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DRAFT LAW NO. 396 /X

THIRD AMENDMENT TO LAW NO. 91/95, OF September 2, SOBRE AS

URBAN AREAS OF ILLEGAL GENESIS (AUGI)

Exhibition of reasons

Law No. 91/95 of September 2, was passed unanimously by

all parliamentary groups to the Assembly of the Republic.

It was the initial impulse that led to the systematic intervention and

widespread on the part of the authorities in the recovery of the clandestine areas to

that decided to call itself "Urban Areas of Illegal Gender".

This instrument of urbanistic intervention, exceptional and with a

defined time horizon, was the subject of two subsequent changes by part

of the Assembly of the Republic: the first gave rise to the Act No. 165/99, 14 of

September and the second to Law No. 64/2003 of August 23.

In all previous reviews I intended to perfect the capacity

of intervention by agents in the area of legalization of this type of cluster

urban and the resolution of technical issues that prevented or hindered the

respective intervention.

The Parliamentary Group of the Socialist Party has now come up with the

present Draft Law with two essential objectives.

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The first is to extend the time frame of acting of the Commissions of

Administration provided for in the previous law until December 2006 and which now

would cease to have legal existence.

The second objective is to resolve the issues, specifically in the area

tax and registration, which the previous revisions failed to close.

With the changes now proposed allows for dispensation, in certain

cases, from the declaration of enrolment or updating of urban matrices

provided for in Article 13 of the IMI Code in the wake of the alvshall of

lotement or conversion title, avoiding the duplication of matrices.

It is intended, still, to mischaracterize, for tax purposes, as donations,

all free transmissions that are made for fulfillment of the title of

conversion, particularly for compensation for cedances carried out

by interested private individuals.

In addition to the essential objectives, set out above, the present

project aims to solve three one-off questions:

a) Update the remissions for generic application diplomas

however changed;

b) The rectification of minor technical errors that persisted in the changes

previous, establishing interpretative rules of procedure that

have raised doubts of application;

c) Allow the licensing of private works of purposes not

housing and reconversion, upon intercity plan of

planning, in cases where the area subject to conversion, has

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been rematch by more than one concelain after the realization of the lotement

illegal.

There is, today, awareness of the importance in the ultimate solution of these

critical areas. But, for so much, it imposes the continuation and improvement of the

legal instruments that have served as the basis of this type of policies.

The temporal space that now proposes itself is understood to be sufficient

resolution of the pending cases.

Thus, under the constitutional and regimental provisions

applicable, the Deputies of the Parliamentary Group of the Socialist Party below-

signed present the following draft law:

Article 1.

Articles 4, 12, 15, 30, 31, 51, 57, 57, 57, 57, 57

91/95, of September 2, with the amendments introduced by the Laws No 165/99,

of September 14, and No. 64/2003 of August 23, they go on to have the following

wording:

Article 4º

(...)

1. (...)

2. The lotements and detail plans provided for in the preceding paragraph

they shall be governed by the provisions of this Law and, secondarily, by the

provisions of the Decree-Law No. 555/99 of December 16 with the

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wording given to it by the Decree-Law No. 177/2001 of June 4,

and by the provisions of the Decree-Law No. 380/99 of September 22 , with

the wording given to it by the Decree-Law No. 53/2000 of April 7 and

by Decree-Law No. 310/2003 of December 10.

3. The change to the terms and conditions of loteeing and plan alvshall

details of conversion comply with established procedures

in this Law, until the joint administration instituted of

agreement with Article 8º.

Article 8º

(...)

1. (...)

2. (...)

3. (...)

4. (...)

5. (...)

6. (...)

7. The joint administration holds judicial capacity, avails of

active and passive legitimacy in the emerging issues of relations

legal in which it is a party.

Article 10.

(...)

1. (...)

2. (...)

a) (...)

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b) (...)

c) (...)

d) (...)

e) Assess the urbanistic solution advocated, in the modality of

conversion by municipal initiative;

f) [current point e)]

g) [current point f)]

h) [current point (g)]

i) [current point (h)]

j) [current (i)]

l) [current point (j)]

3. (...)

4. (...)

5. (...)

Article 12.

(...)

1. (...)

2. (...)

3. (...)

4. The minutes of the assemblies are drawn up and signed by the commission of

administration, and should mention those interested that hajam voted

against the approved deliberations.

5. (current number 4)

6. (current number 5)

7. (current number 6)

8. (current number 7)

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9. (current number 8)

10. A book of attendance is organized in the assemblies, for the purpose of

verification of legitimacy and counting of the term of impurition of the

respective deliberations.

Article 15.

(...)

1. (...)

a) (...)

b) (...)

c) (...)

d) (...)

e) (...)

f) (...)

g) represent the joint administration in judgment;

h) [current point (g)]

i) [current point (h)]

j) [current (i)]

l) [current point (j)]

m) [current point l)]

n) [current point (m)]

2. (...)

3. (...)

Article 30º

(...)

1. (...)

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2. The rectification in the predial description of the integrated building area in

AUGI, when promoted by the board of directors, does not lack

prior rectification of the title that has served as the basis of the registration since

difference is not more than 15% for more or for less

relatively to the constant area in the predial description.

3. (previous number 2)

4. (previous number 3)

5. (previous number 4)

6. (previous number 5)

7. (previous number 6)

8. (previous number 7)

Article 31

(...)

1. (...)

2. If the city hall chooses to carry out the conversion by plan

in detail, the process follows the trames of the Decree-Law No. 380/99, of

September 22, as amended by the Decree-Law No

53/2000, of April 7, and by the Decree-Law No. 310/2003, of 10 of

December, we shall apply to you the provisions of paragraph (b) of the number

previous

3. (...)

4. (...)

5. (...)

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Article 34º

(...)

1. (...)

2. The municipalities may associate themselves to carry out intercity plan of

planning of the territory we have from Article 60º and following of the

Decree-Law No. 380/99 of September 22, as amended

given by the Decree-Law No. 53/2000 of April 7 and by the Decree-Law No.

310/2003, of December 10, with the purposes set out in the

numbers 2 and 3 of Article 31º.

3. (current number 2)

Article 51º

(...)

1. (...)

a) (...)

b) (...)

c) The applicant invokes and proves urgent need of his / her

realization.

2. The permit for use may only be issued after the entry into force of the

title of reconversion.

Article 54º

(...)

1. (...)

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2. (...)

3. (...)

4. (...)

5. The city hall is waived from the advance payment of the fees of

initial and subsequent justice in the actions and their resources to which it relates

the previous number.

Article 57º

(...)

For the purposes of applying this Act, the AUGI shall have to

title of conversion until December 31, 2015.

Article 2.

A Article 30 is added to the Act No 91/95 of September 2 with the

changes introduced by Laws No 165/99 of September 14, and para.

64/2003, of August 23, with the following:

Article 30º-A

Tax standards

1. In the buildings consisting of comownership, the submission deadline

of the model declaration 1 for the purpose of inscription of the lot in the matrix to which

refers to article 13º of the Municipal Tax Code on Real Estate,

account from the date of the enrolment of the acquisition of the lot by division of

common thing, without prejudice to the provisions of the following numbers.

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2. There is no place to land plot of land for urban construction

constituted by the title of conversion, when the respective area is

affects the edification, albeit unlicensed, already inscribed in the matrix.

3. The statement of update of the matrix relating to construction erected in

urban area of illegal genesis is carried out on the basis of the license of

respective use.

4. They are exempted from stamp duty the transmissions carried out for

fulfillment of the specifications and obligations established by the alvshall

loophage and the certificate of the conversion detail plan.

Assembly of the Republic, June 21, 2007-Deputies of the PS: