality and the
receipt of the respective responses, where appropriate, as well as the date and content
decisions of the municipal bodies.
9-A the replacement of the applicant or communicant, of the person responsible for any of the
projects submitted to or from the technical director of the work must be communicated to the manager
of the procedure for the latter to proceed to the respective aversion in the period 15
days from the date of the replacement.
Article 10.
[...]
1-The application or communication is always instructed with statement by the authors
of the projects, from which it is observed that they have been observed in the elaboration of the same
applicable legal and regulatory standards, specifically the technical standards of
construction in force, and of the coordinator of the projects, which attests to the compatibility
between the same.
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2-Of the statements mentioned in the preceding paragraph shall, as yet, appear
reference to the compliance of the project with the municipal planning plans
territory applicable to the claim, as well as with the loteeing licence, when
exists.
3-Without prejudice to the provisions of the following number and in special legislation, they may only
subscribe to projects the legally enabled technicians who find themselves enrolled
in public association of a professional nature and to make proof of the validity of your
enrolment when submitting the initial application.
4-Technicians whose activity is not covered by public association may
subscribe to the projects for which they possess appropriate habilitation, under the terms of the
provisions of the professional qualification regime required of the responsible technicians
by the drafting and underwriting of projects or in special legislation concerning
legally recognized public body.
5-The authors and coordinator of the projects must declare, in particular in the
situations provided for in Article 60, which technical or regulatory standards in
vigour that have not been observed in the elaboration of the same, substantiating the
reasons for their non-observance.
6-Whenever irregularities are found in the terms of liability, in the
which respects the applicable legal and regulatory standards and compliance of the
project with the municipal plans for land use planning or leave of
lotement, when there is, should the same be communicated to the public association
of a professional nature where the technician is registered or the public body
legally recognized in the case of technicians whose activity is not covered by
public association.
Article 11.
[...]
1-Compete to the mayor of the city hall, for his initiative or by appointment
of the procedure manager, decide the issues of formal and procedural order which
may preclude the knowledge of any application or communication presented in the
scope of this diploma.
2-The chairman of the city hall proffers dispatch dispatch of the
application, within eight days of the respective submission, whenever the
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application or communication do not contain the identification of the applicant or
communicant, of the application or location of the urban planning operation to be carried out, well
as in the case of lacking the required instructional document that is indispensable to the
knowledge of the claim and the lack of which cannot be made officiously suppressed.
3-In the hypothesis provided for in the preceding paragraph, the applicant or communicant is
notified to, within 15 days, correct or complete the application by staying
suspended the ulterior terms of the procedure, under penalty of liminal rejection.
4-Within 10 days of the submission of the application or communication, the
chairman of the city hall may also provide dispatch of rejection
liminality, officiously or by appointment of the procedure manager, when of the
analysis of the instructing elements results that the request is manifestly contrary
to applicable legal or regulatory standards.
5-Non-occurring liminal rejection, or invitation to correct or complete the application or
communication, within the time specified in paragraphs 2 and 4, it is presumed that the application or
communication if they are correctly instructed.
6-Without prejudice to the provisions of the preceding paragraphs, the manager of the procedure shall
make it known to the mayor of the city hall, until the final decision, any
issue that prejudges the normal development of the procedure or prevents the
decision making on the subject matter of the application, namely the illegitimacy of the
applicant and the expiry of the right to be exercised.
7-Unless with respect to the consultations referred to in Article 13, if the final decision
depend on the decision of an issue that is the competence of another body
administrative or the courts, must the mayor of the city hall suspend the
procedure until the organ or the competent court has pronounced, notifying the
applicant of that act, without prejudice to the provisions of Article 31 (2) of the Code of the
Administrative Procedure.
8-Without prejudice to the provisions of the preceding paragraph, the person concerned may apply for
continuation of the procedure in alternative to suspension, by staying the final decision
conditioned, in its implementation, to the decision that comes to be delivered by the organ
administrative or competent court.
9-Havendo rejection of the application or communication, pursuant to this Article, the
interested that present new order or communication for the same end is
dispensed from putting together the previously used documents that remain
valid and suitable.
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10-The mayor can delegate to the councillors, with faculty
of subdelegation or in the leaders of municipal services, the skills referred to
in paragraphs 1 a to 4 and the following number.
11-When it occurs that the urbanistic operation to which it respects the application or
communication does not integrate into the type of procedure indicated, the applicant or
communicant is notified, within 15 days of the submission of that
application, for the following effects:
a) In the event that the indicated procedure is simpler than the applicable one,
to, in 30 days, declare if it intends for the procedure to proceed in the
legally intended form, and should, if so, and in the same time frame,
join the elements that are in short supply, under penalty of dismissing the
request;
b) In the event that the indicated procedure is more demanding than the applicable one,
take notice of the officious conversion of the procedure to the form
legally provided for;
c) In the event that the urban planning in question is waived on leave or
prior communication, take notice of the extinction of the procedure.
Article 12.
[...]
The application for licensing or prior planning communication of urban planning, must
be advertised in the form of notice, according to the model approved by the portaria of the
member of the Government responsible for spatial planning, to be placed at the site of
execution of the operation in a visible manner from the public route, within 10 days of the
presentation of the initial application or communication.
Article 13.
Consultation with external entities
1-A consultation with entities which, under the law, should issue opinion, authorization
or approval on the application is promoted by the procedure manager and is carried out
simultaneous, through the informatics system provided for in Article 8.º-A.
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2-In the cases provided for in the following article, the manager of the procedure communicates the
request, with the identification of the entities to be consulted, to the CCDR.
3-The external entities to the municipality pronounced exclusively in the framework
of your assignments and competences.
4-Consulted entities must pronounce no later than 20 days from the date
of making available the process.
5-There is considered to be concordance from those entities with the pretension formulated
if the respective opinions, authorisations or approvals are not received within
of the time limit set in the preceding paragraph.
6-The opinions of the entities outside the municipality only have binding character
when such a result of the law, as long as it is founded on legal conditionings or
regulatory and are received within the time frame.
7-Are fixed in own diploma the projects of specialty engineering and the
technical certifications that lack consultation, approval or opinion, internal or
external, as well as the terms in which they take place.
Article 14.
[...]
1-Any interested may ask the city hall, in advance, for information
on the feasibility of carrying out certain urbanistic or joint operation of
directly related urbanistic operations, as well as on the respective
legal or regulatory constraints, particularly relating to below-
structures, administrative servitude, and public utility constraints, indexes
urbanistic, cércees, departments and too much conditioners applicable to the pretension.
2-When the application respects the operation of lotement, in area not covered by
plan of detail, or the construction, extension or alteration work in area no
covered by detail plan or loteeing operation, the person concerned may
require the prior information to specifically take into account the following aspects,
as a function of the intended information and the elements presented:
a) The volumetric, alignment, cércea, and implantation of the edification and the walls
of gasket;
b) [...];
c) [...];
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d) [...];
e) [...];
f) Ceding areas aimed at the implantation of green spaces,
equipment for collective use and road infrastructure.
3-[...].
4-[...].
Article 15.
[...]
In the context of the prior information procedure there is room for external consultations in the
terms of Articles 13, 13-A and 13-B, to entities whose opinions, authorizations or
approvals conditional, in the terms of the law, the information to be provided, where such
consultation should be promoted in an eventual application for licensing or presentation
of prior communication.
Article 16.
Decision
1-A The municipal chamber decides on the request for prior information within 20
days or, in the case provided for in Article 14 (2), within 30 days counted from:
a) From the date of receipt of the application or the elements requested pursuant to the
n Article 11 (3); or
b) [...];
c) [...].
2-[...].
3-A city hall indicates always, in the favourable information, the procedure of
prior control to which it is subject to the realization of the urbanistic operation
designed, in accordance with the provisions of Section I of Chapter II of this diploma.
4-[...].
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Article 17.
[...]
1-A favourable prior information links the competent entities in the decision on
an eventual application for the licensing or submission of prior communication of the
urbanistic operation to which it respects and, when handed down in the terms of the nº.2 of the article
14., shall have the effect of the subjection of the urbanistic operation concerned, to be carried out in the
exact terms that was appreciated, to the regime of prior communication and dispensation to
realisation of new external consultations.
2-The possible application for licensing or submission of prior communication
provided for in the preceding Article shall be carried out within one year after the decision
favourable request for prior information and, in the case of planned in the final part of the n.
1, it is accompanied by statement by the authors and coordinator of the projects that the
urbanistic operation respects the constant limits of the decision of the information.
3-Elapsed the time limit set in the preceding paragraph, the particular may apply to the
speaker of the chamber the statement that they hold the assumptions of fact and of
right that led to the previous favourable decision, and should the same decide on the deadline
of 20 days and running new deadline of one year to make the submission of applications
of licensing or prior communication if the assumptions remain or if
the mayor of the city hall has not responded within the legally foreseen time frame.
4-Do not suspend the licensing procedures or prior communication
required or presented with support in prior information in the areas to be covered
by new urbanistic rules, municipal or special plan constants of
spatial planning or its review, as of the date set for the beginning of the
public discussion and up to the date of the entry into force of that instrument.
Article 18.
[...]
1-[...].
2-[ Revoked ].
Article 19.
[ Revoked ]
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Article 20.
[...]
1-A appreciation of the design of architecture, in the case of application for licensing
relating to works provided for in points c) , d) , e) , f) and g) of Article 4 (2), focuses
on their compliance with municipal planning plans in the territory,
special plans for spatial planning, preventive measures, area of
priority urban development, priority construction area, servitude
administrative, public utility restrictions and any other legal standards and
regulatory for the exterior aspect and the urban and landscape insertion of the
edifices, as well as on the proposed use.
2-[...].
3-[...]:
a) From the date of receipt of the application or the elements requested pursuant to the
n Article 11 (3); or
b) [...];
c) [...].
4-The person concerned shall present the engineering projects of the specialties
necessary for the implementation of the work within six months of the notification of the act
which approved the draft architecture, if it did not submit such projects
with the initial application.
5-[...].
6-A lack of presentation of the projects of specialty engineering on the deadline
set out in paragraph 4, or in that which result from the extension granted in the terms
of the preceding paragraph, implies the suspension of the licensing process for the period
maximum of 6 months, finishes which is declared to lapse after prior hearing of the
interested.
7-[ Revoked ].
8-The statements of responsibility of the authors of the projects of the engineering of
specialties that are enrolled in public association constitute guarantee
quite a lot of compliance with the legal and regulatory standards applicable to the
projects, excluding their prior assessment, saved when the statements are
formulated in accordance with Article 10 (5).
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Article 21.
[...]
The appreciation of the loteeing projects, works of urbanization and the work of
remodelling of land by the municipal chamber focuses on its compliance with
municipal land-use planning plans, special planning plans
territory, preventive measures, priority urban development area, area of
priority construction, administrative servitude, public utility constraints and
any other applicable legal and regulatory standards, as well as on the use and
urban and landscaping integration.
Article 22.
Public consultation
The municipalities may determine, by means of municipal regulation, the preview
subject to public discussion of the licensing of loteing operations with
significant urbanistic relevance.
Article 23.
[...]
1-[...]:
a) [...];
b) [...];
c) Within 45 days, in the case of works provided for in points (c) and (d), and (f), (f) and
(g) of Article 4 (2);
d) [ Revoked ].
2-[ Revoked ].
3-The time limits provided for in points a) and b) of paragraph 1 count as of:
a) From the date of receipt of the application or the elements requested pursuant to the
n Article 11 (3);
b) [...];
c) [...].
20
4-[...]:
a) From the date of the presentation of the projects of specialty engineering or
of the date of the approval of the draft architecture, if the person concerned has
presented together with the initial application; or
b) When there is the consultation of external entities, as of the date of the
receipt of the last of the opinions, authorizations or approvals; or still
c) [...].
5-[...].
6-In the case of the works provided for in points c), d) and e) of Article 4 (2), the chamber
municipal may, the application of the person concerned, approve a partial permit for
construction of the structure, immediately after the delivery of all the projects of the
specialty engineering and provided that the approved project is approved
architecture and provided surety for demolition of the structure to the floor of smaller quota
in case of improper.
7-[...].
Article 24.
[...]
1-[...].
2-When the application for licensing is for the purpose of carrying out the operations
urbanities referred to in points a) a c) , d) , e) and g) of Article 4 (2), the
improper may still take place on the grounds of:
a) The urbanistic operation negatively affects the archaeological heritage,
historical, cultural or landscaped, natural or edited;
b) The urbanistic operation is demonstrably an overload
importable to existing general infrastructure or services or
imply, for the municipality, the construction or maintenance of equipment, the
carrying out work or the provision of services by this unforeseen,
specifically as for wastewater and water supply networks, from
electrical or sanitation energy.
3-[ Revoked ].
4-When the application for licensing is for the purpose of carrying out the works
referred to in points c) and d) of Article 4 (2), may still be undue when the
21
work is likely to clearly affect the access and use of real estate
classified of national interest or public interest, the aesthetics of the stands, the
its proper insertion into the urban environment or the beauty of the landscapes,
in particular as a result of the disconformity with the dominant cércees, the
volumetric of the edifices and other prescriptions expressly provided for in
regulation.
5-The application for the graduation of the works referred to in the c) of Article 4 (2)
must be dismissed in the absence of washer or infrastructure from
water supply and sanitation or if the projected work constitutes,
demonstrably, an unbeatable overload for existing infrastructures.
6-[ Revoked ].
Article 25.
[...]
1-When there is draft decision to dismiss with the fundamentals
referred to in paragraph b) of paragraph 2 and in paragraph 5 of the preceding article, there may be deferrous of the
application provided that the applicant, at the prior hearing, is committed to carry out the
necessary work or to assume the burdens inherent in its implementation, as well as
operating charges for infrastructure for a minimum period of 10
years.
2-[ Revoked ].
3-In the event of a dewound pursuant to paragraph 1, the applicant shall, before the issue
of the alvshall, to conclude with the municipal chamber contract concerning compliance with the
obligations assumed and to provide adequate collateral, benefiting from reduction
proportional or exemption from the fees for realization of urbanistic infrastructure, in the
terms to be fixed in municipal regulation.
4-[...].
5-[...].
6-[...].
22
Article 27.
[...]
1-A The application of the person concerned, the terms and conditions of the person may be changed
license.
2-[ Revoked ].
3-Without prejudice to the provisions of Article 48, the amendment of the operating licence of
lotion cannot be approved if written opposition from most of the
owners of the constant lots of the alvshall, and shall, to the effect, the manager of
procedure to proceed to your notification for pronunciation within 10 days.
4-[...].
5-[...].
6-In the procedure of the amendment are used the documents set out in the
process that will remain valid and appropriate, promoting the city hall,
when necessary, the update of them.
7-A amendment of the licence gives way to addition to the alvshall, which, in the case of operation
of loosing, shall be communicated officiously to the conservatory of the predial register
competent for the purpose of averaging, containing the communication the elements in
that translates to change.
8-The changes to the loteeing permit, with or without variation in the number of lots,
that translates into the variation of the deployment or construction areas by 3%,
as long as they do not imply increase in the number of fires, change of parameters
urbanistics or constant uses of municipal planning of planning
territory, are approved by simple deliberation of the city hall, with dispensation
of any other formalities, without prejudice to the other legal provisions and
applicable regulations.
9-Except for the provisions of paragraphs 3 a to 6 the changes to the conditions of the licence that
to refer to the deadline for completion of the licensed urban planning operations or the
amount of the surety for guarantee of the urbanization works, which are governed by the
articles 53, 54 and 58.
Article 28.
[ Revoked ]
23
Article 29.
[ Revoked ]
Article 30.
[ Revoked ]
Article 31.
[ Revoked ]
Article 33.
[ Revoked ]
Article 35.
[...]
1-A The prior communication is addressed to the mayor of the city hall,
accompanied by the instructory elements set by the porterie referred to in para.
4 of Article 9, of a term of liability pursuant to Art. 10 and of the
specifications as referred to in Article 77 (1), with the effects provided for in its
n. 3.
2-The urban planning operations carried out under prior communication shall
observe the legal and regulatory standards that are applicable to them,
specifically the instrument constants of territorial management and the standards
construction techniques.
Article 36.
Rejection of prior communication
1-Without prejudice to the provisions of Article 11, within 20 days of the delivery
of the communication and too much of the elements referred to in the previous article, the Chairman of
city hall must reject communication when it veris that the work violates the
applicable legal and regulatory standards, specifically the plan constants
municipal land-use planning, or the technical standards of construction in
24
vigour, or violates the existing terms of prior information.
2-The time frame specified in the preceding paragraph is 60 days when consultation is taken place
external entities.
Article 37.
[...]
1-The urban planning operations referred to in Article 4 and 6 whose project, pursuant to the
special applicable legislation, lack of approval from the central administration,
notably those relating to industrial ventures, establishments
commercials, precincts of public performances and amusements and those that take place
in rated real estate or in sorting routes and their respective areas of
protection are also subject to prior licence or communication, pursuant to the
provisions of this diploma.
2-Unless the provisions of special law, the municipal bodies may not approve
prior favorable information, nor to defer requests for leave or communications
previeways concerning urban planning operations provided for in paragraph 1, without the applicant
present document proving the approval of the central administration.
3-The deadlines for the city hall to decide on requests for information
prior, of licence or prior communication to urban planning operations provided for in paragraph 1
count as from the date of delivery by the applicant of the document referred to in the
previous number.
Article 39.
Prior authorization of location
Where the works are located in area that in the terms of plan of urbanization,
details plan or permit or prior loteing communication in force is
expressly affects the proposed use, the prior authorization of
location that, under the law, should be issued by the organs of the
central administration, without prejudice to the remaining permits or approvals required
by law relating to administrative servitude or restrictions of public utility.
25
Article 40.
[R] evogated ]
SECTION III
Special conditions of licensing or prior communication
Article 42.
Opinion of the Commission for Coordination and Regional Development
1-The licensing of loteeing operation that takes place in area not covered
by any municipal planning of land use planning is subject to opinion
favorable advance of the CCDR to which it applies with the necessary adaptations o
provisions of Article 13 (4) and 5.
2-The opinion of the CCDR is intended to evaluate the loteeing operation of the point of
view of the spatial planning and to check its articulation with the instruments
of territorial development provided for in the law.
3-The CCDR's opinion lapses within two years, unless, within that time limit,
it is licensed the operation of lotement, or, once sold out, do not exist
changes in the assumptions of fact and law in which the opinion is founded.
4-[...].
Article 43.
[...]
1-[...].
2-The parameters for the dimensioning of the areas referred to in the preceding paragraph
are those that are defined in municipal planning of spatial planning.
3-[...].
4-[...].
26
Article 44.
[...]
1-The owner and the remaining royal rights holders about the building loom cedem
free of charge to the municipality the plots for deployment of public green spaces
and equipment for collective use and infrastructure which, in accordance with the law and
the prior license or communication, should integrate the municipal domain.
2-For the purposes of the preceding paragraph, the applicant shall mark the areas of
ceding to the municipality in plant to deliver with the application for licensing or
prior communication.
3-Land parcels ceded to the municipality integrate into the municipal domain
with the issuance of the alvshall, or, in the situations provided for in Article 34, through
instrument of its own to be carried out by the municipal chamber's privative notary on the deadline
provided for in Article 36 (1), owing to the municipal chamber to define at the time of
receipt of the parcels allocated to the public and private domains of the municipality.
4-[...].
Article 45.
[...]
1-[...].
2-[...].
3-[...].
4-The plots which, in accordance with paragraph 1, have reverted to the transferor stay
subject to the same purposes to which they are supposed to be affected when they are yielding,
save when dealing with parcel to be allocated to the equipment of collective use,
owing in such a case it is to affect the green space, proceeding still to the averaging
of that fact in the respective alvshall and integration in the admission of prior communication.
5-[...].
6-Havendo real estate built in the reversed installment, the court can order its
demolition, the application of the transferor, pursuant to the terms set out in Articles 37 and
following of Law No. 15/2002 of February 22.
7-[...].
8-[...].
27
9-[...].
Article 47.
[...]
1-The principles to which they should subordinate the administrative contracts of
granting of the municipal domain referred to in the previous article are established
in a diploma of its own, in which the rules to be observed in regard to the term of
effective, content of the right of deprivative use, obligations of the concessionaire and the
municipality in connection with the realization of works, provision of services and maintenance of
infrastructure, guarantees to be provided and modes and terms of the kidnapping and termination.
2-A use of the areas granted in the terms of the previous number and the implementation
of the respective contracts are subject to the supervision of the municipal chamber, in the
terms to be established in the diploma referred to therein.
3-The contracts referred to in the preceding paragraph shall not, under penalty of nullity of the
respective clauses, prohibit the access and use of the space concessionated by part
of the public, without prejudice to the limitations to such access and use that are admitted
in the diploma referred to in paragraph 1.
Article 48.
[...]
1-The conditions of the licence or prior communication of loteeing operation
may be amended on the initiative of the city hall, provided that such an amendment is
show necessary for the implementation of municipal planning of spatial planning, plan
special of spatial planning, area of priority urban development,
priority construction area or critical area of recovery and conversion
urbanistic.
2-[...].
3-A The deliberation referred to in the preceding paragraph shall be preceded by the prior hearing of the
holder of the alvshall or communication and too much interested, who have the deadline of 30
days to speak out on the draft decision.
4-[...].
28
Article 49.
[...]
1-In the headings of snatching or other court documents, as well as in the
instruments relating to acts or legal business of which it results, direct or
indirectly, the constitution of batches pursuant to Article 2 (i), without
prejudice to the provisions of Articles 6 and 7, or the transmission of lots legally
constituted, shall appear the number of the alvshall or of the prior communication, the date of the
its issuance or admission by the city hall, expiry date and the certificate of the
predial record.
2-[...].
3-[...].
4-[...].
Article 50.
Fractionation of rustic buildings
1-When fracking of rustic buildings applies the willing in the Decrees-Laws n. ºs
384/88, of October 25, and 103/90, of March 22.
2-The legal business of which results the fractionation or division of buildings
rustics are communicated by the intervening parties to the municipal chamber of the site of the
situation of the buildings, which promotes the communication of the same to the Institute
Portuguese Geographical.
3-[...].
Article 51.
Registral information
1-The conservative of the predial register refers monthly to the CCDR, up to the day 15 of
each month, copy of the elements relating to loteeing operations and respective
attachments whose records have been required in the previous month.
2-[ Revoked ].
29
Article 52.
[...]
In advertising to the disposal of lots of land, of buildings or autonomous fractions
in them built, under construction or to build, it is mandatory to mention the number
of lotement or prior communication and the date of its issuance or
admission by the municipal chamber, as well as the respective shelf life.
Article 53.
[...]
1-With the deliberation provided for in Article 26 or by means of municipal regulation
in the situations provided for in Article 34, the competent body for the licensing of the
works of urbanization establishes:
a) The conditions to be observed in the execution of the same, where the
compliance with the provisions of the scheme for the management of construction waste and
demolition on them produced, and the deadline for completion;
b) [...];
c) [...].
2-In the situations provided for in Article 34, the term of implementation shall be as fixed by the
interested, and may not, however, exceed the limits set by
municipal regulation.
3-The deadline set out in accordance with paragraph 1 (a) and paragraph 2 may be
extended the reasoned application of the person concerned, for a single time and by
period not more than half of the initial term, when it is not possible to complete the
works within the time frame for the established effect.
4-[ Previous Article No 3 ].
5-The time limit referred to in paragraph 2 may still be extended as a result of amendment
of the license or prior communication admitted.
6-A extension of the term in the terms referred to in the preceding paragraphs does not give way
to the issue of new alvshall not to the presentation and admission of new communication
prior, and should be averaged in the existing alvwill or communication.
30
7-The conditions of the license or prior communication of urbanization works may
be amended on the initiative of the city hall, in the terms and with the fundamentals
set out in Article 48 para.
Article 54.
[...]
1-The applicant or communicant provides collateral designed to ensure the good and regular
execution of the urbanization works.
2-A The surety referred to in the preceding paragraph shall be provided in favour of the city hall,
upon autonomous bank guarantee to the first solicitation, mortgage on goods
real estate owned by the applicant, deposit in cash or insurance-collateral, owing
record of the title itself that the same is subject to updating pursuant to paragraph 4
and holds valid until the final reception of the urbanization works.
3-The amount of the surety is equal to the constant value of the budgets for execution
of the projects of the works to be implemented, eventually corrected by the city hall
with the issue of the licence, to which an amount may be increased, not more than 5%
of that value, intended to remunerate administration charges if it shows
necessary to apply the provisions of Articles 84 and 85.
4-The amount of the surety shall be:
a) [...];
b) Reduced, on the same terms, in compliance with the progress of the
work on the application of the person concerned, which must be decided on the deadline of
15 days.
5-[...].
6-The reinforcement or reduction of the surety, pursuant to paragraph 4, does not give way to the issuance of
new alvshall or the presentation and admission of new communication.
Article 55.
[...]
1-[...].
2-[...].
3-[...].
31
4-When there is place to the celebration of contract of urbanization, it will make mention
in the alvshall or communication.
5-Together with the initial application, communication and at any time of the
procedure up to the approval of the urbanization works, the interested can
present proposal for an urbanization contract.
Article 56.
[...]
1-The person concerned may apply for the execution by stages of the urbanization works,
identifying the works included in each phase, the corresponding budget and the
deadlines within which it is proposed to apply for the respective licence.
2-The application referred to in the preceding paragraph shall be submitted with the application
of loosening licensing, or, when the urbanization works do not integrate
in the operation of lotement, with the application for licensing of them.
3-[...].
4-[...].
5-[...].
6-When it deals with operation carried out under prior communication, the
interested identifies in the communication the phases in which it intends to proceed
of the urbanization works, applying with the necessary adaptations the willing n. ºs
1, 2 and 3.
Article 57.
[...]
1-A fixed city hall the conditions to be observed in the execution of the work with the
deferral of the application for the licensing of the works referred to in points c) , d) and e) from the
n Article 4 (2), and by means of municipal regulation for the works provided for in the
points c) a h) of Art. 6 (1), and shall safeguard compliance with the
provisions of the scheme for the management of construction and demolition waste.
2-The conditions relating to the occupation of the public route or the placement of tapumes and
gaskets are established upon proposal of the applicant, which, in the situations
provided for in points c) a h) of Article 6 (1), shall accompany the communication
32
prior, may not the city chamber amend them but on grounds of the
violation of applicable legal or regulatory standards, or in the need of
articulation with other planned or existing occupations.
3-[...].
4-A prior communication for works in area covered by loteeing operation
cannot take place prior to the provisional reception of the respective urbanization works
or of the provision of collateral referred to in Article 54.
5-The provisions of Article 43 shall apply to the licensing procedures or the
prior communication of the works referred to in points c) , d) and e) of Article 4 (2),
as well as those provided for in points c) , d ), e) and f) of Article 6 (1), when
respect contiguous and functionally connected buildings with each other, which determine,
in urbanistic terms, impacts similar to a loteing operation, nos
terms to be defined by municipal regulation.
6-The provisions of Article 44 (4) shall apply to the licensing procedures
or prior communication of the works referred to in points c) , d) and e) of the n. 2 article
4, as well as those provided for in points c) , d) , and ), and f) of Article 6 (1) when the
operation behold the creation of areas of viaria and pedonal circulation, green spaces
and privately used equipment.
7-The provisions of the preceding paragraph shall also apply to the procedures of
prior communication of the urban planning operations provided for in points d) and e) of paragraph 1
of Article 6, provided that it is planned to be carried out in area not covered by
lotion operation.
Article 58.
[...]
1-A fixed municipal chamber, with the deferral of the application for the licensing of the
works referred to in points c) a g ) of Article 4 (2), the term of implementation of the work,
in accordance with the schedule proposed by the applicant.
2-In the situations provided for in points c) a h) of Article 6 (1), the term of
execution is that fixed by the person concerned, and may not, however, exceed the limits
fixed by municipal regulation.
3-The time limits referred to in the preceding paragraphs begin from the date of issue
of the respective alvshall, of the date of payment or deposit of the fees or the collateral
33
in the situations provided for in Article 113, or of the end of the period referred to in paragraph 1 of the
article 36, in the preview of prior communication.
4-The deadline for the completion of the work may be changed by reason of interest
public, duly substantiated, in the act of deinjury referred to in paragraph 1
or, in the situation provided for in paragraph 2, by the end of the period provided for in Article 36 (1).
5-When it is not possible to complete the works at the planned time, this may be
extended, the reasoned application of the person concerned, for a single time and by
period not more than half of the initial term, save the provisions of the figures
following.
6-When the work finds itself in phase of finishes, it may the mayor
municipal, the reasoned application of the person concerned, grant new extension,
upon payment of an additional at the rate referred to in Article 116 (1), of
amount to be fixed in municipal regulation.
7-The deadline set in the terms of the previous figures may still be
extended as a result of the change in the licence, as well as the submission of
amendment to the projects submitted with the admitted prior communication.
8-A extension of the term in the terms referred to in the preceding paragraphs does not give way
to the issue of new alvshall not to the presentation and admission of new communication
preview, owing only, to be in these averse.
9-[...].
Article 59.
[...]
1-The applicant may opt for the phased implementation of the work, owing to the effect, in
case of urbanistic operation subject to licensing, identify in the project of
architecture the work included in each of the phases and indicate the deadlines, the
count of the date of approval of that project, in which it is proposed to apply for approval
of the projects of specialty engineering relative to each of these phases,
may the municipal chamber set different deadlines on grounds of public interest
duly reasoned.
2-[...].
3-[...].
4-[...].
34
5-[ Revoked ]
6-[...].
7-When dealing with urbanistic operation subject to prior communication, the interested
identifies in communication the phases in which it intends to undertake the execution of the work,
applying with the necessary adaptations to the provisions of the n. paragraphs 1 and 2.
Article 60.
[...]
1-[...].
2-A licence or admission of prior communication of reconstruction works or of
alteration of the buildings may not be refused on grounds of legal standards
or regulatory supervenient to construction originating, provided that such works do not
originate or aggravate disconformity with the standards in force, or have as
result the improvement of the conditions of safety and salubrity of the edification.
3-Without prejudice to the provisions of the preceding paragraphs, the law may impose conditions
specific to the exercise of certain activities in edifices already assigned to such
activities under the previous right, as well as conditioning the implementation of the
works referred to in the number preceding the carrying out of the ancilishing works which
show necessary for the improvement of the conditions of safety and salubrity of the
edification.
Article 61.
Identification of the technical director of the work
The holder of the building permit and the presenting of the prior communication stay
required to affix on a plate in imperishable material on the exterior of the building, or
recording in one of its exterior elements, the identification of the technical director of the
work and the author of the architecture project.
35
Article 62.
[...]
1-A The permit for use of buildings or their autonomous fractions is intended for
check the compliance of the completed work with the approved project and with the
conditions of the licensing or prior communication.
2-A permission, when there is no place for the realization of works or when dealing with
alteration of the use or permission of renting for non-housing purposes
of unlicensed buildings or fractions, in accordance with Article 5 (4) of the Decree-
Law No. 160/2006 of August 8, is intended to verify the conformity of the use
provided with the applicable legal and regulatory standards and the suitability of the building
or its autonomous fraction for the intended purpose.
Article 63.
[...]
1-The application for a permit for use shall be instructed with a term of
liability subscribed by the authors of the work project and the director of
labor surveillance, in which those must declare that the work has been performed of
agreement with the approved project and with the conditions of the licence or communication
prior to and, where appropriate, that the changes made to the project are in
compliance with the legal and regulatory standards that are applicable to you.
2-The application for permission under the terms set out in paragraph 2 of the preceding Article shall be
instructed with an end of responsibility subscribed by person enabled to be author
of project under the scheme of the professional qualification of the responsible technicians
by the drafting and underwriting of projects.
Article 64.
Grant of the authorisation of use
1-A permission for use is granted, within 10 days of the
receipt of the application, on the basis of the term of liability referred to in the
previous article, saved in the situation provided for in the following number.
2-The mayor of the city hall, officiously or at the request of the manager of the
36
procedure and within the time specified in the preceding paragraph, determines the achievement of
survey, to be carried out in the terms of the following article, when you check any of the
following situations:
a) The application for a permit for use shall not be instructed with the term of
liability provided for in the previous article;
b) There are serious indications, particularly on the basis of the elements
constants of the process or the book, to be realized in the order that
determines the survey, of which the work is found to be in disconformity with the
respective project or established conditions.
c) Dealing with the authorisation provided for in Article 62 (2), there are indications
serious that the building, or its autonomous fraction, is not idoneo for the end
intended.
Article 65.
[...]
1-A survey takes place within 15 days of the decision of the President of the
chamber referred to in paragraph 2 of the preceding article, where possible on a date to date
waking up with the applicant.
2-A survey is carried out by a commission composed, at a minimum, by three technicians,
to be designated by the city hall, of which at least two must have habilitation
legal to be project author, corresponding to the object of survey, according to the
scheme of the professional qualification of the technicians responsible for drafting and
underwriting of projects.
3-A date of conduct of survey is notified by the city hall to the applicant
of the permission of use, which may make you follow up with the authors of the
projects and the technician responsible for the technical direction of the work, which participate, without
right to vote, in the survey.
4-The findings of the survey are compulsorily followed in the decision on the
application for authorization.
5-In the case of the imposition of alteration works arising from the survey, the issuance of the
authorization required depends on the verification of the proper realization of these works,
by new survey to be applied for by the person concerned, which must elapse within the period of
15 days from the respective application.
37
6-Not being the survey carried out in the time limits referred to in paragraphs 1 or 5, the applicant
may request the issuance of the title of permission to use, by
presentation of the demonstrator of the application of the same in accordance with Rule 63.
or from the previous number, which is issued within 5 days and without the prior realization
of vistoria.
Article 66.
[...]
1-In the case of buildings consisting of horizontal property regime, the
authorization may have by object the building in its entirety or each of its
autonomous fractions.
2-[...].
3-[...].
4-The provisions of paragraphs 2 and 3 shall apply, with the necessary adaptations, to the buildings
compounds by units susceptible to independent use that are not
subject to the regime of horizontal property.
SECTION IV
Validity and effectiveness of acts of licensing, admission of prior communication or
authorization to use
Article 67.
[...]
The validity of licences, admission of prior communications or authorizations of
use of urban planning operations depends on their compliance with the standards
legal and regulatory applicable in force at the date of its practice, without prejudice to the
provisions of Article 60 para.
38
Article 68.
Nulities
They are void of licences, admission of prior communications or authorizations of
use provided for in this diploma that:
a) Violate the provisions of municipal planning of spatial planning, plan
special of spatial planning, preventive measures or leave of absence
lotement in force;
b) [...];
c) [...].
Article 69.
Participation, special administrative action and declaration of nullity
1-The generative facts of the nullities provided for in the previous article and any other
facts that it may result in the unvalidity of the administrative acts provided for in the
present diploma must be participated, by whom they have knowledge, to the
Prosecutor's Office, for the purpose of purposeful of the competent administrative action
special and respective procedural means accessory.
2-When it has for the purpose of acts of licensing, admission of communication
prior use or authorizations of use on the grounds of any of the invalidities
provided for in the previous article, the citation to the licence holder, prior communication or
authorizations of use to challenge the action referred to in paragraph 1 has the effects
provided for in Article 103 for the embargo, without prejudice to the provisions of the number
next.
3-The court may, officiously or at the request of the concerned, authorize the
further proceedings should be continued if the appeal results hints of illegality of its
interposition or its improvenance, and the judge shall decide this matter, when the
it there is place, within 10 days.
4-A the possibility of the organ that issued the act or deliberation declaring the nullity
lapses within 10 years, also lapsing the right to propose the planned action
in paragraph 1 if the facts that have determined the nullity are not participated in the
Prosecutor's Office at that time, except for national monuments and
respective buffer zone.
39
Article 70.
[...]
1-The municipality responds civilly for the damage caused in the event of a revocation,
cancellation or declaration of nullity of licences, admission of communications
preconditions or authorizations of use whenever the cause of revocation, cancellation or
declaration of nullity results from an unlawful conduct of the holders of their organs or
of your employees and agents.
2-[...].
3-[...].
4-[...].
SUBSECTION II
Expiry and revocation of the licence or admission of prior communication
Article 71.
[...]
1-A licence or admission of prior communication for the realization of operation of
loteeing lapse if:
a) No permission is required for the realization of the respective works of
urbanization within one year of the notification of the act of
licensing, or, in the preview of prior communication, is not presented
prior communication for the realization of urbanization works within the period of
one year from the admission of that; or if
b) [...].
2-A licence or admission of prior communication for the carrying out of operation of
loosing that does not require the realization of urbanization works, as well as the license
for the realization of the urban planning operations provided for in points b ) a e) and g) of paragraph 2
of Article 4 lapses if, within one year of the notification of the act of
licensing or the admission of prior communication, no issuance is required
of the respective alvshall or initiated the works in the case of prior communication.
40
3-In addition to the situations provided for in the preceding paragraph, the licence or admission of
prior communication for the realization of the urban planning operations referred to in the number
previous, as well as the license or admission of prior communication for the realization
of loosing operation that requires the realization of urbanization works, lapse
still:
a) If the works are not started within nine months from the date of
issuance of the alvshall, of the period provided for in Article 36, or, in the cases provided for
in Article 113, of the date of payment of the fees, their deposit or the
guarantee of your payment;
b) If the works are suspended for period longer than six months, save if
the suspension taking place in fact not attributable to the holder of the licence or
admission of prior communication;
c) [...];
d) If the works are not completed within the time limit set in the licence or
prior communication or its extensions, counted from the date of
issuance of the alvshall or of the time limit provided for in Article 36 (1);
e) [ Revoked ].
4-[...]:
a) [...];
b) [...];
c) If you are unaware of the whereabouts of the holder of the respective licence or communication
preview without this there being indicated to the municipal prosecutor's office quite a
that the represent.
5-The lapses provided for in this Article shall be declared by the chamber
municipal, with prior hearing of the person concerned.
6-[...].
7-Treating license for the realization of loteeing operation or works
of urbanization, the expiry on the grounds provided for in paragraphs 3 and 4 does not produce
effects on batches for which there has already been approved application for
licensing for edifice works or has already been submitted communication
prior to the realization of these works.
41
Article 72.
[...]
1-The holder of licence or prior communication that there is lapse may require new
license or present new prior communication.
2-In the case referred to in the preceding paragraph, they will be used in the new process the
elements that have instructed the previous process, as long as the new requirement is
presented within 18 months from the date of expiry or, if this period
it is exhausted, there are no de facto and right changes that justify new
presentation.
3-[ Revoked ].
Article 73.
[...]
1-Without prejudice to the following number, the licence, the admission of
prior communication or authorizations of use can only be revoked in the
terms set out in the law for the constitutive acts of rights.
2-In cases referred to in Article 105 (2) to leave or the admission of
prior communication may be revoked by the municipal chamber passed the deadline
of six months from the expiry of the deadline set out in accordance with paragraph 1 of the
same article.
SUBSECTION III
Titles of urban planning operations
Article 74.
Title of licence, admission of prior communication and permission to use
1-The urbanistic operations subject to licensing are titled by alvshall, whose
issue is condition of effectiveness of the license.
2-A The admission of prior communication of urban planning operations is titrated by the
receipt of your presentation accompanied by the voucher of admission to the terms
of Article 36.
42
3-A The permit for use of the buildings is titled by alvshall.
Article 75.
[...]
It is incumbent upon the chairman of the city hall to issue the licence alvwill for the realization
of the urban planning operations, and may delegate this competence to the aldermen with
faculty of subdelegation, or in the leaders of municipal services.
Article 76.
[...]
1-The person concerned shall, within one year from the date of the notification of the act of
licensing or the authorization of use to apply for the issuance of the respective
alvará, presenting to the effect the elements provided for in the portaria approved by the
member of the Government responsible for spatial planning.
2-[...].
3-[...].
4-Without prejudice to the provisions of Articles 64 and 65, the alvshall shall be issued within the period of
30 days from the submission of the application provided for in the preceding paragraphs, or
of the receipt of the items referred to in Article 11 (3), provided that
show paid the fees due.
5-The application for the issue of alvshall may only be dismissed on the grounds of the
expiry, suspension, revocation, cancellation or declaration of nullity of the licence or
of the admission of prior communication or in the lack of payment of the fees referred to in
previous number.
6-The alvshall obeys a model type to be established by portaria approved by the
member of the Government responsible for spatial planning.
43
Article 77.
[...]
1-The loose-operating licence alvshall or urbanization works shall
contain, in the terms of the licence, the specification of the following elements, depending on
are applicable:
a) [...];
b) [...];
c) Identification of the acts of municipal bodies concerning the licensing of the
loosing operation and the urbanization works;
d) Framework of the urban planning operation in municipal plan of
Spatial planning in force, as well as in the respective unit of
execution, if any;
e) [...];
f) [...];
g) [...];
h) [...].
2-[...].
3-[...].
4-The licence alvshall for the realization of the urban planning operations to which they refer
the points b) a g) and l) of Article 2 shall contain, in the terms of the licence, the following
elements, depending on whether they are applicable:
a) Identification of the holder of the licence;
b) [...];
c) Identification of acts of municipal bodies concerning licensing
of the works or works;
d) [...];
e) The conditionings to which it is subject to leave;
f) [...];
g) [...];
h) [...];
i) The period of validity of the licence, which corresponds to the deadline for the
completion of the works or works.
44
5-The alvshall of permission for use relating to the use of building or its
fraction shall contain the specification of the following elements:
a) Identification of the holder of the licence;
b) [...];
c) [...].
6-The alvshall referred to in the preceding paragraph shall still be mentioned, when it is case
of this, that the building to which it respects fulfils the legal requirements for the constitution
of the horizontal property.
7-In the case of replacement of the licence alvate holder, the substitute shall owe this
make proof with the speaker of the chamber so that this will proceed to the respective
averaging within 15 days from the date of the replacement.
Article 78.
[...]
1-The holder of the alvshall shall promote, within 10 days after the issuance of the alvshall,
the affixing in the building object of any urbanistic operation of a warning, visible from the
exterior, which shall remain until the completion of the works.
2-A issuance of the looming licence allotted shall still be advertised by the
municipal chamber, within the time limit set out in paragraph 1, by:
a) Publication of notice in municipal bulletin and on the Internet page of the
Municipality or, when these do not exist, through edital to affix on the pits
of the county and in the seats of the freguish joints covered;
b) [...].
3-Compete to the member of the Government responsible for spatial planning
approving, by portaria, the model of the notice referred to in paragraph 1.
4-The notice provided for in the preceding paragraph shall be mentioned, as the cases may be, the
specifications laid down in the points a) a g) of paragraph 1 and a) a c) and f) a i) of the Article 4 (4)
77.
5-The provisions of the preceding paragraphs apply, with the necessary adaptations, to
situations subject to prior communication.
45
Article 79.
Cassation
1-The alvshall or the admission of prior communication is cassated by the President of the
city hall when it lapses the licence or admission of prior communication
or when these are revoked, annulled or declared void.
2-A cassation of the alvshall or the admission of prior loteeing communication is
communicated by the mayor of the municipal chamber to the conservatory of the predial register
competent, for the purpose of annotation to the description and cancellation of the registration of the
alvshall and prior communication.
3-With the communication referred to in the preceding paragraph, the Chairman of the chamber
municipal gives equally knowledge to the conservatory of the batches that meet
in the situation referred to in Article 71 (7), requiring this to be the partial cancellation
of the alvshall or of the admission of prior communication under the terms of the ( f) of paragraph 2 of the
Article 101 of the Code of the Predial Register and indicating the descriptions to be maintained.
4-[...].
5-A admission of prior communication is cassed through the averaging of cassation
to the information provided for in Article 36 (1).
Article 80.
[...]
1-A The execution of the works and works subject to licence pursuant to the present
diploma can only start after issued the respective alvshall, with the exception of
situations referred to in the following article and save the provisions of Article 113.
2-Works and works subject to the prior communication regime may start
in the terms of Article 36 (3).
3-[...].
4-Within 60 days of the commencement of work relating to the operations
urbanities referred to in points c) a e) of Article 4 (2) shall the promoter of the
work to present in the municipal chamber copy of the design of architecture and
of engineering the specialties.
46
Article 81.
[...]
1-When the licensing procedure there has been preceded by information
favourable preview that binds the city hall, may the mayor
municipal, at the request of the person concerned, allow for the execution of demolition work or
of excavation and peripheral containment up to the depth of the smaller quota floor, soon
after the sanitation referred to in Article 11, provided that escrow is provided for
reposition of the ground in the conditions under which it was found before the start of the
work.
2-[...].
3-[...].
4-[...].
5-[...].
Article 82.
[...]
1-The alvarás referred to in Article 77 (1) and (4), the admission of
prior communication of Article 36-A, as well as the notification referred to in paragraph 5 of the
previous article, constitute title quite a lot to instruct the applications for connecting the
water, sanitation, gas, electricity and telecommunication networks,
may the applicants choose, upon permission from the supplying entities, by the
realization of the works indispensable to its realization in the conditions
regulatory and techniques defined by those entities.
2-Up to the presentation of the alvshall of permission to use, the links referred to in
previous paragraph shall be carried out by the deadline set in the respective alvshall or in the
admission of prior communication and may only be extended by the period
corresponding to the extension of that period, save in cases where that alvshall
there has not been issued for reasons exclusively attributable to the city hall.
3-[...].
4-In the cases referred to in Article 6 (3), the applications for a connection are instructed
with copy of the receipt of the submission of prior communication and its admission and if
necessary the compatibilization of projects with existing infrastructures, or the
47
its realization in the case of non-existence, these will be promoted by the entity
prescarer or by the applicant, pursuant to the final part No 1.
Article 83.
[...]
1-Changes can be carried out in the project, by communication
prior to the terms set out in articles 35, provided that such communication is
carried out in advance necessary for the works to be completed before
of the submission of the application referred to in Article 63 (1).
2-Can be carried out without dependence on prior communication to the chamber
municipal the changes in works that do not correspond to works that were
subject to prior licensing.
3-The changes in work to the project initially approved or submitted that
involve the realization of magnification works or changes to the deployment of the
editions are subject to the procedure laid down in Articles 27 or 35,
depending on the cases.
4-In the situations provided for in the preceding paragraphs only the
instructory elements that have undergone changes.
Article 84.
[...]
1-Without prejudice to the provisions of this diploma in respect of suspension,
expiry of the licences, authorisations or the admission of prior communication, or of
cassation of the respective alvarás, the municipal chamber, for safeguarding the
cultural heritage, the quality of the urban and the environment, safety
of the edifices and the general public or, in the case of urbanization works, also
for protection of interests of third party purchasers of lots, may promote the
realization of the works on account of the holder of the alvshall or the present of the
prior communication when, because it is attributable to the latter:
a) They have not been initiated within one year from the date of issue
of the alvshall or of the time limit set out in Article 36 (1);
b) [...];
48
c) [...];
d) [...].
2-[...].
3-[...].
4-As soon as it shows repaid of the expenses incurred pursuant to the present
article, the city hall carries out the lifting of the embargo that may have been
enacted or, when it deals with works of urbanization, it emits officiously alvshall alvt,
competing with the speaker of the chamber to give notice of the respective deliberations,
where appropriate, to the regional direction of the environment and planning
territory and the conservative of the predial register.
Article 85.
[...]
1-[...].
2-[...]:
a) Copy of the alvshall or prior communication and its admission;
b) [...];
c) [...].
3-Before deciding, the court notifies the municipal chamber, the holder of the alvshall or the
present the prior communication to respond within 30 days and orders the
realization of the representations that it understands useful for the knowledge of the application,
particularly the judicial inspection of the site.
4-[...].
5-In the absence or insufficiency of the surety, the court determines that the costs are
supported by the municipality, without prejudice to the right of return of this on the holder
of the alvshall or the presentable of the prior communication.
6-[...].
7-[...].
8-[...].
9-A municipal chamber emits officialshall alvate for execution of works by
third, competing for your president to give knowledge of the respective
deliberations to the regional direction of the environment and land use planning and the
conservative of the predial register, when:
49
a) [...];
b) [...].
Article 86.
[...]
1-Completed the work, the owner of the same is obliged to undertake the lifting of the
shipyard, cleaning of the area, according to the regime of waste management of
construction and demolition on it produced, and to the repair of any damage or
deteriorations that it has caused in public infrastructure.
2-Compliance with the provisions of the preceding paragraph shall be a condition of the issuance of the alvshall
of permission to use or the provisional reception of the urbanization works,
save when it has been provided, in time to be fixed by the city hall, collateral
for a guarantee of the execution of the operations referred to in the same number.
Article 88.
Unfinished works
1-When the works have already reached an advanced state of execution but the
license or the admission of prior communication there is lapsed, may be required to
grant of special leave for its completion or be submitted communication
preview for the same effect.
2-A The granting of the special licence and the submission of the prior communication referred to
in the preceding paragraph follows the procedure laid down in Articles 27 or 35, depending on
the case, applying the provisions of Article 60.
3-You may be granted the licences or admitted to the communications provided for in the n.
1 or submitted prior communications when the city hall recognizes the
interest in the completion of the work and do not show advisable the demolition of the same,
for environmental, urbanistic, technical or economic reasons.
4-In the case of prior communication the recognition of interest in the completion of the
work takes place through non-rejection by the municipal chamber of communication, by
reference to the fundamentals of the preceding paragraph, within the time limit set out in paragraph 1 of the
article 36 para.
50
Article 89.
[...]
1-The buildings are to be the subject of conservation works at least once
in each eight-year period, owing to the owner, regardless of that
deadline, carry out all the necessary works for the maintenance of your safety, salubrity
and aesthetic arrangement.
2-Without prejudice to the provisions of the preceding paragraph, the city hall may at all
time, officiously or the requirement of any interested party, determine the
implementation of conservation works necessary for the correction of poor conditions of
safety or of salubrity or the improvement of the aesthetic arrangement.
3-[...].
4-[...].
Article 90.
[...]
1-The deliberations referred to in Article 89 (2) and (3) are preceded by survey
carry out by three technicians to be appointed by the city hall, two of which with
legal habilitation to be an author of project, corresponding to the subject matter of
survey, according to the scheme of the professional qualification of the responsible technicians
by the drafting and underwriting of projects.
2-[...].
3-[...].
4-[...].
5-[...].
6-[...].
7-[...].
51
Article 93.
[...]
1-A realization of any urban planning operations is subject to surveillance
administrative, regardless of your subjection to prior licensing, admission
of prior communication, authorization of use or exemption of prior control.
2-[...].
Article 97.
[...]
1-All relevant facts concerning the execution of licensed works or the subject matter of
prior communication shall be recorded by the respective technical director in the book of
work, to be kept at the site of their achievement for consultation by the officials
municipal officers responsible for the supervision of works.
2-Are compulsorily recorded in the book, in addition to the respective dates
of start and finish, all the facts that entail your stopping or suspension,
as well as all changes made to the licenced project or communified statement.
3-The model, and too much records to be entered into in the book are defined by
joint office of the members of the Government responsible for the public works and the
spatial planning, which also fixes the characteristics of the book
electronic.
Article 98.
[...]
1-[...]:
a) The realization of any urbanistic operations subject to prior
licensing without the respective licensing allure, except in cases
provided for in Articles 81 and 113;
b) The realization of any urbanistic operations in disconformity with
the respective project, or with the conditions of the licensing or the
admission of prior communication;
c) The execution of works in violation of the provisions of Article 80 (2);
52
d) The occupation of buildings or their autonomous fractions without authorization of
use or at odds with the use fixed in the respective alvshall or in the
admission of prior communication, unless these have not been issued
in the legal period for reasons exclusively attributable to the city hall;
e) The false statements of the authors and coordinator of projects in the term of
liability, in respect of the observance of the general technical standards and
construction specific, as well as the legal provisions and
regulations applicable to the project;
f) The false statements in the term of responsibility of the technical director of the
work and the director of labor supervision or other technicians
relatively:
i) To the compliance of the implementation of the work with the approved project and with the
conditions of the licence and prior communication admitted;
ii) To the compliance of the changes made to the project with the standards
applicable legal and regulatory;
g) [...];
h) [...];
i) [...];
j) Non-maintenance of visible form from the exterior of the building, to the conclusion
of the work, of the notice that publicizes the alvshall or the admission of the communication
prior;
l) [...];
m) [...];
n) [...];
o) The absence of an application to be asked of the city hall the averaging
of replacement of the applicant, the project author or director of
labor supervision as well as the licence alvshall holder or
the preview of the prior communication;
p) The absence of the load-free number or the admission of the
prior communication in advertisements or in any other forms of
advertising to the disposal of lots of land, of buildings or fractions
autonomous in it built;
q) A non-communication to the municipal chamber of the legal business of which
result in fracking or splitting of rustic buildings within 20
53
days from the date of celebration;
r) The realization of urbanistic operations subject to prior communication without
that this has been carried out and admitted;
s) The non-completion of the urban planning operations referred to in paragraphs 2 and 3 of the
article 89 in the time limits set for the purpose;
t) The doleful deterioration of the edification by the owner or by the third party or the
serious breach of the duty of conservation.
2-A counter-ordinance provided for in points a) and r) of the previous number is punishable by
fine graduates from 500.00 € up to max 200,000.00 €, in the case of person
singular, and from 1,500.00 € up to 450,000.00 €, in the case of legal person.
3-A counter-ordinance provided for in the paragraph b) of paragraph 1 is punishable with graded fine
from 1,500.00 to the maximum of 200,000.00 €, in the case of a natural person, and of
3,000.00 € up to 450,000.00 €, in the case of legal person.
4-A counter-ordinance provided for in points c ), d) , s) and t) of paragraph 1 is punishable by
fine graduates from 500.00 € up to max 100,000.00 €, in the case of person
singular, and 1,500.00 for up to 250,000.00 €, in the case of legal person.
5-The counter-ordinations provided for in points e) a h) of paragraph 1 are punishable by
fine graduates from 1,500.00 € up to the maximum of 200,000.00 €.
6-The counter-ordinations provided for in points i) a n) and (p) of paragraph 1 are punishable by
fine graduated from 250.00 € up to maximum of 50,000.00 €, and from 1,000.00 € up to
100,000.00 €, in the case of legal person.
7-A counter-ordinance provided for in points o) and q) of paragraph 1 is punishable by fine
graduated from 100.00 to the maximum of 2,500.00 €, in the case of natural person, and of
500.00 € up to 10,000.00 €, in the case of legal person.
8-When the counter-ordinations referred to in paragraph 1 are practiced in relation to
urbanistic operations that have been the subject of prior communication in the terms of the
this diploma, the maximum amounts of the fines referred to in paragraphs 3 a to 5
previous ones are aggravated in 50,000.00 and those of the fines referred to in paragraphs 6 and 7 in
25,000.00 €.
9-[...].
10-[...].
11-[...].
54
Article 99.
[...]
1-[...]:
a) [...];
b) The interdiction of the exercise in the municipality, up to the maximum of four years, of the
profession or related activity with the offence practiced;
c) [...].
2-The penalties provided for in paragraph 1, as well as those provided for in the previous article, when
applied to civil construction industrialists, are communicated to the Institute of the
Construction and Real estate, I. P.
3-The sanctions applied under the provisions of the provisions of the e) , f) and g) of the Article 1 (1)
previous to the authors of the projects, responsible for the technical direction of the work or the
who subscribed to the term of responsibility provided for in Article 63 are communicated
to the respective order or professional association, when it exists.
4-A interdiction of activity exercise provided for in paragraph b) of paragraph 1, when
applied to the legal person, extends to other legal persons constituted by the
same partners.
Article 102.
[...]
1-[...]:
a) Without the necessary license or admission of prior communication;
b) In discompliance with the respective project or the conditions of the
licensing or prior communication admitted, save the provisions of the article
83. º; or
c) In violation of the applicable legal and regulatory standards.
2-A notification is made to the responsible for the technical direction of the work, as well as to the
holder of the licence alvshall or presentable of the prior communication and, when
possible, to the owner of the immovable in which the works are being executed, or their
representative, being sufficient to compel the suspension of any work
of these notifications or that of whom you find yourself performing the work on the spot.
3-[...].
55
4-[...].
5-The embargo auto is notified to the persons identified in paragraph 2.
6-[...]...
7-The embargo, as well as its cessation or expiry, is the subject of registration in the
conservatory of the predial register, upon communication of the dispatch that the
determined, proceeding to the necessary aversions .
Article 103.
[...]
1-[...].
2-Dealing with licensed works or the object of prior communication, the embargo
it also determines the suspension of the effectiveness of the respective licence or the admission of
prior communication, as well as, in the case of urbanization works, of the licence or
prior communication of urban lotement to which they respect them.
3-[...].
4-The embargo, albeit partial, suspending the deadline that is set for the
performance of the works in the respective licence alvate and established for the admission of
prior communication.
Article 105.
[...]
1-[...].
2-[...].
3-Dealing with works of urbanization or other indispensable works for
ensuring the protection of interests of third parties or the correct urban planning, the
city hall may promote the achievement of the correctional works or
change on account of the holder of the licence or the previous communication presentator,
in the terms of Articles 107 and 108.
4-A The order to carry out correction or amendment work suspending the deadline
which is fixed in the respective licence alvshall licence or established in the communication
prior to the period set out in accordance with paragraph 1.
56
5-The time limit referred to in paragraph 1 shall interrupt with the submission of application for
amendment to the licence or prior communication, in the terms, respectively, of the articles
27. and 35.
Article 106.
Demolition of the work and reposition of the land
1-[...].
2-A demolition can be prevented if the work is likely to be licensed or
subject of prior communication or if it is possible to ensure compliance with
the legal and regulatory provisions applicable to it by the realization
of correction or alteration work.
3-[...].
4-[...].
Article 109.
[...]
1 - Without prejudice to the provisions of Article 2 (2) and (2) of the Decree-Law No. 281/99, of
July 26 , the mayor of the city hall is competent to order and fix
deadline for the cessation of the use of buildings or their autonomous fractions
when they are occupied without the necessary authorisation of use or when
are being allocated to the diverse end of the schedule in the respective alvshall.
2-[...].
3-[...].
4-In the situation referred to in the preceding paragraph, the eviction may not proceed while
the municipal chamber does not provide for the rehousing of the person in question, the
expense of the responsible for misuse, in the terms of the previous article.
Article 110.
[...]
1-[...].
2-[...].
57
3-Interested parties have the right to consult the processes that tell them
directly respect, particularly by electronic means, and to obtain the certificates or
authenticated reproductions of the documents that integrate them, upon payment
of the importances that are due.
4-Access to the processes and the passage of certificates must be required in writing,
except for consultation by electronic means, and is provided independently of dispatch and in the
period of 10 days from the date of the submission of the respective application.
5-[...].
6-[...].
Article 111.
[...]
Decorate the deadlines set for the practice of any specially regulated act
in the present diploma without the same showing practiced, the following is observed:
a) [...];
b) [ Revoked ]
c) [...].
Article 113.
[...]
1-In the situations referred to in paragraph 9 of the preceding article, the person concerned may initiate and
continue the implementation of the proceedings in accordance with the application submitted in the
the terms of Article 9 (4), or give immediate use to the work.
2-[...].
3-[...].
4-[...].
5-In case the city hall does not carry out the settlement of the fee due neither give
compliance with the provisions of the preceding paragraph, the person concerned may start the proceedings
or give immediate use of the work, giving that fact knowledge to the chamber
municipal and requiring the administrative court of circle of the area of the headquarters of the
autarky that inteam this to issue the licence alvshall of use.
6-[...].
58
7-A certificate of the sentence carried forward on trial that there is subpoena to the issuance of the
will alvate of licence to use replaces, for all legal effects, alvshall not
issued.
8-In the situations referred to in this article, the work may not be embarked on by
any administrative authority on the grounds of the lack of license.
Article 115.
Special administrative action
1-A Special administrative action of the acts provided for in Article 106 shall take effect
suspensive.
2-[...].
3-A all the time and up to the decision in 1 th instance, the judge may grant the effect
merely devolutive to the action, officiously or to the application of the defendant or the
Prosecutor's Office, case of the same result hints of the illegality of its
interposition or its improvenance.
4-[...].
Article 116.
[...]
1-A issuance of licence and permit alvarages and the admission of
prior communication provided for in this diploma are subject to the payment of the
fees as referred to in point b) of Article 6 of the Decree-Law No. 53-E/2006 of 29 of
January.
2-A issue of licence alvshall and the admission of prior communication of
lotement are subject to payment of the fees referred to in point (s) a) of the article
6. of the Decree-Law No. 53-E/2006 of January 29.
3-A issue of the licence alvshall and the admission of prior communication of works of
construction or extension in area not covered by lotion operation or
alvings of urbanization works is also subject to the payment of the said fee
in the previous number.
59
4-A The issuance of the partial licence alvshall referred to in Article 23 (6) is
also subject to the payment of the fee referred to in paragraph 1, where there is no place at
settlement of it upon the issuance of the definitive alvshall.
5-[...].
Article 117.
1-The chairman of the municipal chamber, with the deferring of the request for
licensing, proceeds to the settlement of fees, in accordance with the regulation
approved by the municipal assembly.
2-[...].
3-From settlement of fees rests with gracious claim or judicial challenge, in the
terms and with the effects provided for in the Code of Procedure and Process
Tributary.
4-A requirement, by the city hall or by any of its members, of more-
valias not provided for in the law or any countermatches, compensations or
donations gives the holder of the licence or prior communication for the realization of
urbanistic operation, when it gives fulfillment to those demands, the right to reaver
the improperly paid amounts or, in cases where the counterparts,
compensation or donations are carried out in kind, the right to the respective
return and to the compensation to which there is place.
5-In the cases of autoliquidation provided for in this diploma, in particular in the
chances of prior communication, the municipal chambers must compulsorily
make available the regulations and other necessary elements to their efectiveness,
may the applicants use the expedient provided for in Article 113 (3).
Article 119.
Relation of territorial management instruments, servings and utility constraints
public and other relevant instruments
1-Municipal chambers shall keep up-to-date the relationship of the instruments of
territorial management and administrative servings and restrictions of public utility
especially applicable in the area of the municipality, namely:
a) [...];
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b) Classified real estate protection areas, or in classification routes,
archaeological reserves of protection and special zones of protection of
archaeological park referred to in Law No. 107/2001 of September 8;
c) [ Revoked ]
d) [...];
e) Real estate or natural elements classified as of municipal interest, the
referred to in Law No. 107/2001 of September 8;
f) [...];
g) Integrated areas in the public or private water domain, to which the
Decree-Law No. 468/71 of November 5 and the Law No. 58/2005 of 29 of
December;
h) [...];
i) [...];
j) Integrated areas in the National Ecological Reserve, as referred to by the Decree-
Law No. 93/90 of March 19, in the wording of the Decree-Law No. 180/2006, of
September 6;
l) Protection zones established by the Decree-Law No. 173/2006, 24 of
August.
2-[...].
3-A information referred to in the preceding paragraphs shall be made available on the site
Internet of the municipality.
Article 120.
[...]
1-The municipal chambers and the Coordination and Development Commissions
Regional have the duty of mutual information on processes relating to operations
urbanities, which must be met by communication to be sent within
20 days from the date of receipt of the respective application.
2-Not being provided the information provided for in the preceding paragraph, the entities that
have requested may resort to the process of subpoena regulated in the articles
104. and following of Law No. 15/2002 of February 22.
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Article 121.
[...]
The notifications and communications referred to in this diploma and addressed to applicants
they must be carried out via e-mail or other means of transmission
data electronics, save when this is not possible or show inadequate.
Article 123.
[...]
Until the codification of the technical standards of construction, it is incumbent on those of the members of
Government responsible for public works and land-use planning
promote the publication of the relationship of legal and regulatory provisions to be observed
by the responsible technicians of the works projects and their implementation, and
relationship on the websites of the ministries concerned.
Article 126.
[...]
1-A The municipal chamber sends monthly to the National Statistical Institute the
statistical elements identified in portaria of the members of the Government
responsible for local administration and spatial planning.
2-[...].
Article 127.
[...]
The scheme provided for in this diploma shall apply to the Autonomous Regions, without prejudice to the
legal diploma that proceeds to the necessary adaptations.
Article 128.
[ Revoked ] "
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Article 2.
Addition to the Decree-Law No. 555/99, of December 16
They are deferred to Decree-Law No. 555/99 of December 16, Articles 6-8-A,
13.-A, 13.-B, 36.-A, 80.-A, 89.-A and 101.-A and 101.
" Article 6.
Works of scant urbanistic relevance
1-Are works of scant urbanistic relevance:
a) The edifices, contiguous or not, to the main building, with height no
greater than 2.20 metres or, alternatively, to the cércea of the floor's rés-of-the-floor
main, with area equal to or less than 10 m2 and which do not confine with the via
public;
b) The erection of sealing walls up to 1.80 metres in height that do not confine
with the public route and land support walls up to a height of 2 metres
or that do not significantly change the topography of existing land;
c) The edification of garden greenhouses with height of less than 3 metres and equal area
or less than 20m2;
d) The small works of arrangement and improvement of the enveloping area of the
editions that do not affect area of the public domain;
e) The edification of lurid or leisure equipment associated with edification
main with area lower than the latter;
f) The demolition of the edifices referred to in the above points;
g) Other works, as such qualied in municipal regulation.
2-Except for the provisions of paragraph 1, the works in classified real estate of interest
national or public interest and in their respective protection zones.
3-The municipal regulation referred to in point g) of paragraph 1 may establish
limits in addition to those provided for in points a) a c) of the same number.
4-A The predial description may be updated upon declaration of achievement of
works of scant urban relevance in the terms of this diploma.
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Article 8-The
Computer system
1-A The stepping stone of the procedures provided for in this diploma is carried out
informatically, with recourse to a computer system of its own, which it allows,
particularly:
a) The delivery of applications and communications;
b) The consultation by the stakeholders of the state of the procedures;
c) The submission of the procedures to be consulted by external entities to the
municipality;
d) Making information regarding communication procedures available
prior admitted for the purpose of predial and matrix registration.
2-The informatics system provided for in this article is the subject of joint poring of the
members of the Government responsible for justice, local administration and planning
of the territory.
3-A presentation of applications, other elements and the realization of
communications via electronic means must be instructed with digital signature
qualified.
Article 13-The
Opinion, approval or location authorization
1-A consultation of entities of the central, direct or indirect administration, which if
should pronounce on the urbanistic operation on the grounds of the location, is carried out
through a single coordinating entity, the territorially competent CCDR, the
which issues a global and binding decision of the entire central administration.
2-A CCDR identifies, within five days of the receipt of the elements
through the system provided for in Article 8-A, the entities that under the law should
issue opinion, approval or location authorization, promoting within that
term the respective consultation, to be carried out simultaneously and with recourse to the said
computer system.
3-Consulted entities must pronounce within 20 days, or 40 days
dealing with work relating to immovable of national interest or public interest,
without possibility of suspension of the procedure.
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4-In case there are no divergent positions among the entities consulted, the CCDR
take the final decision within 5 days from the end of the deadline provided in the number
previous.
5-Case there are divergent positions among the entities consulted, the CCDR
promotes a decisional conference and makes final favorable, favorable decision
conditioned or unfavorable within 20 days.
6-In the operative conference referred to in the preceding paragraph the entities consulted
are represented by persons with powers to bind them.
7-Not being possible to obtain the position of all entities, on the grounds of lack of
comparency of some representative or for having been subjected to any appreciation
new issue, the proceedings of the conference can be suspended for a period
maximum of 5 days.
8-When CCDR does not adopt position favorable to an urbanistic operation by
this being dislike with instrument of territorial management, can the CCDR, when the
operation if reviewed of particular regional or local relevance, by its initiative or the
request from the municipality, respectively, to propose to the Government the approval in
resolution of the Council of Ministers of the amendment, suspension or ratification, total or
partial, of plan of its competence with respect to which the disconformity is
checks.
9-When the decision is delivered in the sequence of decisional conference, the
opinions issued have non-binding nature, regardless of their
classification in special legislation.
10-The decision procedure of the central administration provided for in the figures
previous is the subject of the porterie of the members of the Government responsible for the
spatial planning and by the local administration.
Article 13-B
Prior consultations
1-The interested in the consultation to external entities may request the
opinions, authorisations or legally required approvals from the entities
competent, delivering them with the initial application or with the communication
prior, in which case there is no new consultation since, up to the date of
presentation of such a request or communication in the city hall, there is no elapse
65
more than one year since the issuance of the issued opinions, permits or approvals
or provided that, if this period has been exhausted, they have not been verified
changes in the assumptions of fact or law in which they were based.
2-For the effects of the preceding paragraph, should any of the entities consulted not
if there is pronounced within the deadline, the initial application or prior communication
can be instructed with proof of the solicitation of the queries and statement of the
applicant or communicant that the same were not issued within that
deadline.
3-Not having the person concerned promoted all the necessary consultations, the manager of the
procedure promotes the consultations to which there is place or, where applicable, communicates
the application to CCDR, within 5 days from the date of the application or the date of the
delivery of the items requested in accordance with Article 11 (3)
4-At the end of the deadline for the promotion of consultations, the person concerned may
request the pass of certificate of that promotion, to which it will be issued by the chamber
municipal or by CCDR within eight days.
5-If the certificate is negative, the person concerned may directly promote the consultations
that no hajam has been carried out or ask the administrative court to inteam the
city hall or the CCDR to do so, pursuant to Art. 112 of the present
diploma.
Article 36-The
Administrative act
1-Elapsed the time limit provided in the previous article without prior communication having
has been rejected, is made available in the computer system provided for in Article 8.
information that the communication was admitted.
2-A The provision referred to in the preceding paragraph is worth as a practice of the act
administrative admission of admission of prior communication.
3-After the admission of the prior communication, the person concerned may initiate the works,
by making the payment of the fees due through autoliquidation beforehand.
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Article 48-The
Changes to the operation of loteeing the subject of prior communication
Without prejudice to the provisions of the previous article, the amendment of loteeing operation
admitted to the subject of prior communication can only be submitted if it is demonstrated
the non-opposition of most of the owners of the constant lots of the communication.
Article 80-The
Information on the beginning of the work and the responsible for the same
1-Within 5 days of the commencement of the proceedings, the prosecutor informs the chamber
municipal from that beginning, communicating also the identity of the person, singular or
collective, tasked with the execution of them.
2-A person charged with the execution of the works is obliged to the exact execution
of the projects and the respect for the conditions of the licensing or prior communication.
Article 89-The
Prohibition of deterioration
1-The owner cannot, dolly, provoke or aggravate a foul situation
of safety or of salubrity, provoke the deterioration of the building or damage the
your aesthetic arrangement.
2-Presumse, unless otherwise proven, there is a violation by the owner of the
provisions of the previous number in the following situations:
a) When the building, finding it fully or partially disclenching, has
only the vans of the upper floor or of the unguarded upper floors;
b) When they are missing decorative elements, particularly cantaries
or relevant tile coating, in areas of the edification that are not
accessible by passers-by, being patented that such a lack result from acting
human.
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Article 101-The
Legitimacy for the complaint
1-Any person has legitimacy to communicate to the city hall, to the
Prosecutor's Office, to the orders or professional associations, to the Institute of Construction
and of the Real estate, I. P. or other competent entities the violation of the standards of the
present diploma.
2-They are not admitted to anonymous complaints. "
Article 3.
Abrogation standard
Articles 19, 28 to 33, 40 and 128 of the Decree-Law No. 555/99, are repealed.
December 16.
Article 4.
Republication
It is republished, in annex, which forms an integral part of the present decree-law, the Decree-
Law No. 555/99 of December 16, with the current wording.
Article 5.
Autonomous Regions
The scheme provided for in this diploma shall apply to the Autonomous Regions, without prejudice to the
legal diploma that proceeds to the necessary adaptations.
Article 6.
Transitional arrangements
1-To the works of building and loosing operations, urbanization works and
remodeling works of land whose licensure process decorates in the
respective municipal chamber at the date of the entry into force of this diploma is
applicable the previously beholdant regime, without prejudice to the provisions of the number
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next.
2-A The application of the person concerned, the chairman of the city hall may authorize
that to the ongoing procedures applies to the constant scheme of this diploma,
determining what the procedure of prior control to which the procedure is
subject, taking into account the provisions of Articles 4 and 6.
3-Until the establishment, in accordance with Article 43 (2), of the parameters for the
dimensioning of the areas referred to in paragraph 1 of the same article, continue the
same to be fixed by porterie of the member of the Government responsible for the
planning of the territory.
4-As long as the computer system is not in operation, the procedures
may resort to the tramway on paper.
5-As long as the present regime is not the subject of adaptation to the Autonomous Regions
of the Azores and Madeira, all external consultations provided for in Article 13-A are
promoted by the city hall or the applicant.
6-As long as the computer system is not in operation, the procedures
may resort to the tramway on paper, the application provided for in paragraph 6 of the
article 9 being accompanied by duplicate, the copying being returned to the applicant or
communicant after it has affixed note, dated, from the reception of the original
Article 7.
Entry into force
This Law shall come into force 180 days after its publication.
Seen and approved in Council of Ministers of June 14, 2007
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
69
Annex I
Republication of the Decree-Law No. 555/99 of December 16
Legal regime of urbanization and edification
CHAPTER I
Preliminary provisions
Article 1.
Subject
The present diploma establishes the legal regime of urbanization and edification.
Article 2.
Definitions
For the purposes of this diploma, it is understood to be:
a) Edification: the activity or the result of the construction, reconstruction, magnification,
alteration or conservation of an immovable intended for human use, as well as of
any other construction that incorporates on the ground with a permanence character;
b) Works of construction: the works of creation of new edifices;
c) Reconstruction works without preservation of the facades: the construction works
subsequent to the total or partial demolition of an existing edifice, of which
result in the reconstitution of the structure of the facades, the cércea and the number of floors;
d) Works of magnification: the works of which will result in the increase of the pavement area or
implantation, the cércea or the volume of an existing edifice;
e) Change works: the works of which result in the modification of the physical characteristics
of an existing edifice or its fraction, specifically the respective structure
resistant, the number of fires or interior divisions, or the nature and color of materials
of outer coating, with no increase in pavement or implantation area or
of the cercea;
f) Conservation works: the works intended to maintain an edification in the conditions
existing at the date of its construction, reconstruction, enlargement or alteration,
in particular the works of restoration, repair or cleaning;
g) demolition works: the works of destruction, in whole or in part, of an edification
70
existing;
h) Works of urbanization: the works of creation and remodeling of infrastructures
intended to serve directly the urban spaces or the buildings,
particularly road and pedal washer, sewerage and supply networks
of water, electricity, gas and telecommunications, and still green spaces and other
spaces of collective use;
i) Lotting operations: the actions that have as an object or by effect to
constitution of one or more batches intended, immediate or subsequently, to the
urban edification, and that results from the division of one or several buildings, or its
repairing;
j) Urban operations: the material operations of urbanization, of erection,
use of buildings or soil, provided that, in the latter case, for purposes not
exclusively agricultural, animal husbandry, forestry, miners or public supply
of water;
l) Work remodeling of land: urbanistic operations do not
understood in the previous paragraphs involving the destruction of the coating
vegetable, the alteration of the natural relief and the layers of arable soil or the topsoil of
tall or in massive trees for non-exclusively agricultural purposes,
livestock, forest or miners.
m) Works of scant urban relevance: the works of edification or demolition that,
by its nature, size or location have scarce urbanistic impact.
n) Reconstruction works with preservation of the facades: the construction works
subsequent to the demolition of part of an existing edifice, preserving the
main facades with all its non-dissonant elements and of which no
result uplift with cércea superior to that of the highest confining edifices.
o) Consolidated urban zone: zone characterized by an occupancy density that
allows to identify an already defined urban fabric or structure, where there are the infra-
essential structures and where the alignments of the plans are defined
marginals by buildings in continuity.
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Article 3.
Municipal regulations
1-In the exercise of its own regulatory power, municipalities approve
municipal regulations of urbanization and or of building, as well as regulations
concerning the launch and settlement of the fees and the provision of surety that, in the terms
of the law, be due to the realization of urban planning operations.
2-The regulations provided for in the preceding paragraph shall be aimed at
concretization and implementation of this degree, and may not contradde it
willing, and shall set the amounts of fees to be charged in the cases of admission of
prior communication and tacit deferrals, and may not these values exceed the
provided for the licensing or express act.
3-The drafts of the regulations referred to in paragraph 1 are submitted to the discussion
public, by no less than 30 days, prior to their approval by the organs
municipal.
4-The regulations referred to in paragraph 1 are the subject of publication in the 2 th series of the
Journal of the Republic, without prejudice to the other forms of publicity provided for in the law.
CHAPTER II
Prior control
SECTION I
Scope and competence
Article 4.
License
1-A realization of urban planning operations depends on prior leave, on the terms and
with the exceptions set out in this section.
2-Are subject to administrative leave:
a) the loteing operations;
b) The urbanization works and the remodeling works of land in area no
covered by lotement operation;
c) Construction, alteration and extension works in area not covered by
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lotion operation;
d) The works of reconstruction, magnification, alteration, conservation or demolition of
classified real estate, or in classification routes, and the construction works,
reconstruction, enlargement, alteration, conservation or demolition of situated real estate
in classified real estate protection areas, as well as integrated real estate
on sets or classified sites, or in areas subject to administrative servitude
or restriction of public utility;
e) the reconstruction works without preservation of the facades;
f) The demolition works of the buildings which do not find themselves provided for on leave
of reconstruction works;
g) The remaining urbanistic operations that are not exempt from licence, under the terms
of the present diploma.
3-A subjecting the licensing of the acts of repairing the property of which
result plots not intended immediately the urbanization or building depends
of the will of the owners.
Article 5.
Competence
1-A The granting of the licence provided for in paragraph 2 of the preceding Article shall be the competence of the
city hall, with faculty of delegation in the president and of subdelegation
of this in the aldermen.
2-[repealed]
3-A The approval of the prior information regulated in this diploma is from the
competence of the municipal chamber, and may be delegated to its chairman, with
faculty of subdelegation in the aldermen.
4-[repealed]
Article 6.
Exemption of leave
1-Without prejudice to the provisions of paragraph 4 (d) of Article 4, they are exempt from
license:
a) The conservation works;
73
b) The alterations in the interior of buildings or their fractions, other than those
classified real estate or in classification pathways, which do not imply modifications
in the structure of stability, the cércees, the shape of the facades and the shape of the
roofs;
c) reconstruction works with preservation of the facades;
d) the urbanization works and the remodeling works of land in area
covered by lotement operation;
e) the construction, alteration or extension works in area covered by
lotement operation or detail plan containing the referred elements
in points (c), (d) and (f) of Article 91 (1) of the Decree-Law No. 380/99, 22 of
September;
f) The construction, alteration or extension works in consolidated urban area ,
that respect the municipal plans and of which do not result edification with cércea
superior to the most frequent height of the edited front facades on the side of the
washer where it integrates the new edification, in the street trolling between the
two transversals closer together, to one and to another side;
g) The erection of swimming pools associated with main edification;
h) Changes to the use of the buildings, as well as the lease for purposes no
housing of unlicensed buildings or fractions, pursuant to paragraph 4 of the article
5. of the Decree-Law No. 160/2006 of August 8.
i) The works identified in Article 6;
j) The highlights referred to in the n. paragraphs 4 and 5.
2-[repealed]
3-Without prejudice to the provisions of Article 37 and in the special procedures that require
external consultation, the works referred to in points (c) to (h) of paragraph 1 shall be subject to the
prior communication regime.
4-The acts that have the effect of the highlight of a single plot of building with
predial description that is situated in urban perimeter are exempt from licence, since
that the two plots resulting from the highlight confront with public hoodlums.
5- In the areas outside the urban perimeters, the acts to which the number is referred
previous are exempt from leave when, cumulatively, if show complied with the
following conditions:
a) In the highlighted parcel is only constructed building that exclusively destine the
housing purposes and which has no more than two fires;
74
b) In the remaining parcel if it respects the minimum area fixed in the intervention project in
rural area in force or, when that does not exist, the area of culture unity
fixed in the terms of the general law for the respective region.
6-In cases referred to in paragraphs 4 and 5, it is not permitted to carry out, in the area
corresponding to the originating building, new highlight in the terms referred to therein by a
deadline of 10 years counted from the date of the previous highlight.
7-The conditioning of construction as well as the burden of non-fractionation,
provided for in paragraphs 4 and 5 shall be entered in the predial register on the plots
resulting from the highlight, without what cannot be licensed any work of
construction in these plots.
8-The willing in this article does not exempt the realization of the urbanistic operations in it
provided for the observance of the applicable legal and regulatory standards,
specifically the municipal plan constants and special planning plan
of the territory and the technical standards of construction.
9-A certificate issued by the municipal chamber, proving the verification of the
requirements of the highlight, constitutes document quite a lot for the purpose of predial registration
of the highlighted plot.
10-The acts that have the effect of the plot highlight with a predial description that if
situe in urban perimeter and outside of this must observe the provisions of paragraphs 4 and 5.
Article 6-The
Works of scant urbanistic relevance
1-Are works of scant urbanistic relevance:
a) The edifices, contiguous or not, to the main building, with height not
greater than 2.20 metres or, alternatively, to the cércea of the floor's rés-of-the-floor
main, with area equal to or less than 10 m2 and which do not confine with the via
public.
b) The erection of fence walls up to 1.80 metres in height that do not confine
with the public route and land support walls up to a height of 2 metres
or that do not significantly change the topography of existing land;
c) The erection of garden greenhouses with height of less than 3 metres and equal area
or less than 20m2;
d) The small works of arrangement and improvement of the surrounding area of the
75
editions that do not affect area of the public domain;
e) The erection of lurid or leisure equipment associated with edification
main with area lower than the latter.
f) the demolition of the edifices referred to in the previous paragraphs.
g) Other works, as such qualid in municipal regulation.
2-Except for the provisions of paragraph 1, the works in classified real estate of interest
national or public interest and in their respective protection zones.
3-The municipal regulation referred to in point (g) of paragraph 1 may establish
limits in addition to those provided for in points (a) to (c) of the same number.
4-A The predial description may be updated upon declaration of achievement of
works of scant urban relevance in the terms of this diploma.
Article 7.
Urban planning promoted by the Public Administration
1-Are also exempt from licence:
a) The urban planning operations promoted by local authorities and their associations
in area covered by municipal planning plan of the territory;
b) The urbanistic operations promoted by the State relating to equipment or
infrastructure for the installation of public services or allocated to direct use
and immediate from the public, without prejudice to the provisions of paragraph 4;
c) The works of erection or demolition promoted by the public institutes that
have for specific assignments the safeguarding of cultural heritage or the
promotion and management of the state housing stock and which are directly
related to the pursuit of these assignments;
d) The works of edification or demolition promoted by public entities that
have for specific assignments the administration of the port areas or the
railway or airport public domain, when carried out in the respective area of
jurisdiction and directly related to the pursuit of those assignments;
e) The works of building or demolition and the works promoted by entities
dealerships of public works or services, when they reconduct themselves to the pursuit
of the object of the concession.
f) The urbanistic operations promoted by public companies relatively to
business and similar parks, particularly areas of business location,
76
industrial and logistics areas.
2-A implementation of the urban planning operations provided for in the preceding paragraph, with
exception of those promoted by municipalities, shall be subject to prior opinion not
binding of the city hall, which must be issued within 20 days of counting
of the date of receipt of the respective application.
3-The loosing operations and the urbanization works promoted by the
local authorities and their associations in area not covered by municipal plan of
spatial planning must be authorized in advance by the assembly
municipal, after submitted to the non-binding prior opinion of the Commission of
Coordination and Regional Development (CCDR), to which it is to pronounce on the
period of 20 days from the receipt of the respective application.
4-The loosing operations and urbanization works promoted by the State
must be previously authorized by the minister of guardian and the minister
responsible for the planning of the territory, after hearing the city hall, the
which one is to pronounce within 20 days of receipt of the respective application.
5-The loosing operations and the urbanization works promoted by the
local authorities and their associations or by the state, in area not covered by plan
of urbanization or plan of detail, are subjected to public discussion, in the
terms set out in Article 77 of the Decree-Law No. 380/99 of September 22,
with the necessary adaptations, except with regard to the periods of notice and
duration of the public discussion which are respectively 8 and 15 days.
6-A The realization of the urban planning operations provided for in this article shall observe the
legal and regulatory standards that are applicable to them, specifically the
constants of instrument of territorial management, of the legal regime of protection of the
cultural heritage, from the legal regime applicable to the management of construction waste and
demolition, and the technical standards of construction.
7-To the realization of the urban planning operations provided for in this article shall apply as yet,
with due adaptations, the provisions of articles 10, 12 and 78.
SECTION II
Forms of procedure
SUBSECTION I
General provisions
77
Article 8.
Procedure
1-Prior control of urban planning operations obeys the forms of procedure
provided for in this section, and the special conditions of
licensing provided for in Section III of this Chapter.
2-Without prejudice to the powers of the procedure manager, the direction of the
instruction of the procedure competes with the mayor of the city hall, and may be
delegated to the councillors, with faculty of subdelegation in the service leaders
municipal.
3-Each procedure is accompanied by procedure manager, to whom it competes
ensure the normal development of the procedural springboard, accompanying,
notably, the instruction, fulfilment of deadlines, the provision of information and
the clarifications to those interested.
4-The receipt of the application submission for licensing, prior information
or prior communication contains the identification of the procedure manager, as well as
the indication of the place, the time and the way in which you can be contacted.
5-In case of replacement of the procedure manager, it is notified to the person concerned
identity of the new manager, as well as the elements referred to in the preceding paragraph.
Article 8-The
Computer system
1-A The stepping stone of the procedures provided for in this diploma is carried out
informatically, with recourse to a computer system of its own, which it allows,
particularly:
a) the delivery of applications and communications;
b) The consultation by the interested state of the procedures;
c) Submission of the procedures to be consulted by external entities to the
municipality.
(d) make available information regarding prior communication procedures
admitted for the purpose of predial and matrix registration.
2-The informatics system provided for in this article is the subject of joint poring of the
78
members of the Government responsible for justice, local administration and
planning of the territory.
3-A presentation of applications, other elements and the realization of
communications via electronic means must be instructed with signature
qualified digital.
Article 9.
Application and communication
1-Unless otherwise provided, the procedures provided for in this diploma
initiate through application or communication presented with recourse to
electronic means and through the system provided for in the previous article, addressed to the
chair of the city hall, of which they must record the identification of the
applicant or communicant, including the domicile or registered office, as well as the indication of the
quality of holder of any right that confers you the faculty of carrying out the
urbanistic operation.
2-Of the application or communication also appears as an indication of the application or
object in clear and precise terms, identifying the type of urbanistic operation a
carry out by reference to the provisions of Article 2, as well as the respective location.
3-When it respects to more than one of the types of urban planning operations referred to in the
article 2 directly related, all operations must be identified
covered, applying in this case the form of procedure corresponding to each
type of operation, without prejudice to the tramway and joint appreciation.
4-The application or communication is accompanied by the planned instructory elements
in portaria approved by the ministers responsible for the public works and the
spatial planning, in addition to the documents specially referred to in the
present diploma.
5-[repealed]
6-With the submission of application or communication by electronic means is
issued receipt delivered by electronic means.
7-In the initial application may the person concerned request the indication of the entities
that, under the law, they should issue opinion, authorization or approval relatively
to the application submitted, by sendoating such notified within 15 days, save for rejection
Preliminary injunction of the application under the provisions of Article 11 para.
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8-The manager of the procedure records in the proceedings the subsequent joining of any
new documents and the date of the consultations to entities outside the municipality and the
receipt of the respective responses, where appropriate, as well as the date and content
decisions of the municipal bodies.
9-A the replacement of the applicant or communicant, of the person responsible for any of the
projects submitted to or from the technical director of the work must be communicated to the manager
of the procedure for the latter to proceed to the respective aversion in the period 15
days from the date of the replacement.
Article 10.
Term of liability
1-The application or communication is always instructed with statement by the authors
of the projects, from which it is observed that they have been observed in the elaboration of the same
applicable legal and regulatory standards, specifically the technical standards of
construction in force, and of the coordinator of the projects, which attests to the compatibility
between the same.
2-Of the statements mentioned in the preceding paragraph shall, as yet, appear
reference to the compliance of the project with the municipal planning plans
territory applicable to the claim, as well as with the loteeing licence, when
exists.
3-Without prejudice to the provisions of the following number and in special legislation, they may only
subscribe to projects the legally enabled technicians who find themselves enrolled
in public association of a professional nature and to make proof of the validity of your
enrolment when submitting the initial application.
4-Technicians whose activity is not covered by public association may
subscribe to the projects for which they possess appropriate habilitation, under the terms of the
provisions of the professional qualification regime required of the responsible technicians
by the drafting and underwriting of projects or in special legislation concerning
legally recognized public body.
5-The authors and coordinator of the projects must declare, in particular in the
situations provided for in Article 60, which technical or regulatory standards in
vigour that have not been observed in the elaboration of the same, substantiating the
reasons for their non-observance.
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6-Whenever irregularities are found in the terms of liability, in the
which respects the applicable legal and regulatory standards and compliance of the
project with the municipal plans for land use planning or leave of
lotement, when there is, should the same be communicated to the public association
of a professional nature where the technician is registered or the public body
legally recognized in the case of technicians whose activity is not covered by
public association.
Article 11.
Sanitation and liminal appreciation
1-Compete to the mayor of the city hall, for his initiative or by appointment
of the procedure manager, decide the issues of formal and procedural order which
may preclude the knowledge of any application or communication presented in the
scope of this diploma.
2-The chairman of the city hall proffers dispatch dispatch of the
application, within eight days of the respective submission, whenever the
application or communication do not contain the identification of the applicant or
communicant, of the application or location of the urban planning operation to be carried out, well
as in the case of lacking the required instructional document that is indispensable to the
knowledge of the claim and the lack of which cannot be made officiously suppressed.
3-In the hypothesis provided for in the preceding paragraph, the applicant or communicant is
notified to, within 15 days, correct or complete the application by staying
suspended the ulterior terms of the procedure, under penalty of liminal rejection.
4-Within 10 days of the submission of the application or communication, the
chairman of the city hall may also provide dispatch of rejection
liminality, officiously or by appointment of the procedure manager, when of the
analysis of the instructing elements results that the request is manifestly contrary
to applicable legal or regulatory standards.
5-Non-occurring liminal rejection, or invitation to correct or complete the application or
communication, within the time specified in paragraphs 2 and 4, it is presumed that the application or
communication if they are correctly instructed.
6-Without prejudice to the provisions of the preceding paragraphs, the manager of the procedure shall
make it known to the mayor of the city hall, until the final decision, any
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issue that prejudges the normal development of the procedure or prevents the
decision making on the subject matter of the application, namely the illegitimacy of the
applicant and the expiry of the right to be exercised.
7-Unless with respect to the consultations referred to in Article 13, if the final decision
depend on the decision of an issue that is the competence of another body
administrative or the courts, must the mayor of the city hall suspend the
procedure until the organ or the competent court has pronounced, notifying the
applicant of that act, without prejudice to the provisions of Article 31 (2) of the Code of the
Administrative Procedure.
8-Without prejudice to the provisions of the preceding paragraph, the person concerned may apply for
continuation of the procedure in alternative to suspension, by staying the final decision
conditioned, in its implementation, to the decision that comes to be delivered by the organ
administrative or competent court.
9-Havendo rejection of the application or communication, pursuant to this Article, the
interested that present new order or communication for the same end is
dispensed from putting together the previously used documents that remain
valid and suitable.
10-The mayor can delegate to the councillors, with faculty
of subdelegation or in the leaders of municipal services, the skills referred to
in paragraphs 1 a to 4 and the following number.
11-When it occurs that the urbanistic operation to which it respects the application or
communication does not integrate into the type of procedure indicated, the applicant or
communicant is notified, within 15 days of the submission of that
application, for the following effects:
a) In the event that the indicated procedure is simpler than the applicable one, to, in
30 days, declare if it intends for the procedure to proceed in the form legally
expected, and should, if so, and in the same time frame, bring together the elements that
are missing, under penalty of being dismissed from the application;
b) In the event that the indicated procedure is more demanding than the applicable, take
knowledge of the officious conversion of the procedure to the legally
expected;
c) In the event that the urban planning in question is waived on leave or
prior communication, take notice of the extinction of the procedure.
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Article 12.
Advertising of the application
The application for licensing or prior planning communication of urban planning, must
be advertised in the form of notice, according to the model approved by the minister
responsible for the planning of the territory, to be placed at the place of the
operation in a visible way from the public route, within 10 days of the submission
of the initial application or communication.
Article 13.
Consultation with external entities
1-A consultation with entities which, under the law, should issue opinion, authorization
or approval on the application is promoted by the procedure manager and is carried out
simultaneous, through the informatics system provided for in Article 8.º-A.
2-In the cases provided for in the following article, the manager of the procedure communicates the
request, with the identification of the entities to be consulted, to the CCDR.
3-The external entities to the municipality pronounced exclusively in the framework
of your assignments and competences.
4-Consulted entities must pronounce no later than 20 days from the date
of making available the process.
5-There is considered to be concordance from those entities with the pretension formulated
if the respective opinions, authorisations or approvals are not received within
of the time limit set in the preceding paragraph.
6-The opinions of the entities outside the municipality only have binding character
when such a result of the law, as long as it is founded on legal conditionings or
regulatory and are received within the time frame.
7-Are fixed in own diploma the projects of specialty engineering and the
technical certifications that lack consultation, approval or opinion, internal or
external, as well as the terms in which they take place.
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Article 13-The
Opinion, approval or location authorization
1-A consultation of entities of the central, direct or indirect administration, which if
should pronounce on the urbanistic operation on the grounds of the location, is carried out
through a single coordinating entity, the territorially competent CCDR, the
which issues a global and binding decision of the entire central administration.
2-A CCDR identifies, within five days of the receipt of the elements
through the system provided for in Article 8-A, the entities that under the law should
issue opinion, approval or location authorization, promoting within that
term the respective consultation, to be carried out simultaneously and with recourse to the said
computer system.
3-Consulted entities must pronounce within 20 days, or 40 days
dealing with work relating to immovable of national interest or public interest,
without possibility of suspension of the procedure.
4-In case there are no divergent positions among the entities consulted, the CCDR
take the final decision within 5 days from the end of the deadline provided in the number
previous.
5-Case there are divergent positions among the entities consulted, the CCDR
promotes a decisional conference and makes final favorable, favorable decision
conditioned or unfavorable within 20 days.
6-In the operative conference referred to in the preceding paragraph the entities consulted
are represented by persons with powers to bind them.
7-Not being possible to obtain the position of all entities, on the grounds of lack of
comparency of some representative or for having been subjected to any appreciation
new issue, the proceedings of the conference can be suspended for a period
maximum of 5 days.
8-When CCDR does not adopt position favorable to an urbanistic operation by
this being dislike with instrument of territorial management, can the CCDR, when the
operation if reviewed of particular regional or local relevance, by its initiative or the
request from the municipality, respectively, to propose to the Government the approval in
resolution of the Council of Ministers of the amendment, suspension or ratification, total or
partial, of plan of its competence with respect to which the disconformity is
checks.
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9-When the decision is delivered in the sequence of decisional conference, the
opinions issued have non-binding nature, regardless of their
classification in special legislation.
10-The decision procedure of the central administration provided for in the figures
previous is the subject of the porterie of the members of the Government responsible for the
spatial planning and by the local administration.
Article 13-B
Prior consultations
1-The interested in the consultation to external entities may request the
opinions, authorisations or legally required approvals from the entities
competent, delivering them with the initial application or with the communication
prior, in which case there is no new consultation since, up to the date of
presentation of such a request or communication in the city hall, there is no elapse
more than one year since the issuance of the issued opinions, permits or approvals
or provided that, if this period has been exhausted, they have not been verified
changes in the assumptions of fact or law in which they were based.
2-For the effects of the preceding paragraph, should any of the entities consulted not
if there is pronounced within the deadline, the initial application or prior communication
can be instructed with proof of the solicitation of the queries and statement of the
applicant or communicant that the same were not issued within that
deadline.
3-Not having the person concerned promoted all the necessary consultations, the manager of the
procedure promotes the consultations to which there is place or, where applicable, communicates
the application to CCDR, within 5 days from the date of the application or the date of the
delivery of the items requested in accordance with Article 11 (3).
4-At the end of the deadline for the promotion of consultations, the person concerned may
request the pass of certificate of that promotion, to which it will be issued by the chamber
municipal or by CCDR within eight days.
5-If the certificate is negative, the person concerned may directly promote the consultations
that no hajam has been carried out or ask the administrative court to inteam the
city hall or the CCDR to do so, pursuant to Art. 112 of the present
diploma.
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SUBSECTION II
Prior information
Article 14.
Request for prior information
1-Any interested may ask the city hall, in advance, for information
on the feasibility of carrying out certain urbanistic or joint operation of
directly related urbanistic operations, as well as on the respective
legal or regulatory constraints, particularly relating to below-
structures, administrative servitude, and public utility constraints, indexes
urbanistic, cércees, departments and too much conditioners applicable to the pretension.
2-When the application respects the operation of lotement, in area not covered by
plan of detail, or the construction, extension or alteration work in area no
covered by detail plan or loteeing operation, the person concerned may
require the prior information to specifically take into account the following aspects,
as a function of the intended information and the elements presented:
a) The volumetric, alignment, cércea, and implantation of the edification and the walls of
gasket;
b) Conditioners for an appropriate formal and functional relationship with the
engaging;
c) Program of use of the buildings, including the gross construction area a
affect to the various uses and the number of fires and other units of use;
d) local infrastructure and connection to general infrastructure;
e) Estimation of urbanistic charges due;
f) Yielding Areas intended for the implantation of green spaces, equipments of
collective use and viary infrastructure.
3-When the person concerned is not the owner of the building, the request for information
prior includes identification of that good as well as holders of any other right
real about the building, through a certificate issued by the conservatory of the predial register.
4-In the case provided for in the preceding paragraph, the municipal chamber shall notify the
owner and the remaining holders of any other real right over the building of the
opening of the procedure.
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Article 15.
Consultations in the context of the prior information procedure
In the context of the prior information procedure there is room for external consultations in the
terms of Articles 13, 13-A and 13-B, to entities whose opinions, authorizations or
approvals conditional, in the terms of the law, the information to be provided, where such
consultation should be promoted in an eventual application for licensing or presentation
of prior communication.
Article 16.
Decision
1-A The municipal chamber decides on the request for prior information within 20
days or, in the case provided for in Article 14 (2), within 30 days counted from:
a) of the date of receipt of the application or of the items requested pursuant to paragraph 3 of the
article 11; or
b) From the date of receipt of the last of the opinions, permits or approvals issued
by the entities outside the municipality, when there has been place for consultations; or
still
c) of the expiry of the deadline for the receipt of opinions, authorisations or approvals,
whenever any of the entities consulted do not address up to that date.
2-The opinions, authorisations or approvals issued by the external entities to the
Municipality are obligatorily notified to the applicant together with the
prior information approved by the municipal chamber, of it being an integral part.
3-A city hall indicates always, in the favourable information, the procedure of
prior control to which it is subject to the realization of the urbanistic operation
designed, in accordance with the provisions of Section I of Chapter II of this diploma.
4-In the event that the information is unfavorable, it must appear in the indication of the
terms in which the same, where possible, may be revised in form to be
fulfilled the applicable urbanistic prescriptions, specifically the constants of
municipal land-use planning or lotion operation plan.
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Article 17.
Effects
1-A favourable prior information links the competent entities in the decision on
an eventual application for the licensing or submission of prior communication of the
urbanistic operation to which it respects and, when handed down in the terms of the nº.2 of the article
14., shall have the effect of the subjection of the urbanistic operation concerned, to be carried out in the
exact terms that was appreciated, to the regime of prior communication and dispensation to
realisation of new external consultations.
2-The possible application for licensing or submission of prior communication
provided for in the preceding Article shall be carried out within one year after the decision
favourable request for prior information and, in the case of planned in the final part of the n.
1, it is accompanied by statement by the authors and coordinator of the projects that the
urbanistic operation respects the constant limits of the decision of the information.
3-Elapsed the time limit set in the preceding paragraph, the particular may apply to the
speaker of the chamber the statement that they hold the assumptions of fact and of
right that led to the previous favourable decision, and should the same decide on the deadline
of 20 days and running new deadline of one year to make the submission of applications
of licensing or prior communication if the assumptions remain or if
the mayor of the city hall has not responded within the legally foreseen time frame.
4-Do not suspend the licensing procedures or prior communication
required or presented with support in prior information in the areas to be covered
by new urbanistic rules, municipal or special plan constants of
spatial planning or its review, as of the date set for the beginning of the
public discussion and up to the date of the entry into force of that instrument.
SUBSECTION III
License
Article 18.
Scope
1-Obeys the procedure regulated in this subsection the appreciation of the
requests relating to the urban planning operations provided for in Article 4 (2)
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2-[repealed].
Article 19.
[revoked]
Article 20.
An appreciation of the projects of edification works
1-A appreciation of the design of architecture, in the case of application for licensing
relating to works provided for in points (c), (d), (e), (f) and (g) of Article 4 (2), focuses
on their compliance with municipal planning plans in the territory,
special plans for spatial planning, preventive measures, area of
priority urban development, priority construction area, servitude
administrative, public utility restrictions and any other legal standards and
regulatory for the exterior aspect and the urban and landscape insertion of the
edifices, as well as on the proposed use.
2-For the effects of the preceding paragraph, the appreciation of the urban insertion of the
edifices is carried out in the formal and functional perspective, taking the attention of the
edited existing, as well as the surrounding public space and infrastructures
existing and anticipated.
3-A town hall deliberates on the draft architecture within 30 days
counted from:
a) of the date of receipt of the application or of the items requested pursuant to paragraph 3 of the
article 11; or
b) From the date of receipt of the last of the opinions, permits or approvals issued
by the entities outside the municipality, when there has been place for consultations; or
still
c) of the expiry of the deadline for the receipt of opinions, authorisations or approvals,
whenever any of the entities consulted do not address up to that date.
4-The person concerned shall present the engineering projects of the specialties
necessary for the implementation of the work within six months of the notification of the act
which approved the draft architecture, if it did not submit such projects
with the initial application.
5-The mayor will be able to extend the period referred to in the preceding paragraph by
89
one time and for a period not exceeding three months, upon application
reasoned submitted before the respective term.
6-A lack of presentation of the projects of specialty engineering on the deadline
set out in paragraph 4, or in that which result from the extension granted in the terms
of the preceding paragraph, implies the suspension of the licensing process for the period
maximum of 6 months, finishes which is declared to lapse after prior hearing of the
interested.
7-[repealed]
8-The statements of responsibility of the authors of the projects of the engineering of
specialties that are enrolled in public association constitute guarantee
quite a lot of compliance with the legal and regulatory standards applicable to the
projects, excluding their prior assessment, saved when the statements are
formulated in accordance with Article 10 (5).
Article 21.
An appreciation of loosing projects, urbanization works and works of
remodeling of land
The appreciation of the loteeing projects, works of urbanization and the work of
remodelling of land by the municipal chamber focuses on its compliance with
municipal land-use planning plans, special planning plans
territory, preventive measures, priority urban development area, area of
priority construction, administrative servitude, public utility constraints and
any other applicable legal and regulatory standards, as well as on the use and
urban and landscaping integration.
Article 22.
Public consultation
The municipalities may determine, by means of municipal regulation, the preview
suject the public discussion the licensing of loteing operations with
significant urbanistic relevance.
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Article 23.
Final deliberation
1-A The municipal chamber deliberates on the application for licensing:
a) Within 45 days, in the case of operation of lotement;
b) Within 30 days, in the case of urbanization works;
c) Within 45 days, in the case of works provided for in points (c) and (d), (e), (f) and (g) of the n.
2 of Article 4;
d) [revoked]
2-[repealed]
3-The time limits provided for in points (a) and (b) of paragraph 1 shall be counted as:
a) of the date of receipt of the application or of the items requested pursuant to paragraph 3 of the
article 11;
b) From the date of receipt of the last of the opinions, permits or approvals issued
by the entities outside the municipality, when there has been place for consultations; or
still
c) of the expiry of the deadline for the receipt of opinions, authorisations or approvals,
whenever any of the entities consulted do not address up to that date.
4-The time limit set out in paragraph 1 (c) shall be:
a) From the date of the presentation of the projects of specialty engineering or the date
of the approval of the draft architecture, if the person concerned has presented them
together with the initial application; or
b) When there is the consultation of external entities, as of the date of receipt of the
last of the opinions, authorizations or approvals; or still
c) of the expiry of the deadline for the receipt of opinions, authorisations or approvals,
whenever any of the entities consulted do not address up to that date.
5-When the application for the licensing of urbanization works is submitted in
concurrent with the application for the licensing of loteeing operation, the deadline
provided for in paragraph 1 (b) is due to the deliberation approving the request for
lotting.
6-In the case of the works provided for in points (c), (d) and (e) of Art. 4 (2), the chamber
municipal may, the application of the person concerned, approve a partial permit for
construction of the structure, immediately after the delivery of all the projects of the
specialty engineering and provided that the approved project is approved
91
architecture and provided surety for demolition of the structure to the floor of smaller quota
in case of improper.
7-In the cases referred to in the preceding paragraph, the deferrous of the application for leave
partial gives way to the emission of alvshall.
Article 24.
Dismissal of the application for licensing
1-The application for licensing is undue when:
a) Violate municipal planning of land use planning, special plan of
spatial planning, preventive measures, area of urban development
priority, priority construction area, administrative servitude, restriction of
public utility or any other applicable legal and regulatory standards;
b) Exist statement of public utility for expropriation effects covering the
building the subject of the application for licensing, unless such a declaration has an end to
realization of the urban operation itself;
c) Tiver has been the subject of a negative opinion, or refusal of approval or authorization of
any entity consulted in the terms of this diploma whose decision is
binding on municipal bodies.
2-When the application for licensing is for the purpose of carrying out the operations
urbanities referred to in points (a) to (c), (d), (e) and (g) of Article 4 (2), the
improper may still take place on the grounds of:
a) The urban planning operation negatively affects the archaeological heritage,
historical, cultural or landscaped, natural or edited;
b) The urbanistic operation is demonstrably an overload
importable to existing general infrastructure or services or imply, to
the municipality, the construction or maintenance of equipment, the carrying out of work
or the provision of services by this unforeseen, specifically as to
wastewater and water supply networks, electrical energy or
sanitation.
3-[repealed]
4-When the application for licensing is for the purpose of carrying out the works
referred to in paragraph 2 (c) and (d) of Article 4 (2), may still be dismissed when the
work is likely to clearly affect the access and use of real estate
92
classified of national interest or public interest, the aesthetics of the stands, the
its proper insertion into the urban environment or the beauty of the landscapes,
in particular as a result of the disconformity with the dominant cércees, the
volumetric of the edifices and other prescriptions expressly provided for in
regulation.
5-The application for the licensing of the works referred to in point (c) of Article 4 (2)
must be dismissed in the absence of washer or infrastructure from
water supply and sanitation or if the projected work constitutes,
demonstrably, an unbeatable overload for existing infrastructures.
6-[repealed]
Article 25.
Reexamination of the application
1-When there is draft decision to dismiss with the fundamentals
referred to in paragraph 2 (b) and in paragraph 5 of the preceding article, there may be deferrous of the
application provided that the applicant, at the prior hearing, is committed to carry out the
necessary work or to assume the burdens inherent in its implementation, as well as
operating charges for infrastructure for a minimum period of 10
years.
2-[repealed]
3-In the event of a dewound pursuant to paragraph 1, the applicant shall, before the issue
of the alvshall, to conclude with the municipal chamber contract concerning compliance with the
obligations assumed and to provide adequate collateral, benefiting from reduction
proportional or exemption from the fees for realization of urbanistic infrastructure, in the
terms to be fixed in municipal regulation.
4-A the provision of the surety referred to in the preceding paragraph, as well as the implementation or
maintenance of the urbanization works that the person concerned undertakes to carry out or
the municipal chamber understands indispensable, must be mentioned expressly
as a condition of the dewound of the application.
5-The provision of the surety referred to in paragraph 3 applies, with the necessary adaptations,
the provisions of Article 54.
6-The charges to be borne by the applicant under the contract referred to in paragraph 3
must be proportional to the overload for existing infrastructure resulting from the
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urbanistic operation.
Article 26.
License
The final deliberation of deferral of the application for licensing connates the
license for the realization of the urbanistic operation.
Article 27.
Changes to the licence
1-A The application of the person concerned, the terms and conditions of the person may be changed
license.
2-[repealed]
3-Without prejudice to the provisions of Article 48, the amendment of the operating licence of
lotion cannot be approved if written opposition from most of the
owners of the constant lots of the alvshall, and shall, to the effect, the manager of
procedure to proceed to your notification for pronunciation within 10 days.
4-A amendment to the licence complies with the procedure set out in the present
subsection, with the specialties set out in the following numbers.
5-It is waived the consultation of the outside entities to the municipality since the application
of change if in accordance with the assumptions of fact and right of opinions,
authorisations or approvals that have been issued in the procedure.
6-In the procedure of the amendment are used the documents set out in the
process that will remain valid and appropriate, promoting the city hall,
when necessary, the update of them.
7-A amendment of the licence gives way to addition to the alvshall, which, in the case of operation
of loosing, shall be communicated officiously to the conservatory of the predial register
competent for the purpose of averaging, containing the communication the elements in
that translates to change.
8-The changes to the loteeing permit, with or without variation in the number of lots,
that translates into the variation of the deployment or construction areas by 3%,
as long as they do not imply increase in the number of fires, change of parameters
urbanistics or constant uses of municipal planning of planning
94
territory, are approved by simple deliberation of the city hall, with dispensation
of any other formalities, without prejudice to the other legal provisions and
applicable regulations.
9-Except for the provisions of paragraphs 3 a to 6 the changes to the conditions of the licence that
to refer to the deadline for completion of the licensed urban planning operations or the
amount of the surety for guarantee of the urbanization works, which are governed by the
articles 53, 54 and 58.
SUBSECTION IV
Authorization
Article 28.
[Revoked]
Article 29.
[Revoked]
Article 30.
[Revoked]
Article 31.
[Revoked]
Article 32.
[Revoked]
Article 33.
[Revoked]
SUBSECTION V
Prior communication
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Article 34.
Scope
Complies with the procedure regulated in this subsection the carrying out of the operations
urbanities referred to in Article 6 (3)
Article 35.
Communication to the city hall
1-A The prior communication is addressed to the mayor of the city hall,
accompanied by the instructory elements set by the porterie referred to in para.
4 of Article 9, of a term of liability pursuant to Art. 10 and of the
specifications as referred to in Article 77 (1), with the effects provided for in its
n. 3.
2-The urban planning operations carried out under prior communication shall
observe the legal and regulatory standards that are applicable to them,
specifically the instrument constants of territorial management and the standards
construction techniques.
3-A The prior communication is accompanied by the instructory elements set by the
would porterie referred to in Article 9 (4), of an expiry of liability in the terms
of Article 10 and of the specifications referred to in Article 77.
Article 36.
Rejection of prior communication
1-Without prejudice to the provisions of Article 11º, within 20 days of the delivery of the
communication and too much of the elements referred to in the previous article, the President of
city hall must reject communication when it veris that the work violates the
applicable legal and regulatory standards, specifically the plan constants
municipal land-use planning, or the technical standards of construction in
vigour, or violates the existing terms of prior information.
2-The time frame specified in the preceding paragraph is 60 days when consultation is taken place
external entities.
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Article 36-The
Administrative act
1-Elapsed the time limit provided in the previous article without prior communication having
has been rejected, is made available in the computer system provided for in Article 8.
information that the communication was admitted.
2-A The provision referred to in the preceding paragraph is worth as a practice of the act
administrative admission of admission of prior communication.
3-After the admission of the prior communication, the person concerned may initiate the works,
by making the payment of the fees due through autoliquidation beforehand.
SUBSECTION VI
Special procedures
Article 37.
Urban planning operations whose project lacks approval from the central administration
1-The urban planning operations referred to in Article 4 and 6 whose project, pursuant to the
special applicable legislation, lack of approval from the central administration,
notably those relating to industrial ventures, establishments
commercials, precincts of public performances and amusements and those that take place
in rated real estate or in sorting routes and their respective areas of
protection are also subject to prior licence or communication, pursuant to the
provisions of this diploma.
2-Unless the provisions of special law, the municipal bodies may not approve
prior favorable information, nor to defer requests for leave or communications
previeways concerning urban planning operations provided for in paragraph 1, without the applicant
present document proving the approval of the central administration.
3-The deadlines for the city hall to decide on requests for information
prior, of licence or prior communication to urban planning operations provided for in paragraph 1
count as from the date of delivery by the applicant of the document referred to in the
previous number.
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Article 38.
Touristic ventures
1-Tourist ventures are subject to the legal regime of the operations of
lotion in cases where it is intended to carry out the legal division of the field in
lots.
2-In the situations referred to in the preceding paragraph, the provisions of the article shall not apply
41., and the loteing operation may be carried out in areas where the tourist use
is compatible with the provisions of valid territorial management instruments and
effective.
Article 39.
Prior authorization of location
Where the works are located in area that in the terms of plan of urbanization,
details plan or permit or prior loteing communication in force is
expressly affects the proposed use, the prior authorization of
location that, under the law, should be issued by the organs of the
central administration, without prejudice to the remaining permits or approvals required
by law relating to administrative servitude or restrictions of public utility.
Article 40.
[revoked]
SECTION III
Special conditions of licensing or prior communication
SUBSECTION I
Loteeing operations
Article 41.
Location
The lotting operations can only be carried out in areas located within the
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urban perimeter and on already urbanized land or whose urbanization is found to be
programmed in municipal planning of spatial planning.
Article 42.
Opinion of the Commission for Coordination and Regional Development
1-The licensing of loteeing operation that takes place in area not covered
by any municipal planning of land use planning is subject to opinion
favorable advance of the CCDR to which it applies with the necessary adaptations o
provisions of Article 13 (4) and 5.
2-The opinion of the CCDR is intended to evaluate the loteeing operation of the point of
view of the spatial planning and to check its articulation with the instruments
of territorial development provided for in the law.
3-The CCDR's opinion lapses within two years, unless, within that time limit,
it is licensed the operation of lotement, or, once sold out, do not exist
changes in the assumptions of fact and law in which the opinion is founded.
4-A submission of application in the terms referred to in Article 112 suspending the
term count referred to in the preceding paragraph.
Article 43.
Areas for green spaces and collective use, infrastructure and equipment
1-Lotting projects should provide for areas aimed at the deployment of
green spaces and collective use, viary infrastructure and equipment.
2-The parameters for the dimensioning of the areas referred to in the preceding paragraph
are those that are defined in municipal planning of spatial planning.
3-To aim at whether the loteing project respects the parameters to which it alludes the
previous number consider whether parcels of private nature to be allocated to those
purposes want the parcels to be ceding to the city hall under the following article.
4-Green and collective use spaces, viary infrastructure and
equipment of a private nature constitute common parts of the lots resulting from the
lotion operation and the buildings that in them come to be built and govern-
if by the provisions of Articles 1420 to 1438.-A of the Civil Code.
99
Article 44.
Cedencies
1-The owner and the remaining royal rights holders about the building loom cedem
free of charge to the municipality the plots for deployment of public green spaces
and equipment for collective use and infrastructure which, in accordance with the law and
the prior license or communication, should integrate the municipal domain.
2-For the purposes of the preceding paragraph, the applicant shall mark the areas of
ceding to the municipality in plant to deliver with the application for licensing or
prior communication.
3-Land parcels ceded to the municipality integrate into the municipal domain
with the issuance of the alvshall, or, in the situations provided for in Article 34, through
instrument of its own to be carried out by the municipal chamber's privative notary on the deadline
provided for in Article 36º (1), owing to the municipal chamber to define at the time of
receipt of the parcels allocated to the public and private domains of the municipality.
4-If the building to loom is already served by the infrastructure referred to in point (s)
(h) of Article 2 or not to be justified in the location of any equipment or space
public green in the said building, or still in the cases referred to in paragraph 4 of the article
previous, there is no place to any ceding for these purposes, however, the
owner thanks to the payment of a compensation to the municipality, in
cash or in kind, under the terms set out in municipal regulation.
Article 45.
Reversal
1-The transferor has the right of reversal on the parcels ceded in the terms of the article
previous whenever these are affected to the various purposes of those so that hajam was
ceded.
2-The exercise of the right of reversal provided for in the preceding paragraph applies, with the
necessary adaptations, the provisions of the Code of Expropriations.
3-In the alternative to the exercise of the right referred to in paragraph 1 or in the case of paragraph 9, the
vendor may require the municipality for compensation, to be determined on the terms
set out in the Code of Expropriations with reference to the end to which it is found
affects the plot, calculated at the date on which there could be place to reversion.
100
4-The plots which, in accordance with paragraph 1, have reverted to the transferor stay
subject to the same purposes to which they are supposed to be affected when they are yielding,
save when dealing with parcel to be allocated to the equipment of collective use,
owing in such a case it is to affect the green space, proceeding still to the averaging
of that fact in the respective alvshall and integration in the admission of prior communication.
5-The rights referred to in paragraphs 1 a to 3 may be exercised by the owners of,
at least one third of the lots constituted as a result of the operation of
lotting.
6-Havendo real estate built in the reversed installment, the court can order its
demolition, the application of the transferor, pursuant to the terms set out in Articles 37 and
following of Law No. 15/2002 of February 22.
7-The municipality is responsible for the damage caused to the owners of the real estate
referred to in the preceding paragraph, pursuant to the terms set out in the Decree-Law No. 48051, of
November 21, 1967, in the matter of unlawful acts.
8-The demolition provided for in paragraph 6 shall apply to the provisions of Articles 52 and below.
of Decree-Law No. 794/76 of November 5.
9-The right of reversal provided for in paragraph 1 shall not be exercised when the purposes of
ceded plots are amended under the provisions of Article 48 (1).
Article 46.
Management of infrastructure and green spaces and collective use
1-A The management of infrastructure and green spaces and collective use can
be entrusted to residents or groups of residents of the crowded and urbanized areas,
upon the conclusion with the municipality of cooperation agreements or contracts of
grant of the municipal domain.
2-Cooperation agreements may focus, inter alia, on the following
aspects:
a) Cleaning and hygiene;
b) Conservation of existing green spaces;
c) Maintenance of recreation and leisure equipment;
(d) surveillance of the area, so as to prevent its degradation.
3-concession contracts must be concluded whenever you intend to carry out
investments in equipment of collective use or fixed installations and not
101
demountable in green spaces, or the maintenance of infrastructures.
Article 47.
Contract of concession
1-The principles to which they should subordinate the administrative contracts of
granting of the municipal domain referred to in the previous article are established
in a diploma of its own, in which the rules to be observed in regard to the term of
effective, content of the right of deprivative use, obligations of the concessionaire and the
municipality in connection with the realization of works, provision of services and maintenance of
infrastructure, guarantees to be provided and modes and terms of the kidnapping and termination.
2-A use of the areas granted in the terms of the previous number and the implementation
of the respective contracts are subject to the supervision of the municipal chamber, in the
terms to be established in the diploma referred to therein.
3-The contracts referred to in the preceding paragraph shall not, under penalty of nullity of the
respective clauses, prohibit the access and use of the space concessionated by part
of the public, without prejudice to the limitations to such access and use that are admitted
in the diploma referred to in paragraph 1.
Article 48.
Implementation of territorial planning instruments and other instruments
urbanistic
1-The conditions of the licence or prior communication of loteeing operation
may be amended on the initiative of the city hall, provided that such an amendment is
show necessary for the implementation of municipal planning of spatial planning, plan
special of spatial planning, area of priority urban development,
priority construction area or critical area of recovery and conversion
urbanistic.
2-A deliberation of the municipal chamber which determines the changes referred to in
previous Article number is duly substantiated and implies the issuance of new alvshall, and the
publication and submission to the record of this, at the expense of the municipality.
3-A The deliberation referred to in the preceding paragraph shall be preceded by the prior hearing of the
holder of the alvshall or communication and too much interested, who have the deadline of 30
102
days to speak out on the draft decision.
4-A legal person who approves the instruments referred to in paragraph 1 that determine
directly or indirectly the damage caused to the holder of the alvshall and too much
interested, by virtue of the exercise of the faculty provided for in paragraph 1, is responsible
by the same in the terms set out in the Decree-Law No. 48051, 21 of
November 1967, in respect of liability for lawful acts.
Article 48-The
Changes to the operation of loteeing the subject of prior communication
Without prejudice to the provisions of the previous article, the amendment of loteeing operation
admitted to the subject of prior communication can only be submitted if it is demonstrated
the non-opposition of most of the owners of the constant lots of the communication.
Article 49.
Legal business
1-In the headings of snatching or other court documents, as well as in the
instruments relating to acts or legal business of which it results, direct or
indirectly, the constitution of batches pursuant to Article 2 (i), without
prejudice to the provisions of Articles 6 and 7, or the transmission of lots legally
constituted, shall appear the number of the alvshall or of the prior communication, the date of the
its issuance or admission by the city hall, expiry date and the certificate of the
predial record.
2-No public offices of first real estate transmission can be celebrated
built in the lots or autonomous fractions of such real estate without it being displayed,
before the notary, certificate issued by the city hall, voucher of the reception
provisional of the works of urbanization or certificate, issued by the city hall,
proving that the surety referred to in Article 54 is sufficient to guarantee the
good execution of the urbanization works.
3-Should urbanization works be carried out in the terms of Articles 84 and 85,
the scriptures referred to in the preceding paragraph may be celebrated upon display
of certifying, issued by the city hall, substantiation of the completion of such works,
duly executed in accordance with the approved projects.
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4-A display of the certificates referred to in paragraphs 2 and 3 is dispensed whenever the alvshall
of lotement has been issued under the Decrees-Leis n. ºs 289/73, from 6 of
June, and 400/84, of December 31.
Article 50.
Fractionation of rustic buildings
1-When fracking of rustic buildings applies the willing in the Decrees-Laws n. ºs
384/88, of October 25, and 103/90, of March 22.
2-The legal business of which results the fractionation or division of buildings
rustics are communicated by the intervening parties to the municipal chamber of the site of the
situation of the buildings, which promotes the communication of the same to the Institute
Portuguese Geographical.
3-A communication referred to in the preceding paragraph shall be made within 20 days
from the celebration of the business.
Article 51.
Registral information
1-The conservative of the predial register refers monthly to the CCDR, up to the day 15 of
each month, copy of the elements relating to loteeing operations and respective
attachments whose records have been required in the previous month.
2-[repealed]
Article 52.
Advertising for divestance
In advertising to the disposal of lots of land, of buildings or autonomous fractions
in them built, under construction or to build, it is mandatory to mention the number
of lotement or prior communication and the date of its issuance or
admission by the municipal chamber, as well as the respective shelf life.
SUBSECTION II
Works of urbanization
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Article 53.
Conditions and period of implementation
1-With the deliberation provided for in Article 26 or by means of municipal regulation
in the situations provided for in Article 34, the competent body for the licensing of the
works of urbanization establishes:
a) The conditions to be observed in the execution of the same, where the compliance is included
of the provisions of the scheme for the management of construction waste and demolition in them
produced, and the deadline for its completion;
a) The conditions to be observed in the execution of the same, where the compliance is included
of the provisions of the scheme for the management of construction waste and demolition in them
produced, and the deadline for its completion;
b) the amount of the collateral intended to ensure the good and smooth execution of the works;
c) The general conditions of the urbanization contract referred to in Article 55, if it is
case of this.
2-In the situations provided for in Article 34, the term of implementation shall be as fixed by the
interested, and may not, however, exceed the limits set by
municipal regulation.
3-The deadline set out in accordance with paragraph 1 (a) and paragraph 2 may be
extended the reasoned application of the person concerned, for a single time and by
period not more than half of the initial term, when it is not possible to complete the
works within the time frame for the established effect.
4-When the work finds itself in phase of finishes, it can still the president of the
city hall, the reasoned application of the person concerned, grant new
prolongation, upon payment of an additional to the rate referred to in paragraph 2 of the article
116., of amount to be fixed in municipal regulation.
5-The time limit referred to in paragraph 2 may still be extended as a result of amendment
of the license or prior communication admitted.
6-A extension of the term in the terms referred to in the preceding paragraphs does not give way
to the issue of new alvshall not to the presentation and admission of new communication
prior, and should be averaged in the existing alvwill or communication.
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7-The conditions of the license or prior communication of urbanization works may
be amended on the initiative of the city hall, in the terms and with the fundamentals
set out in Article 48 para.
Article 54.
Collateral
1-The applicant or communicant provides collateral designed to ensure the good and regular
execution of the urbanization works.
2-A The surety referred to in the preceding paragraph shall be provided in favour of the city hall,
upon autonomous bank guarantee to the first solicitation, mortgage on goods
real estate owned by the applicant, deposit in cash or insurance-collateral, owing
record of the title itself that the same is subject to updating pursuant to paragraph 4
and holds valid until the final reception of the urbanization works.
3-The amount of the surety is equal to the constant value of the budgets for execution
of the projects of the works to be implemented, eventually corrected by the city hall
with the issue of the licence, to which an amount may be increased, not more than 5%
of that value, intended to remunerate administration charges if it shows
necessary to apply the provisions of Articles 84 and 85.
4-The amount of the surety shall be:
a) Reforced, preceding reasoned deliberation of the municipal chamber, having in
attention to the correction of the value of the work by application of the legal rules and
regulatory for price revisions of works contracts
public, when it proves insufficient to ensure the completion of the proceedings, in
case of extension of the period of completion or as a consequence of sharp rise
in the cost of materials or salaries;
(b) Reduced, on the same terms, in accordance with the progress of the work
the application of the person concerned, which must be decided within 15 days.
5-The set of reductions made under the provisions of paragraph (b) of the number
previous may not exceed 90% of the initial amount of the collateral, the
remnant released with the definitive reception of the urbanization works.
6-The reinforcement or reduction of the surety, pursuant to paragraph 4, does not give way to the issuance of
new alvshall or the presentation and admission of new communication.
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Article 55.
Contract of urbanization
1-When the execution of urbanization works involves, by virtue of provision
legal or regulatory or by force of convention, more than one responsible, the
realization of the same can be the subject of an urbanization contract.
2-They are parties to the contract of urbanization, obligatorily, the municipality and the
owner and other holders of real rights over the building and, facultatively, the
companies that provide public services, as well as other entities involved in the
loosing operation or in the urbanization of it resulting in, inter alia
interested in the acquisition of the lots.
3-The contract of urbanization establishes the obligations of the contracting parties
concerning the implementation of the urbanization works and the responsibilities to which
become subject, as well as the deadline for fulfillment of those.
4-When there is place to the celebration of contract of urbanization, it will make mention
in the alvshall or communication.
5-Together with the initial application, communication and at any time of the
procedure up to the approval of the urbanization works, the interested can
present proposal for an urbanization contract.
Article 56.
Execution by phases
1-The person concerned may apply for the execution by stages of the urbanization works,
identifying the works included in each phase, the corresponding budget and the
deadlines within which it is proposed to apply for the respective licence.
2-The application referred to in the preceding paragraph shall be submitted with the application
of loosening licensing, or, when the urbanization works do not integrate
in the operation of lotement, with the application for licensing of them.
3-Each phase shall have internal coherence and correspond to a area of the area to be loom
or urbanize that can function autonomously.
4-The application is decided within 30 days of the date of its
presentation.
5-Admitting the execution by phases, the alvshall covers only the first stage of the works
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of urbanization, implicating each subsequent phase an addition to the alvshall.
6-When it deals with operation carried out under prior communication, the
interested identifies in the communication the phases in which it intends to proceed
of the urbanization works, applying with the necessary adaptations the willing n. ºs
1, 2 and 3.
SUBSECTION III
Works of edification
Article 57.
Conditions of execution
1-A fixed city hall the conditions to be observed in the execution of the work with the
deferral of the application for the licensing of the works referred to in points (c), (d) and (e) of the
n Article 4 (2), and by means of municipal regulation for the works provided for in the
(c) to (h) of Article 6 (1), and shall safeguard compliance with the
provisions of the scheme for the management of construction and demolition waste.
2-The conditions relating to the occupation of the public route or the placement of tapumes and
gaskets are established upon proposal of the applicant, which, in the situations
provided for in points (c) to (h) (h) of Article 6 (1), shall accompany the communication
prior, may not the city chamber amend them but on grounds of the
violation of applicable legal or regulatory standards, or in the need of
articulation with other planned or existing occupations.
3-In the case provided for in Article 113, the conditions to be observed in the execution of the works
are those that are proposed by the applicant.
4-A prior communication for works in area covered by loteeing operation
cannot take place prior to the provisional reception of the respective urbanization works
or of the provision of collateral referred to in Article 54.
5-The provisions of Article 43 shall apply to the licensing procedures or the
prior communication of the works referred to in points (c), (d) and (e) of Art. 4 (2),
as well as those provided for in points (c), (d), and (f) and (f) of the paragraph. 1 of Article 6º, when
respect contiguous and functionally connected buildings with each other, which determine,
in urbanistic terms, impacts similar to a loteing operation, nos
terms to be defined by municipal regulation.
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6-The provisions of Article 44 (4) shall apply to the licensing procedures
or prior communication of the works referred to in points (c), (d) and (e) of paragraph 2 (4º),
as well as those provided for in points (c), (d), (e), and (f) of Article 6º (1), when the
operation behold the creation of areas of viaria and pedonal circulation, green spaces
and privately used equipment.
7-The provisions of the preceding paragraph shall also apply to the procedures of
prior communication of the urban planning operations provided for in paragraphs (d) and (e) of paragraph 1
of Article 6º, provided that it is planned to be carried out in area not covered by
lotion operation.
Article 58.
Deadline for implementation
1-A fixed municipal chamber, with the deferral of the application for the licensing of the
works referred to in points (c) to (g) of Article 4 (2), the period of implementation of the work,
in accordance with the schedule proposed by the applicant.
2-In the situations provided for in points (c) to (h) of Article 6 (1), the term of
execution is that fixed by the person concerned, and may not, however, exceed the limits
fixed by municipal regulation.
3-The time limits referred to in the preceding paragraphs begin from the date of issue
of the respective alvshall, of the date of payment or deposit of the fees or the collateral
in the situations provided for in Article 113, or of the end of the period referred to in paragraph 1 of the
article 36, in the preview of prior communication.
4-The deadline for the completion of the work may be changed by reason of interest
public, duly substantiated, in the act of deinjury referred to in paragraph 1
or, in the situation provided for in paragraph 2, by the end of the period provided for in Article 36 (1).
5-When it is not possible to complete the works at the planned time, this may be
extended, the reasoned application of the person concerned, for a single time and by
period not more than half of the initial term, save the provisions of the figures
following.
6-When the work finds itself in phase of finishes, it may the mayor
municipal, the reasoned application of the person concerned, grant new extension,
upon payment of an additional at the rate referred to in Article 116 (1), of
amount to be fixed in municipal regulation.
109
7-The deadline set in the terms of the previous figures may still be
extended as a result of the change in the licence, as well as the submission of
amendment to the projects submitted with the admitted prior communication.
8-A extension of the term in the terms referred to in the preceding paragraphs does not give way
to the issue of new alvshall not to the presentation and admission of new communication
preview, owing only, to be in these averse.
9-In the case provided for in Article 113, the time limit for the completion of the work is the one that
is proposed by the applicant.
Article 59.
Execution by phases
1-The applicant may opt for the phased implementation of the work, owing to the effect, in
case of urbanistic operation subject to licensing, identify in the project of
architecture the work included in each of the phases and indicate the deadlines, the
count of the date of approval of that project, in which it is proposed to apply for approval
of the projects of specialty engineering relative to each of these phases,
may the municipal chamber set different deadlines on grounds of public interest
duly reasoned.
2-Each phase shall correspond to a part of the useable edifice of use
autonomous.
3-In the cases referred to in paragraph 1, the requirement referred to in Article 20 (4)
should identify the phase of the work to which it reports.
4-A lack of presentation of the application referred to in the preceding paragraph within the
deadlines set out in paragraph 1 implies the expiry of the act of approval of the project of
architecture and the officious archiving of the process.
5-[repealed]
6-Admitting the execution by stages, the alvshall covers only the first stage of the works,
implying each subsequent phase an addition to the alvshall.
7-When dealing with urbanistic operation subject to prior communication, the interested
identifies in communication the phases in which it intends to undertake the execution of the work,
applying with the necessary adaptations to the provisions of paragraphs 1 and 2.
110
Article 60.
Existing buildings
1-The buildings constructed under the previous right and the uses
respective are not affected by super-convenient legal and regulatory standards.
2-A licence or admission of prior communication of reconstruction works or of
alteration of the buildings may not be refused on grounds of legal standards
or regulatory supervenient to construction originating, provided that such works do not
originate or aggravate disconformity with the standards in force, or have as
result the improvement of the conditions of safety and salubrity of the edification.
3-Without prejudice to the provisions of the preceding paragraphs, the law may impose conditions
specific to the exercise of certain activities in edifices already assigned to such
activities under the previous right, as well as conditioning the implementation of the
works referred to in the number preceding the carrying out of the ancilishing works which
show necessary for the improvement of the conditions of safety and salubrity of the
edification.
Article 61.
Identification of the technical director of the work
The holder of the building permit and the presenting of the prior communication stay
required to affix on a plate in imperishable material on the exterior of the building, or
recording in one of its exterior elements, the identification of the technical director of the
work and the author of the architecture project.
SUBSECTION IV
Use of buildings or their fractions
Article 62.
Scope
1-A The permit for use of buildings or their autonomous fractions is intended for
check the compliance of the completed work with the approved project and with the
conditions of the licensing or prior communication.
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2-A permission, when there is no place for the realization of works or when dealing with
alteration of the use or permission of renting for non-housing purposes
of unlicensed buildings or fractions, in accordance with Article 5 (4) of the Decree-
Law No. 160/2006 of August 8, is intended to verify the conformity of the use
provided with the applicable legal and regulatory standards and the suitability of the building
or its autonomous fraction for the intended purpose.
Article 63.
Statement of the order
1-The application for a permit for use shall be instructed with a term of
liability subscribed by the authors of the work project and the director of
labor surveillance, in which those must declare that the work has been performed of
agreement with the approved project and with the conditions of the licence or communication
prior to and, where appropriate, that the changes made to the project are in
compliance with the legal and regulatory standards that are applicable to you.
2-The application for permission under the terms set out in paragraph 2 of the preceding Article shall be
instructed with an end of responsibility subscribed by person enabled to be author
of project under the scheme of the professional qualification of the responsible technicians
by the drafting and underwriting of projects.
Article 64.
Grant of the authorisation of use
1-A permission for use is granted, within 10 days of the
receipt of the application, on the basis of the term of liability referred to in the
previous article, saved in the situation provided for in the following number.
2-The mayor of the city hall, officiously or at the request of the manager of the
procedure and within the time specified in the preceding paragraph, determines the achievement of
survey, to be carried out in the terms of the following article, when you check any of the
following situations:
a) The application for permission to use shall not be instructed with the term of
liability provided for in the previous article;
(b) there are serious indications, particularly on the basis of the constant elements of the
112
process or the book, to be realized in the dispatch that determines the survey, of
that the work is found to be in disconformity with the respective project or conditions
established.
(c) Dealing with the authorisation provided for in Article 62 (2), there are serious indications
that the building, or its autonomous fraction, is not idopold for the intended purpose.
Article 65.
Achievement of the survey
1-A survey takes place within 15 days of the decision of the President of the
chamber referred to in paragraph 2 of the preceding article, where possible on a date to date
waking up with the applicant.
2-A survey is carried out by a commission composed, at a minimum, by three technicians,
to be designated by the city hall, of which at least two must have habilitation
legal to be project author, corresponding to the object of survey, according to the
scheme of the professional qualification of the technicians responsible for drafting and
underwriting of projects.
3-A date of conduct of survey is notified by the city hall to the applicant
of the permission of use, which may make you follow up with the authors of the
projects and the technician responsible for the technical direction of the work, which participate, without
right to vote, in the survey.
4-The findings of the survey are compulsorily followed in the decision on the
application for authorization.
5-In the case of the imposition of alteration works arising from the survey, the issuance of the
authorization required depends on the verification of the proper realization of these works,
by new survey to be applied for by the person concerned, which must elapse within the period of
15 days from the respective application.
6-Not being the survey carried out in the time limits referred to in paragraphs 1 or 5, the applicant
may request the issuance of the title of permission to use, by
presentation of the demonstrator of the application of the same in accordance with Rule 63.
or from the previous number, which is issued within 5 days and without the prior realization
of vistoria.
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Article 66.
Horizontal property
1-In the case of buildings consisting of horizontal property regime, the
authorization may have by object the building in its entirety or each of its
autonomous fractions.
2-A permission for use can only be granted autonomously for one or
more autonomous fractions when the common parts of the buildings in which they integrate
are also in a condition to be used.
3-In case the person concerned has not yet required certification by the chamber
municipal that the building meets the legal requirements for its constitution in
horizontal property regime, such a request may integrate the requirement for
authorization to use.
4-The provisions of numbers 2 and 3 shall apply, with the necessary adaptations, to the
buildings composed of units susceptible to independent use that do not
are subject to the regime of horizontal ownership.
SECTION IV
Validity and effectiveness of acts of licensing, admission of prior communication or
authorization to use
SUBSECTION I
Validity
Article 67.
Requirements
The validity of licences, admission of prior communications or authorizations of
use of urban planning operations depends on their compliance with the standards
legal and regulatory applicable in force at the date of its practice, without prejudice to the
provisions of Article 60.
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Article 68.
Nulities
They are void of licences, admission of prior communications or authorizations of
use provided for in this diploma that:
a) Violates the provisions of the municipal planning of spatial planning, plan
special of spatial planning, preventive measures or loteeing license
in force;
b) Violation of the provisions of Article 37 (2);
c) They have not been preceded by consultation of the entities whose opinions,
authorizations or approvals are legally required, as well as when not
are in compliance with these opinions, authorizations or approvals.
Article 69.
Participation, special administrative action and declaration of nullity
1-The generative facts of the nullities provided for in the previous article and any other
facts that it may result in the unvalidity of the administrative acts provided for in the
present diploma must be participated, by whom they have knowledge, to the
Prosecutor's Office, for the purpose of purposeful of the competent administrative action
special and respective procedural means accessory.
2-When it has for the purpose of acts of licensing, admission of communication
prior use or authorizations of use on the grounds of any of the invalidities
provided for in the previous article, the citation to the licence holder, prior communication or
authorizations of use to challenge the action referred to in paragraph 1 has the effects
provided for in Article 103 for the embargo, without prejudice to the provisions of the number
next.
3-The court may, officiously or at the request of the concerned, authorize the
further proceedings should be continued if the appeal results hints of illegality of its
interposition or its improvenance, and the judge shall decide this matter, when the
it there is place, within 10 days.
4-A the possibility of the organ that issued the act or deliberation declaring the nullity
lapses within 10 years, also lapsing the right to propose the planned action
in paragraph 1 if the facts that have determined the nullity are not participated in the
115
Prosecutor's Office at that time, except for national monuments and
respective buffer zone.
Article 70.
Civil liability of the Administration
1-The municipality responds civilly for the damage caused in the event of a revocation,
cancellation or declaration of nullity of licences or prior communications whenever
the cause of the revocation, cancellation or declaration of nullity results from a conduct
illicit of the holders of their organs or of their servants and agents.
2-The holders of the organs of the municipality and their staff and agents respond
solidarily with the one when they have dolefully given cause to the illegality that
substantiation of revocation, cancellation or declaration of nullity.
3-When the illegality that substantiates the revocation, cancellation or declaration of
nullity results from binding opinion, authorization, or approval legally
Demanded, the entity that issued it responds in solidarity with the municipality, which has
on that right of return.
4-The provisions of this Article in respect of joint liability no
undermines the right of return that to the couber case, in the general terms of law.
SUBSECTION II
Expiry and revocation of the licence or admission of prior communication
Article 71.
Caducity
1-A licence or admission of prior communication for the realization of operation of
loteeing lapse if:
a) the permission for the realization of the respective works shall not be required
urbanization within one year of the notification of the licensing act, or,
in the preview of prior communication, no prior communication is given for the
realization of urbanization works within one year of admission
of that; or if
b) No single alvshall is required as referred to in Article 76 (3) within the period of
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one year from the notification of the act of authorization of the respective works of
urbanization.
2-A licence or admission of prior communication for the carrying out of operation of
loosing that does not require the realization of urbanization works, as well as the license
for the realization of the urban planning operations provided for in points (b) to (e) and (g) of paragraph 2
of Article 4 lapses if, within one year of the notification of the act of
licensing or the admission of prior communication, no issuance is required
of the respective alvshall or initiated the works in the case of prior communication.
3-In addition to the situations provided for in the preceding paragraph, the licence or admission of
prior communication for the realization of the urban planning operations referred to in the number
previous, as well as the license or admission of prior communication for the realization
of loosing operation that requires the realization of urbanization works, lapse
still:
a) If the works are not initiated within nine months from the date of
issuance of the alvshall, of the time limit laid down in Article 36º, or, in the cases provided for in the article
113., of the date of payment of the fees, your deposit or the guarantee of your
payment;
b) If the works are suspended for longer than six months, save if the
suspension proceeding de facto not attributable to the holder of the licence or admission of
prior communication;
c) If the works are abandoned for a period longer than six months;
d) If the works are not completed within the time limit set in the licence or communication
prior to or their extensions, counted from the date of issue of the alvshall or the
deadline provided for in Article 36 (1)
e) [Revoked].
4-For the purposes of the provisions of paragraph (c) of the preceding paragraph, presumed
abandoned the works or works whenever:
a) If they find suspended without reason justification registered in the respective book of
work;
b) Decorram in the absence of the technician responsible for the respective implementation;
c) If you are unaware of the whereabouts of the holder of the respective licence or prior communication
without this there being indicated to the municipal prosecutor's office quite a lot that represents it.
5-The lapses provided for in this Article shall be declared by the chamber
municipal, with prior hearing of the person concerned.
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6-The deadlines to which the previous figures relate are counted in accordance with the
provisions of Article 279 of the Civil Code.
7-Treating license for the realization of loteeing operation or works
of urbanization, the expiry on the grounds provided for in paragraphs 3 and 4 does not produce
effects on batches for which there has already been approved application for
licensing for edifice works or has already been submitted communication
prior to the realization of these works.
Article 72.
Renewal
1-The holder of licence or prior communication that there is lapse may require new
license or present new prior communication.
2-In the case referred to in the preceding paragraph, they will be used in the new process the
elements that have instructed the previous process, as long as the new requirement is
presented within 18 months from the date of expiry or, if this period
it is exhausted, there are no de facto and right changes that justify new
presentation.
3-[repealed]
Article 73.
Repeal
1-Without prejudice to the following number, the licence, the admission of
prior communication or authorizations of use can only be revoked in the
terms set out in the law for the constitutive acts of rights.
2-In cases referred to in Article 105 (2) to leave or the admission of
prior communication may be revoked by the municipal chamber passed the deadline
of six months from the expiry of the deadline set out in accordance with paragraph 1 of the
same article.
SUBSECTION III
Titles of urban planning operations
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Article 74.
Title of licence, admission of prior communication and permission to use
1-The urbanistic operations subject to licensing are titled by alvshall, whose
issue is condition of effectiveness of the license.
2-A The admission of prior communication of urban planning operations is titrated by the
receipt of your presentation accompanied by the voucher of admission to the terms
of Article 36.
3-A The permit for use of the buildings is titled by alvshall.
Article 75.
Competence
It is incumbent upon the chairman of the municipal chamber to issue the licence alvshall for the
realization of the urban planning operations, and may delegate this competence to the
councillors with faculty of subdelegation, or in the leaders of the services
municipal.
Article 76.
Application
1-The person concerned shall, within one year from the date of the notification of the act of
licensing or the authorization of use to apply for the issuance of the respective
alvará, presenting to the effect the elements provided for in the portaria approved by the
member of the Government responsible for spatial planning.
2-Can still the mayor of the city hall, the reasoned application of the
interested, grant extension, for a single time, of the deadline provided in the number
previous.
3-In the case of loosing operation that requires the realization of urbanization works
shall be issued a single alvshall, which shall be required within one year of the
notification of the act of authorization of the urbanization works.
4-Without prejudice to the provisions of Articles 64 and 65, the alvshall shall be issued within the period of
30 days from the submission of the application provided for in the preceding paragraphs, or
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of the receipt of the items referred to in Article 11 (3), provided that
show paid the fees due.
5-The application for the issue of alvshall may only be dismissed on the grounds of the
expiry, suspension, revocation, cancellation or declaration of nullity of the licence or
of the admission of prior communication or in the lack of payment of the fees referred to in
previous number.
6-The alvshall obeys a model type to be established by portaria approved by the
member of the Government responsible for spatial planning.
Article 77.
Specifications
1-The loose-operating licence alvshall or urbanization works shall
contain, in the terms of the licence, the specification of the following elements, depending on
are applicable:
a) Identification of the holder of the alvshall;
b) Identification of the building object of lotement operation or of the works of
urbanization;
c) Identification of the acts of municipal bodies concerning the licensing of the
loosing operation and the urbanization works;
(d) framework of the urban planning operation in municipal planning of planning
territory in force, as well as in the respective unit of implementation, if any;
e) Number of lots and indication of area, location, purpose, area of deployment,
construction area, number of floors and number of fires of each of the batches, with
specification of fires destined for dwellings at controlled costs, when
anticipated;
f) Mandatory Cedencies, their purpose and specification of the plots to be integrated in the
municipal domain;
g) Deadline for the completion of the urbanization works;
h) Mongering of the surety provided and identification of the respective title.
2-The alvshall referred to in the preceding paragraph shall contain, in annex, the plants
representative of the elements referred to in points (e) and (f).
3-The specifications of the alvshall referred to in paragraph 1 shall be binding on the municipal chamber,
the owner of the building, as well as the acquirers of the lots.
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4-The licence alvshall for the realization of the urban planning operations to which they refer
points (b) to (g) and (l) of Article 2 shall contain, in the terms of the licence, the following
elements, depending on whether they are applicable:
a) Identification of the holder of the licence;
b) Identification of the lot or of the building where the works or works are carried out;
c) Identification of the acts of municipal bodies concerning the licensing of the works
or works;
(d) the framework of the works in loteing operation or municipal plan of
planning of the territory in force, in the case of the works provided for in points (b), (c) and e)
of Article 2;
e) the conditionings to which it is subject to leave;
f) The cancers and the number of floors above and below the solder cot;
g) The construction area and the volumetric of the buildings;
h) the use to which the buildings are intended;
i) The period of validity of the licence, which corresponds to the deadline for the completion of the
works or works.
5-The alvshall of permission for use relating to the use of building or its
fraction shall contain the specification of the following elements:
a) Identification of the holder of the licence;
b) Identification of the building or autonomous fraction;
c) The use of which is intended for the building or autonomous fraction.
6-The alvshall referred to in the preceding paragraph shall still be mentioned, when it is case
of this, that the building to which it respects fulfils the legal requirements for the constitution
of the horizontal property.
7-In the case of replacement of the licence alvate holder, the substitute shall owe this
make proof with the speaker of the chamber so that this will proceed to the respective
averaging within 15 days from the date of the replacement.
Article 78.
Advertising
1-The holder of the alvshall shall promote, within 10 days after the issuance of the alvshall,
the affixing in the building object of any urbanistic operation of a warning, visible from the
exterior, which shall remain until the completion of the works.
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2-A issuance of the looming licence allotted shall still be advertised by the
municipal chamber, within the time limit set out in paragraph 1, by:
a) Publication of notice in municipal bulletin and on the Internet page of the municipality
or, when these do not exist, through edital to affix on the pavings of the county and in the
sedes of the freguish joints covered;
b) Publication of notice in a local area newspaper, when the number of lots is
less than 20, or in a national-wide newspaper, in the remaining cases.
3-Compete to the member of the Government responsible for spatial planning
approving, by portaria, the model of the notice referred to in paragraph 1.
4-The notice provided for in the preceding paragraph shall be mentioned, as the cases may be, the
specifications laid down in points (a) to (g) of paragraph 1 and (a) to (c) and (f) to (i) to (i) of paragraph 4 of the article
77.
5-The provisions of the preceding paragraphs apply, with the necessary adaptations, to
situations subject to prior communication.
Article 79.
Cassation
1-The alvshall or the admission of prior communication is cassated by the President of the
city hall when it lapses the licence or admission of prior communication
or when these are revoked, annulled or declared void.
2-A cassation of the alvshall or the admission of prior loteeing communication is
communicated by the mayor of the municipal chamber to the conservatory of the predial register
competent, for the purpose of annotation to the description and cancellation of the registration of the
alvshall and prior communication.
3-With the communication referred to in the preceding paragraph, the Chairman of the chamber
municipal gives equally knowledge to the conservatory of the batches that meet
in the situation referred to in Article 71 (7), requiring this to be the partial cancellation
of the alvshall or of the admission of prior communication pursuant to paragraph 2 (f) of the
Article 101 of the Code of the Predial Register and indicating the descriptions to be maintained.
4-The alvshall cassado is seized by the city hall, following
notification to the respective holder.
5-A admission of prior communication is cassed through the averaging of cassation
to the information provided for in Article 36 (1).
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CHAPTER III
Implementation and surveillance
SECTION I
Start of work
Article 80.
Start of work
1-A The execution of the works and works subject to licence pursuant to the present
diploma can only start after issued the respective alvshall, with the exception of
situations referred to in the following article and save the provisions of Article 113.
2-Works and works subject to the prior communication regime may start
in the terms of Article 36 (3).
3-The works and works referred to in Article 7 can only start after they are issued
the opinions or authorisations referred to therein, or after the course of the time limits set for the
respective issue.
4-Within 60 days of the commencement of work relating to the operations
urbanities referred to in points (c) to (e) of Article 4 (2) shall owe the promoter of the
work to present in the municipal chamber copy of the design of architecture and
of engineering the specialties.
Article 80-The
Information on the beginning of the work and the responsible for the same
1-Within 5 days of the commencement of the proceedings, the prosecutor informs the chamber
municipal from that beginning, communicating also the identity of the person, singular or
collective, tasked with the execution of them.
2-A person charged with the execution of the works is obliged to the exact execution
of the projects and the respect for the conditions of the licensing or prior communication.
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Article 81.
Demolition, excavation and peripheral containment
1-When the licensing procedure there has been preceded by information
favourable preview that binds the city hall, may the mayor
municipal, at the request of the person concerned, allow for the execution of demolition work or
of excavation and peripheral containment up to the depth of the smaller quota floor, soon
after the sanitation referred to in Article 11, provided that escrow is provided for
reposition of the ground in the conditions under which it was found before the start of the
work.
2-In the works subject to licence pursuant to this degree, the decision referred to in the
previous paragraph may be delivered at any time after the approval of the
design of architecture.
3-For the purposes of the preceding paragraphs, the applicant shall submit, depending on
the cases, the demolition plan, the stability project or the draft
excavation and peripheral containment up to the date of the submission of the application referred to in the
same number.
4-The speaker of the chamber shall decide on the application provided for in paragraph 1 within the period of 15
days from the date of your presentation.
5-It is title quite a lot for the execution of the demolition works, excavation or
peripheral containment the notification of the dewound of the respective application, which the
applicant, starting from the beginning of the implementation of the work covered by it, should
keep at the site of the works.
Article 82.
Connection to public networks
1-The alvarás referred to in Article 77 (1) and (4), the admission of
prior communication of Article 36-A, as well as the notification referred to in paragraph 5 of the
previous article, constitute title quite a lot to instruct the applications for connecting the
water, sanitation, gas, electricity and telecommunication networks,
may the applicants choose, upon permission from the supplying entities, by the
realization of the works indispensable to its realization in the conditions
regulatory and techniques defined by those entities.
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2-Up to the presentation of the alvshall of permission to use, the links referred to in
previous paragraph shall be carried out by the deadline set in the respective alvshall or in the
admission of prior communication and may only be extended by the period
corresponding to the extension of that period, save in cases where that alvshall
there has not been issued for reasons exclusively attributable to the city hall.
3-In the situation provided for in Article 113, the applications for binding referred to in paragraph 1
may be instructed with the receipt of the payment or deposit of the fees or the
collateral.
4-In the cases referred to in Article 6 (3), the applications for a connection are instructed
with copy of the receipt of the submission of prior communication and its admission and if
necessary the compatibilization of projects with existing infrastructures, or the
its realization in the case of non-existence, these will be promoted by the entity
prescarer or by the applicant, pursuant to the final part No 1.
SECTION II
Execution of the works
Article 83.
Changes during the execution of the work
1-Changes can be carried out in the project, by communication
prior to the terms set out in articles 35, provided that such communication is
carried out in advance necessary for the works to be completed before
of the submission of the application referred to in Article 63 (1).
2-Can be carried out without dependence on prior communication to the chamber
municipal the changes in works that do not correspond to works that were
subject to prior licensing.
3-The changes in work to the project initially approved or submitted that
involve the realization of magnification works or changes to the deployment of the
editions are subject to the procedure laid down in Articles 27 or 35,
depending on the cases.
4-In the situations provided for in the preceding paragraphs only the
instructory elements that have undergone changes.
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Article 84.
Execution of the works by the city hall
1-Without prejudice to the provisions of this diploma in respect of suspension,
expiry of the licences, authorisations or the admission of prior communication, or of
cassation of the respective alvarás, the municipal chamber, for safeguarding the
cultural heritage, the quality of the urban and the environment, safety
of the edifices and the general public or, in the case of urbanization works, also
for protection of interests of third party purchasers of lots, may promote the
realization of the works on account of the holder of the alvshall or the present of the
prior communication when, because it is attributable to the latter:
a) They have not been initiated within one year from the date of the issuance of the
alvshall or of the period provided for in paragraph 1 of Article 36;
b) Remain interrupted for more than one year;
c) have not been completed within the prescribed period or their extensions, in cases in
that the municipal chamber has declared it to lapse;
d) No such corrections or alterations have been made that hajam been subpoenaed
pursuant to Art. 105 para.
2-A execution of the works referred to in the preceding paragraph and the payment of the expenses
supported with them takes place pursuant to Articles 107 and 108.
3-A The municipal chamber may still accral the cautions referred to in Articles 25 and
54.
4-As soon as it shows repaid of the expenses incurred pursuant to the present
article, the city hall carries out the lifting of the embargo that may have been
enacted or, when it deals with works of urbanization, it emits officiously alvshall alvt,
competing with the speaker of the chamber to give notice of the respective deliberations,
where appropriate, to the regional direction of the environment and planning
territory and the conservative of the predial register.
Article 85.
Implementation of the urbanization works by third party
1-Any acquirer of the lots, of buildings constructed in the lots or fractions
autonomous of the same has legitimacy to apply for judicial authorization for
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to directly promote the implementation of the urbanization works when, by checking in
the situations provided for in paragraph 1 of the preceding article, the town hall does not have
promoted to its execution.
2-The application is instructed with the following elements:
a) Copy of the alvwill or prior communication and its admission;
b) Budget, at current prices of the market, concerning the execution of the works of
urbanisation in accordance with the approved projects and conditions fixed in the
licensing;
c) Any other elements that the applicant understands necessary for the
knowledge of the application.
3-Before deciding, the court notifies the municipal chamber, the holder of the alvshall or the
present the prior communication to respond within 30 days and orders the
realization of the representations that it understands useful for the knowledge of the application,
particularly the judicial inspection of the site.
4-If you defer the application, the court specifically fixes the works to be carried out and the
respective budget and determines that the collateral referred to in Article 54 is to be
your order, in order to answer for the expenses with the works up to the limit of the
budget.
5-In the absence or insufficiency of the surety, the court determines that the costs are
supported by the municipality, without prejudice to the right of return of this on the holder
of the alvshall or the presentable of the prior communication.
6-The process to which the previous figures are referred is urgent and free of cost.
7-Of the sentence is up to appeal in the general terms.
8-Compete to the court court of the comarch where to locate the building in which to
shall carry out the urbanization works to know of the applications provided for in the present
article.
9-A municipal chamber emits officialshall alvate for execution of works by
third, competing for your president to give knowledge of the respective
deliberations to the regional direction of the environment and land use planning and the
conservative of the predial register, when:
a) There has been provisional reception of the works; or
b) Be fully reimbursed for the expenses incurred, should you check the
situation provided for in paragraph 5.
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SECTION III
Completion and reception of the proceedings
Article 86.
Cleaning of the area and repairing damage
1-Completed the work, the owner of the same is obliged to undertake the lifting of the
shipyard, cleaning of the area, according to the regime of waste management of
construction and demolition on it produced, and to the repair of any damage or
deteriorations that it has caused in public infrastructure.
2-Compliance with the provisions of the preceding paragraph shall be a condition of the issuance of the alvshall
of permission to use or the provisional reception of the urbanization works,
save when it has been provided, in time to be fixed by the city hall, collateral
for a guarantee of the execution of the operations referred to in the same number.
Article 87.
Provisional and final reception of the urbanization works
1-It is the jurisdiction of the municipal chamber to deliberate on the provisional reception and
definitive of the urbanization works after its completion and the course of the period of
warranty, respectively, upon application by the person concerned.
2-A reception is preceded by survey, to be carried out by a commission of which they do
part the person concerned or one his representative and at least two representatives of the
city chamber.
3-To the provisional and final reception, as well as to the respective surveys, shall apply,
with the necessary adaptations, the regime applicable to the provisional and final reception
of the endeavor of public works.
4-In the event of a deficiency of the urbanization works, as such marked in the self
survey, if the holder of the urbanization works does not complain or come undue to his
complaint and do not proceed to your correction on the deadline for the fixed effect, the chamber
municipal proceeds in accordance with the provisions of Article 84.
5-The term of guarantee of the urbanization works is five years.
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Article 88.
Unfinished works
1-When the works have already reached an advanced state of execution but the
license or the admission of prior communication there is lapsed, may be required to
grant of special leave for its completion or be submitted communication
preview for the same effect.
2-A The granting of the special licence and the submission of the prior communication referred to
in the preceding paragraph follows the procedure laid down in Articles 27 or 35, depending on
the case, applying the provisions of Article 60.
3-You may be granted the licences or admitted to the communications provided for in the n.
1 or submitted prior communications when the city hall recognizes the
interest in the completion of the work and do not show advisable the demolition of the same,
for environmental, urbanistic, technical or economic reasons.
4-In the case of prior communication the recognition of interest in the completion of the
work takes place through non-rejection by the municipal chamber of communication, by
reference to the fundamentals of the preceding paragraph, within the time limit set out in paragraph 1 of the
article 36 para.
SECTION IV
Use and conservation of the edified
Article 89.
Duty of conservation
1-The buildings are to be the subject of conservation works at least once
in each eight-year period, owing to the owner, regardless of that
deadline, carry out all the necessary works for the maintenance of your safety, salubrity
and aesthetic arrangement.
2-Without prejudice to the provisions of the preceding paragraph, the city hall may at all
time, officiously or the requirement of any interested party, determine the
implementation of conservation works necessary for the correction of poor conditions of
safety or of salubrity or the improvement of the aesthetic arrangement.
3-A city hall may, officiously or at the requirement of any
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interested, order the full or partial demolition of the constructions that threaten ruin
or offer danger to public health and to the safety of people.
4-The acts referred to in the preceding paragraphs shall be effective from their notification
to the owner.
Article 89-The
Prohibition of deterioration
1-The owner cannot, dolly, provoke or aggravate a foul situation
of safety or of salubrity, provoke the deterioration of the building or damage the
your aesthetic arrangement.
2-Presumse, unless otherwise proven, there is a violation by the owner of the
provisions of the previous number in the following situations:
a) When the building, finding full or partially disclenching, has only the
vans of the upper floor or of the unguarded upper floors;
b) When they are missing decorative elements, particularly cantaries or
relevant tile coating, in areas of edification that are not accessible
by the passers-by, being rank that such a lack result from human acting.
3-A The constant prohibition of paragraph 1 shall apply, in addition to the owner, to any
natural or legal person.
Article 90.
Previous survey
1-The deliberations referred to in Article 89 (2) and (3) are preceded by survey
carry out by three technicians to be appointed by the city hall, two of which with
legal habilitation to be an author of project, corresponding to the subject matter of
survey, according to the scheme of the professional qualification of the responsible technicians
by the drafting and underwriting of projects.
2-Of the act determining the achievement of the survey and the respective grounds is
notified the owner of the immovable, upon registered letter dispatched with, by the
less, seven days in advance.
3-Until the eve of the survey, the owner may appoint an expert to intervene in the
realization of the survey and formulate quesitoes to which they should respond to the technicians
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nominees.
4-Of the survey is immediately washed auto, from which it is listed compulsorily to
identification of the immovable, the description of the state of the same and the recommended works and,
well thus, the responses to the quesitons that are formulated by the owner.
5-The self referred to in the preceding paragraph is signed by all the technicians and the expert
that hajam participated in the survey and, if any of them do not want or are unable to sign-
lo, there is mention of that fact.
6-When the owner does not indicate expert until the date referred to in the preceding paragraph, the
survey is carried out without the presence of this, without prejudice to, in possible imputation
administrative or litigation of the deliberation in question, the owner can claim
non-constant facts of the auto de vistoria, when it proves that it was not regularly
notified under the terms of paragraph 2.
7-The formalities provided for in this article may be pretermed when there is
imminent risk of collapsing or serious danger to public health, in the terms
provided for in the law for the state of need.
Article 91.
Coercive works
1-When the owner does not start the works that are determined to him in the terms
of Article 89 or fail to conclude them within the time limits for the purpose thereof
fixed, may the city hall take administrative possession of the immovable to give them
immediate execution.
2-To the coercive execution of the works referred to in the preceding paragraph applies, with the
due adaptations, the provisions of Articles 107 and 108.
Article 92.
Administrative eviction
1-A The municipal chamber can order the summary eviction of the buildings or part of
buildings in which there is to be carried out the works referred to in Article 89 (2) and (3),
where this proves necessary to the execution of them.
2-The eviction referred to in the preceding paragraph may be determined officiously or,
when the owner intends to proceed to the same, the application of this.
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3-A The deliberation that orders the eviction is effective from its notification to the
occupants.
4-The eviction shall take place within 45 days of its notification to the
occupants, save when there is imminent risk of collapsing or serious danger
for public health, where it will be able to perform immediately.
5-To the eviction of occupant holder of lease agreement applies the provisions of
in Decree-Law No. 157/2006 of August 8.
SECTION V
Surveillance
SUBSECTION I
General provisions
Article 93.
Scope
1-A realization of any urban planning operations is subject to surveillance
administrative, regardless of your subjection to prior licensing, admission
of prior communication, authorization of use or exemption of prior control.
2-A administrative oversight is intended to ensure the compliance of those
operations with the applicable legal and regulatory provisions and to prevent them
dangers that from its realization may result to the health and safety of people.
Article 94.
Competence
1-Without prejudice to the powers conferred by law to other entities, the audit
provided for in the previous article competes with the President of the city hall, with the
faculty of delegation in any of the aldermen.
2-The acts carried out by the chairman of the city hall in the exercise of powers
of supervision provided for in this diploma and involving a judgement of legality
of acts practiced by the respective municipal chamber, or which suspend or put up
term to its effectiveness, they may be by this revoked or suspended.
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3-In the exercise of the supervisory activity, the chairman of the municipal chamber is
aided by municipal officials with appropriate training, whom it is incumbent upon
prepare and execute your decisions.
4-The chairman of the city hall may still request collaboration from any
administrative or police authorities.
5-A city hall may hire with private companies enabled to carry out
supervision of works to be carried out of the inspections referred to in the following article,
as well as the surveys referred to in Article 64.
6-A conclusion of the contracts referred to in the preceding paragraph depends on the observance
of the constant rules of regulatory decree, from which the scope of the
obligations to be taken up by the companies, the respective regime of liability and the
guarantees to be provided.
Article 95.
Inspections
1-Municipal officials responsible for the supervision of works or the
private companies referred to in paragraph 5 of the previous article may carry out inspections
to places where to develop activities subject to surveillance in the terms of the
present diploma, without dependence on prior notification.
2-The provisions of the preceding paragraph shall not waiver the obtaining of prior order
judicial for the entry into the domicile of any person without their consent.
3-The warrant provided in the preceding paragraph is granted by the judge of the comarch
respective at the request of the mayor of the city hall and follows the terms of the
common cautionary procedure.
Article 96.
Vistories
1-In addition to the cases specially provided for in this diploma, the President of
city hall may order the realization of surveys to the real estate in which they are
to be executed urban planning operations when the exercise of the powers of
monitoring depends on the proof of facts that, by their nature or special
complexity, imply a valuative appreciation of an expert character.
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2-The surveys ordered pursuant to the preceding paragraph shall be governed by the provisions of the
article 90 and its conclusions are mandatorily followed in the decision to which
respect.
Article 97.
Book of work
1-All relevant facts concerning the execution of licensed works or the subject matter of
prior communication shall be recorded by the respective technical director in the book of
work, to be kept at the site of their achievement for consultation by the officials
municipal officers responsible for the supervision of works.
2-Are compulsorily recorded in the book, in addition to the respective dates
of start and finish, all the facts that entail your stopping or suspension,
as well as all changes made to the licenced project or communified statement.
3-The model, and too much records to be entered into in the book are defined by
joint office of the members of the Government responsible for the public works and the
spatial planning, which also fixes the characteristics of the book
electronic.
SUBSECTION II
Sanctions
Article 98.
Counter-ordering
1-Without prejudice to civil, criminal or disciplinary liability, they are punishable
as counterordinance:
a) The realization of any urbanistic operations subject to prior licensing
without the respective licensing allure, except in the cases provided for in the articles
81. and 113.
b) The realization of any urbanistic operations in disconformity with the
respective project, or with the conditions of the licensing or admittance of the
prior communication;
c) the execution of works in violation of the provisions of Article 80 (2);
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d) Occupation of buildings or their autonomous fractions without permission to use
or at odds with the use fixed in the respective alvshall or the admission of
prior communication, unless these have not been issued within the statutory period by
reasons exclusively attributable to the municipal chamber;
e) The false statements of the authors and coordinator of projects in the term of
liability, in respect of the observance of the general technical standards and
construction specific, as well as legal and regulatory provisions
applicable to the project;
f) The false statements in the term of responsibility of the technical director of the work and
of the Director of Supervisory Work or other technicians relatively:
i) Compliance with the implementation of the work with the approved project and with the conditions
of the licence and prior communication admitted;
ii) To the compliance of the changes made to the project with the legal standards and
applicable regulations;
g) Project underwriting of the authorship of whom, for reasons of technical, legal or
discipline, find yourself inhibited from elaborating;
h) the continuation of works whose embargo has been legitimately ordered;
i) The non-maintenance of visible form on the exterior of the notice building to which rents out the
article 12º;
j) The non-maintenance of visible form from the exterior of the building, up to the completion of the work,
of the notice that advertis the alvshall or the admission of the prior communication;
l) The lack of the book at the site where the works are carried out;
m) the lack of the records of the state of execution of the works in the book;
n) The non-removal of the rubble and too much debris resulting from the work in the terms of the
article 83;
o) The absence of application to be asked to the city hall the averaging of
replacement of the applicant, the project author or director of labor supervision,
as well as from the licence holder of licence or present of the prior communication;
p) The absence of the number of lotement allotment or the admission of communication
prior notices in advertisements or in any other forms of advertising to the disposal of the
lots of land, of buildings or autonomous fractions in it built;
q) The non-communication to the municipal chamber of the legal business that results the
fractionation or the division of rustic buildings within 20 days of the date
of celebration;
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r) The realization of urbanistic operations subject to prior communication without this
there is being carried out and admitted;
s) The non-completion of the urban planning operations referred to in Article 89 (2) and 3.
in the deadlines set for the purpose;
t) The doleful deterioration of the edification by the owner or by third party or the violation
serious of the duty of conservation.
2-A counter-ordinance provided for in points (a) and (r) of the preceding paragraph is punishable by
fine graduates from 500.00 € up to max 200,000.00 €, in the case of person
singular, and from 1,500.00 € up to 450,000.00 €, in the case of legal person.
3-A counter-ordinance provided for in paragraph 1 (b) is punishable by graduated cofine
from 1,500.00 to the maximum of 200,000.00 €, in the case of a natural person, and of
3,000.00 € up to 450,000.00 €, in the case of legal person.
4-A counter-ordinance provided for in points (c), (d), (s) and (t) of paragraph 1 shall be punishable by
fine graduates from 500.00 € up to max 100,000.00 €, in the case of person
singular, and 1,500.00 for up to 250,000.00 €, in the case of legal person.
5-The contra-ordinations provided for in paragraph 1 (e) to (h) are punishable by
fine graduates from 1,500.00 € up to the maximum of 200,000.00 €.
6-The counter-ordinations provided for in points (i) to (n) and (p) of paragraph 1 are punishable by
fine graduated from 250.00 € up to maximum of 50,000.00 €, and from 1,000.00 € up to
100,000.00 €, in the case of legal person.
7-A counter-ordinance provided for in points (o) and (q) of paragraph 1 is punishable by fine
graduated from 100.00 to the maximum of 2,500.00 €, in the case of natural person, and of
500.00 € up to 10,000.00 €, in the case of legal person.
8-When the counter-ordinations referred to in paragraph 1 are practiced in relation to
urbanistic operations that have been the subject of prior communication in the terms of the
this diploma, the maximum amounts of the fines referred to in paragraphs 3 a to 5
previous ones are aggravated in 50,000.00 and those of the fines referred to in paragraphs 6 and 7 in
25,000.00 €.
9-A attempt and neglect are punishable.
10-A competence to determine the prosecution of the proceedings of against-
ordering, to assign the instructor and to apply the fines belongs to the President
of the municipal chamber, and may be delegated to any of its members.
11-The product of the application of the fines referred to in this Article reverses to the
municipality, including when the same are charged in judgement.
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Article 99.
Ancillary sanctions
1-The counter-ordinations provided for in paragraph 1 of the preceding Article may still
determine, when the seriousness of the offence justifies it, the application of the following
ancillary sanctions:
a) the seizure of the objects belonging to the agent that have been used as
instrument in the practice of the infringement;
(b) the interdiction of the exercise in the municipality, up to the maximum of four years, of the
profession or related activity with the offence practiced;
c) The deprivation of the right to subsidies heard by entities or public services.
2-The penalties provided for in paragraph 1, as well as those provided for in the previous article, when
applied to civil construction industrialists, are communicated to the Institute of the
Construction and Real estate, I. P.
3-The sanctions applied under the provisions of paragraphs (e), (f) and (g) of paragraph 1 of the
previous article to the authors of the projects, responsible for the technical direction of the work
or to whom they subscribe to the term of liability provided for in Article 63 are
communicated to the respective order or professional association, when it exists.
4-A interdiction of activity exercise provided for in point (b) of paragraph 1, when
applied to the legal person, extends to other legal persons constituted by the
same partners.
Article 100.
Criminal responsibility
1-The disrespect of administrative acts that determine any of the measures of
tutelage of the urbanistic legality provided for in this diploma constitutes a crime of
disobedience under the terms of Article 348 of the Criminal Code.
2-The false statements or information provided by the responsible persons in the
points (e) and (f) of Article 98 (1) in the terms of responsibility or in the book of
work integrate the crime of falsification of documents, pursuant to Article 256 of the
Penal code.
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Article 101.
Responsibility of officials and agents of the Public Administration
The officials and actors of the Public Administration who cease to participate
infractions to the supervising entities or provide false or wrong information about the
infringements of the law and the regulations of which they have knowledge in the exercise of their
functions incur disciplinary responsibility, punishable with penalty of suspension to
resignation.
Article 101-The
Legitimacy for the complaint
1-Any person has legitimacy to communicate to the city hall, to the
Prosecutor's Office, to the orders or professional associations, to the Institute of Construction
and of the Real estate, I. P. or other competent entities the violation of the standards of the
present diploma.
2-They are not admitted to anonymous complaints.
SUBSECTION III
Tutelage measures of urban legality
Article 102.
Embargo
1-Without prejudice to the powers conferred by law to other entities, the President
of the city hall is competent to embark on works of urbanization, of
edification or demolition, as well as any remodeling works of
land, when they are being implemented:
a) Without the necessary license or admission of prior communication;
b) In discompliance with the respective project or the conditions of the
licensing or prior communication admitted, save the provisions of Article 83; or
c) In violation of the applicable legal and regulatory standards.
2-A notification is made to the responsible for the technical direction of the work, as well as to the
holder of the licence alvshall or presentable of the prior communication and, when
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possible, to the owner of the immovable in which the works are being executed, or their
representative, being sufficient to compel the suspension of any work
of these notifications or that of whom you find yourself performing the work on the spot.
3-After the embargo, it is immediately washed the respective auto, which it contains, compulsory
and expressly, the identification of the municipal official responsible for the
supervision of works, witnesses and the notified, the date, time and place of the
diligence and the reasons of fact and law that justify it, the state of the work and the
indication of the order of suspension and prohibition of continuing the work and the respective
term, as well as the legal cominations of its default.
4-The auto is drawn up in duplicate and signed by the employee and the notified,
getting the duplicate in the possession of this one.
5-In the event that the embargo order focuses only on part of the work, the respective
auto will make express mention that the embargo is partial and it will clearly identify which
is the part of the artwork that is embarked on.
6-The embargo auto is notified to the persons identified in paragraph 2.
7-In the event that the works are being carried out by legal person, the embargo and the
respective self are still communicated to the respective registered office or representation
in national territory.
8-The embargo, as well as its cessation or expiry, is the subject of registration in the
conservatory of the predial register, upon communication of the dispatch that the
determined, proceeding to the necessary aversions .
Article 103.
Effects of the embargo
1-The embargo obliges the immediate suspension, in whole or in part, of the work of
execution of the work.
2-Dealing with licensed works or the object of prior communication, the embargo
determines also the suspension of the effectiveness of the respective licence or the admission of
prior communication, as well as, in the case of urbanization works, of the licence or
prior communication of urban lotement to which they respect them.
3-It is interstated the supply of electrical energy, gas and water to the embargoed works,
owing to the effect being notified of the act which ordered it to the responsible entities
by the said supplies.
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4-The embargo, albeit partial, suspending the deadline that is set for the
performance of the works in the respective licence alvate and established for the admission of
prior communication.
Article 104.
Expiry of the embargo
1-A The embargo order lapses as soon as it is handed down a decision defining the
legal situation of the work with a definite character or in the expiry of the period it has been
fixed for the purpose.
2-In the lack of term fixation for the purpose, the embargo order lapses if it is not
delivered a final decision within six months, extended a single time
for equal period.
Article 105.
Correction or amendment work
1-In the situations provided for in points b) and c) of Article 102 (1), the President of
city hall may still, where appropriate, order the realization of
work for correction or alteration of the work, setting a deadline for the effect, having
into account the nature and degree of complexity of them.
2-Elapsed the time limit referred to in the preceding paragraph without those work if
find fully realized, the work remains embargoed until it is delivered
a decision setting out its legal situation with a definite character.
3-Dealing with works of urbanization or other indispensable works for
ensuring the protection of interests of third parties or the correct urban planning, the
city hall may promote the achievement of the correctional works or
change on account of the holder of the licence or the previous communication presentator,
in the terms of Articles 107 and 108.
4-A The order to carry out correction or amendment work suspending the deadline
which is fixed in the respective licence alvshall licence or established in the communication
prior to the period set out in accordance with paragraph 1.
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5-The time limit referred to in paragraph 1 shall interrupt with the submission of application for
amendment to the licence or prior communication, in the terms, respectively, of the articles
27. and 35.
Article 106.
Demolition of the work and reposition of the land
1-The chairman of the city hall may also, where appropriate,
order the full or partial demolition of the work or the reposition of the ground in the conditions
where it was found before the commencement date of the works or works, fixing a
deadline for the effect.
2-A demolition can be prevented if the work is likely to be licensed or
subject of prior communication or if it is possible to ensure compliance with
the legal and regulatory provisions applicable to it by the realization
of correction or alteration work.
3-A Order for demolition or remake referred to in paragraph 1 is antecedent to
hearing of the person concerned, who has 15 days from the date of his notification to
pronounce on the content of it.
4-Elapsed the time limit referred to in paragraph 1 without the order of demolition of the work or of
reposition of the ground if it shows fulfilled, the mayor of the city hall
determines the demolition of the work or the reposition of the ground on account of the offender.
Article 107.
Administrative possession and coercive execution
1-Without prejudice to criminal liability, in the event of a default of
any of the tutelage measures of the urbanistic legality provided for in the articles
previous the speaker of the chamber may determine the administrative possession of the immovable
where the work is being carried out, in order to allow the coercive execution of such
measures.
2-The administrative act that has determined the administrative possession is notified
to the owner of the work and to the remaining holders of real rights on the estate by letter
registered with notice of receipt.
3-A administrative possession is carried out by the municipal officials responsible
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by the supervision of works, by drawing up a self where, in addition to if
identify the act referred to in the preceding paragraph, the state in which it is
finds the terrain, the work and the remaining constructions existing on the site, as well as the
equipment that there meet.
4-Treating the coercive execution of an embargo order, the officials
municipal officers responsible for the supervision of works proceed to the sealing of the shipyard
of the work and the respective equipment.
5-In duly justified cases, the speaker of the chamber may authorize the
transfer or withdrawal of equipment from the site of fulfillment of the work, by its
initiative or the application of the owner of the work or its contractor.
6-The owner of the works or his or his contractor must be notified whenever the
equipment is deposited elsewhere.
7-A The administrative possession of the land and equipment remains for the period
necessary to the coercive execution of the respective measure of guardia of legality
urbanistic, lapsing at the expiry of the deadline set for it.
8-Dealing with coercive execution of a demolition order or work of
correction or alteration of works, these must be performed in the same period as
had been granted for the purpose to its addressee, counting that deadline to
departure from the date of commencement of administrative possession.
9-A execution referred to in the preceding paragraph may be made by administration
direct or on a scheme of a direct adjustment, upon consultation with three
companies holding alvshall of public works contractors of class and category
suitable to the nature and value of the works.
Article 108.
Expenses carried out with the coercive execution
1-The amounts relating to the expenditure incurred pursuant to the previous article,
including any damages or financial penalties that the Administration
has to endure for the purpose, are of the offender's account.
2-When those amounts are not paid voluntarily within 20 days of
count of the notification to the effect, they are charged judicially in proceedings of
tax execution, serving as an executive title certificate, passed by the services
competent, demonstrative of the expenses incurred, and may still accept the chamber,
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for the extinction of the debt, dation in fulfillment or in the function of compliance in
terms of the law.
3-The credit referred to in paragraph 1 shall enjoy real estate privilege over the lot or land
where the building is located, graduated following the credits referred to in point (b) of the
article 748 of the Civil Code.
Article 109.
Cessation of use
1 - Without prejudice to the provisions of Article 2 (2) and (2) of the Decree-Law No. 281/99, of
July 26 , the mayor of the city hall is competent to order and fix
deadline for the cessation of the use of buildings or their autonomous fractions
when they are occupied without the necessary authorisation of use or when
are being allocated to the diverse end of the schedule in the respective alvshall.
2-When the occupants of the buildings or their fractions do not cease to use
undue in the fixed term, may the municipal chamber determine the eviction
administrative, applying, with due adaptations, the provisions of Article 92.
3-The eviction determined in the terms of the preceding paragraph shall be overstated
when, by treating as a building or its fraction that are being used for
housing, the occupant shows, by medical certificate, that the execution of the same poses
at risk of life, for the reason of acute illness, the person who finds himself on the spot.
4-In the situation referred to in the preceding paragraph, the eviction may not proceed while
the municipal chamber does not provide for the rehousing of the person in question, the
expense of the responsible for misuse, in the terms of the previous article.
CHAPTER IV
Guarantees of private individuals
Article 110.
Right to information
1-Any interested person has the right to be informed by the respective chamber
municipal:
a) On the instruments of development and territorial planning in force for
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certain area of the municipality, as well as of the other general conditions to which they must
obey the urbanistic operations referred to in this diploma;
b) On the state and progress of the processes that concern them directly,
with specification of the acts already practiced and of the respective contents, and of those who
are still to be read, as well as of the deadlines applicable to the latter.
2-Information provided for in the preceding paragraph shall be provided
regardless of dispatching and within 15 days.
3-Interested parties have the right to consult the processes that tell them
directly respect, particularly by electronic means, and to obtain the certificates or
authenticated reproductions of the documents that integrate them, upon payment
of the importances that are due.
4-Access to the processes and the passage of certificates must be required in writing,
except for consultation by electronic means, and is provided independently of dispatch and in the
period of 10 days from the date of the submission of the respective application.
5-A fixed municipal chamber at the earliest one day a week for services
competent municipal people are specifically available to the citizens for the
presentation of possible requests for clarification or information or
complaints.
6-The rights referred to in paragraphs 1 and 3 are extensive to any persons who come forward
have legitimate interest in the knowledge of the elements they want and still, to
defense of diffuse interests defined in the law, any citizens in the enjoyment of their
civil and political rights and the associations and foundations defenders of such interests.
Article 111.
Silence of the Administration
Decorate the deadlines set for the practice of any specially regulated act
in the present diploma without the same showing practiced, the following is observed:
(a) Dealing with an act that should be practiced by any municipal body in the
scope of the licensing procedure, the person concerned may make use of the procedure
regulated in Article 112;
b) revoked
(c) by dealing with any other act, he considers himself to be tacitly deinjured the claim,
with the general consequences.
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Article 112.
Judicial subpoena for the practice of act legally due
1-In the case provided for in Article 111 (a), may the person concerned ask the court
circle administrative of the area of the headquarters of the authority required to subpoena the
competent authority to carry out the practice of the act showing due.
2-The subpoena application must be submitted in duplicate and instructed with
copy of the application for the practice of the due act.
3-A The office, as soon as it governs the entry of the application, expedits by post
notification to the requested authority, accompanied by the duplicate, to respond on time
of 14 days.
4-Join the response or the respective deadline, the process goes with a view to the
Prosecutor's Office, for two days, and then it is conclusive to the judge, to decide in the
period of five days.
5-If there is no foundation of rejection, the application will only be dismissed when the
authority required to make proof of the practice of the act due until the expiry of the deadline
for the answer.
6-In the decision, the judge sets up no more than 30 days for the authority to
required to practise the act due and fixed penalty payment penalty, in the terms
provided for in the Code of Procedure in the Administrative Courts.
7-At the request of subpoena is applicable the provisions of the Code of Procedure in the Courts
Administrative as for urgent proceedings.
8-The appeal of the decision has merely devolutive effect.
9-Elapsed the deadline set by the Court without showing the due act of the act, the
interested may prevail from the provisions of Article 113, with the exception of the provisions
in the following number.
10-In the situation provided for in the preceding paragraph, dealing with approval of the project of
architecture, the person concerned may piece together the specialty projects or, if it already has
done in the initial application, the term count set out in point (s) starts c) of the n.
1 of Article 23 para.
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Article 113.
Tacit deinjury
1-In the situations referred to in paragraph 9 of the preceding article, the person concerned may initiate and
continue the implementation of the proceedings in accordance with the application submitted in the
the terms of Article 9 (4), or give immediate use to the work.
2-The beginning of work or use depends on the prior payment of fees
that show due to the terms of this diploma.
3-When the municipal chamber refuses to settle or receive the fees due, the
interested may proceed to the deposit of the respective amount in institution of
credit to the order of the city hall, or, when the settlement is not carried out,
prove that you are guaranteed your payment by surety, by any
means in law admitted, by amount calculated in the terms of the regulation
referred to in Article 3 para.
4-For the purposes set out in the preceding paragraph, it shall be affixed to the services of
treasury of the city hall the number and the banking institution in which the same
account and where it is possible to make the deposit, as well as the indication of the
municipal regulation in which the rates referred to in paragraph are provided for
2.
5-In case the city hall does not carry out the settlement of the fee due neither give
compliance with the provisions of the preceding paragraph, the person concerned may start the proceedings
or give immediate use of the work, giving that fact knowledge to the chamber
municipal and requiring the administrative court of circle of the area of the headquarters of the
autarky that inteam this to issue the licence alvshall of use.
6-To the request for subpoena referred to in the preceding paragraph shall apply to the provisions of paragraph 7
of the previous article.
7-A certificate of the sentence carried forward on trial that there is subpoena to the issuance of the
will alvate of licence to use replaces, for all legal effects, alvshall not
issued.
8-In the situations referred to in this article, the work may not be embarked on by
any administrative authority on the grounds of the lack of license.
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Article 114.
Administrative challenge
1-The opinions expressed that are issued by organs of the central administration
in the context of the procedures regulated in this diploma may be the subject of
autonomous administrative challenge.
2-A The administrative challenge of any acts carried out or opinions issued
in the terms of this diploma must be decided within 30 days, finishes which
considers itself to be dewound.
Article 115.
Special administrative action
1-A Special administrative action of the acts provided for in Article 106 shall take effect
suspensive.
2-With the citation of the appeal petition, the administrative authority has a duty to
prevent, as a matter of urgency, the beginning or pursuit of the execution of the resorted act.
3-A all the time and up to the decision in 1 th instance, the judge may grant the effect
merely devolutive to the action, officiously or to the application of the defendant or the
Prosecutor's Office, case of the same result hints of the illegality of its
interposition or its improvenance.
4-From the decision referred to in the preceding paragraph it is up to appeal with effect merely
bounty, which goes up immediately, separately.
CHAPTER V
Fees inherent in urban planning operations
Article 116.
Rate for the realization, maintenance and enhancement of urbanistic infrastructure
1-A issuance of licence and permit alvarages and the admission of
prior communication provided for in this diploma are subject to the payment of the
fees referred to in point (b) of Article 6 of the Decree-Law No. 53-E/2006 of 29 of
January.
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2-A issue of licence alvshall and the admission of prior communication of
lotement are subject to the payment of the fees referred to in point (a) of the article
6. of the Decree-Law No. 53-E/2006 of January 29.
3-A issue of the licence alvshall and the admission of prior communication of works of
construction or extension in area not covered by lotion operation or
alvings of urbanization works is also subject to the payment of the said fee
in the previous number.
4-A The issuance of the partial licence alvshall referred to in Article 23 (6) is
also subject to the payment of the fee referred to in paragraph 1, where there is no place at
settlement of it upon the issuance of the definitive alvshall.
5-The draft municipal regulation of the fee for the realization, maintenance and
enhancement of urban infrastructure must be accompanied by the rationale
of the calculation of the rates provided for, taking into account, in particular, the following
elements:
a) multiannual programme of municipal investments in the implementation, maintenance and
enhancement of general infrastructure, which can be defined by geographical areas
differentiated;
b) Differentiation of the applicable rates in function of the uses and typologies of the buildings
and, eventually, of the respective location and corresponding local infrastructures.
6-The provisions of the preceding paragraphs shall also apply to urban planning operations
object of prior communication.
Article 117.
Settlement of fees
1-The chairman of the municipal chamber, with the deferring of the request for
licensing, proceeds to the settlement of fees, in accordance with the regulation
approved by the municipal assembly.
2-The payment of the fees referred to in paragraph 2 a to 4 of the preceding Article may, by
deliberation of the municipal chamber, with faculty of delegation in the president and of
subdelegation of this in the councillors or in the leaders of municipal services, be
fractionated until the end of the term of implementation fixed in the alvshall, provided that it is
provided collateral pursuant to Rule 54.
3-From settlement of fees rests with gracious claim or judicial challenge, in the
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terms and with the effects provided for in the Code of Procedure and Process
Tributary.
4-A requirement, by the city hall or by any of its members, of more-
valias not provided for in the law or any countermatches, compensations or
donations gives the holder of the licence or prior communication for the realization of
urbanistic operation, when it gives fulfillment to those demands, the right to reaver
the improperly paid amounts or, in cases where the counterparts,
compensation or donations are carried out in kind, the right to the respective
return and to the compensation to which there is place.
5-In the cases of autoliquidation provided for in this diploma, the chambers
municipal must compulsorily make regulations available and too much
elements necessary for its efective, and the applicants may use the expedient
provided for in Article 113 (3)
CHAPTER VI
Final and transitional provisions
Article 118.
Conflicts arising from the application of municipal regulations
1-For the resolution of conflicts in the implementation of the planned municipal regulations
in Article 3 may those interested apply for the intervention of an arbitral commission.
2-Without prejudice to the provisions of paragraph 5, the arbitral commission shall consist of a
representative of the city hall, a representative of the person concerned and a technician
designated by co-optation, expert in the matter on which the dispute focuses, which
preside.
3-In the absence of agreement, the technician is assigned by the president of the court
competent circle administrative in the administrative circumscription of the municipality.
4-The constitution and operation of the arbitral commissions applies to the provisions of the law
about voluntary arbitration.
5-The public associations of a professional nature and the business associations of the
construction industry sector can promote the establishment of arbitration centres
institutionalized for the realization of arbitrages in the framework of the subjects provided for
in this article, in the terms of the law.
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Article 119.
Relation of territorial management instruments, servings and utility constraints
public and other relevant instruments
1-Municipal chambers shall keep up-to-date the relationship of the instruments of
territorial management and administrative servings and restrictions of public utility
especially applicable in the area of the municipality, namely:
a) The referring to regional planning of spatial planning, special plans of
spatial planning, municipal and inter-municipal planning of planning
territory, preventive measures, areas of priority urban development, areas of
priority construction, critical areas of reclamation and urban reconversion and
loteed alvaras in force;
b) Classified real estate protection zones, or in classification pathways, reserves
protection archaeological and special areas of protection of archaeological park a
referred to in Law No. 107/2001 of September 8;
c) [ Revoked ];
d) Zones of protection to buildings and other constructions of public interest, to which if
refers to the Decree-Law No. 40388 of November 21, 1955;
(e) Real estate or natural elements classified as of municipal interest, to which if
refers to Law No. 107/2001 of September 8;
f) Zones of protection of public water albufairs, referred to in the Decree-Law
n. 502/71 of November 18;
g) Integrated areas in the public or private water domain, to which the
Decree-Law No 468/71 of November 5, and Law No. 58/2005 of December 29;
h) National parks, nature parks, nature reserves, recreation reserves, areas of
protected landscape and places, sites, sets and classified objects, to which
refers to the Decree-Law No. 19/93 of January 23;
i) Areas integrated into the National Agricultural Reserve, referred to in the Decree-Law n.
196/89, of June 14;
j) Areas integrated into the National Ecological Reserve, referred to in the Decree-Law n.
93/90, of March 19, in the drafting of the Decree-Law No. 180/2006 of September 6;
l) Zones of protection established by Decree-Law No 173/2006 of August 24.
2-The municipal chambers also maintain the relationship of the
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municipal regulations referred to in Article 3, of the territorial action programmes
running as well as the delimited execution units.
3-A information referred to in the preceding paragraphs shall be made available on the site
Internet of the municipality.
Article 120.
Duty of information
1-The municipal chambers and the Coordination and Development Commissions
Regional have the duty of mutual information on processes relating to operations
urbanities, which must be met by communication to be sent within
20 days from the date of receipt of the respective application.
2-Not being provided the information provided for in the preceding paragraph, the entities that
have requested may resort to the process of subpoena regulated in the articles
104. and following of Law No. 15/2002 of February 22.
Article 121.
Regime of notifications and communications
The notifications and communications referred to in this diploma and addressed to applicants
they must be carried out via e-mail or other means of transmission
data electronics, save when this is not possible or show inadequate.
Article 122.
Subsidiary legislation
To everything that is not specially provided for in this diploma applies
subsidiary to the Code of Administrative Procedure.
Article 123.
Relation of legal provisions regarding construction
Until the codification of the technical standards of construction, it is incumbent on those of the members of
Government responsible for public works and land-use planning
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promote the publication of the relationship of legal and regulatory provisions to be observed
by the responsible technicians of the works projects and their implementation, and
relationship on the websites of the ministries concerned.
Article 124.
Legal deposit of projects
The Government will regulate, within six months from the date of entry into
vigour of the present diploma, the regime of the legal deposit of urbanization projects and
edification.
Article 125.
Previous Alvarás
The changes to alvaras issued under the legislation now repealed and the
Decrees-Laws No 166/70 of April 15, 46673, of November 29, 1965,
289/73, of June 6, and 400/84, of December 31, shall be governed by the provisions of the
present diploma.
Article 126.
Statistical elements
1-A The municipal chamber sends monthly to the National Statistical Institute the
statistical elements identified in portaria of the members of the Government
responsible for local administration and spatial planning.
2-The supports to be used in the provision of the information referred to in the preceding paragraph
will be fixed by the National Statistical Institute, after auscultation of the entities
involved.
Article 127.
Autonomous Regions
The scheme provided for in this diploma shall apply to the Autonomous Regions, without prejudice to the
legal diploma that proceeds to the necessary adaptations.
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Article 128.
[ Revoked ]
Article 129.
Revocations
They are revoked:
a) The Decree-Law No 445/91 of November 20;
b) The Decree-Law No 448/91 of November 29;
c) The Decree-Law No 83/94 of March 14;
d) The Decree-Law No 92/95 of May 9;
e) Articles 9, 10 and 165 to 168 of the General Regulation of Edifications
Urban, approved by the Decree-Law No. 38382 of August 7, 1951.
Article 130.
Entry into force
This diploma shall come into force 180 days after the date of its publication.