Third Amendment To Law No. 91/95, Of 2 September, About Urban Areas Of Illegal Genesis

Original Language Title: Terceira alteração à Lei n.º 91/95, de 2 de Setembro, sobre as áreas urbanas de génese ilegal

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c33427162444d354e6931594c6d527659773d3d&fich=pjl396-X.doc&Inline=false

1 DRAFT law No. 396/X THIRD amendment to law No. 91/95, of 2 September, ABOUT URBAN AREAS of ILLEGAL GENESIS (AUGI) explanatory memorandum to the law No. 91/95, of 2 September, was approved unanimously by all the parliamentary groups to Parliament.

Was the initial impulse that led to the widespread and systematic intervention by local authorities in recovering the clandestine areas that decided to call themselves "urban areas Illegal gender".

This urban intervention instrument, exceptional and with a defined time horizon, was the subject of two subsequent amendments by the Assembly of the Republic: the first gave rise to the law No. 165/99, of 14 September and the second to the law No. 64/2003, of 23 August.

In all previous revisions intended to improve the ability of intervention of the agents in the area of the legalization of this type of urban agglomerations and the resolution of technical issues that prevent or impede their intervention.

The Parliamentary Group of the Socialist Party is now presenting this draft Law with two key objectives.




2 the first is to extend the period of performance of committees of Directors provided for in the previous law until December 2006 and that it now would no longer have legal existence.

The second objective is to resolve the issues, in particular in the area of taxation and registration, the previous reviews have failed to address.

With the proposed amendments allowed the exemption, in certain cases, the registration statement or updating of urban matrices provided for in article 13 of the IMI Code, following the planning of development or conversion title, avoiding duplication of arrays.

It is intended, yet, deface, for tax purposes, such as donations, all transmissions to be made free for fulfillment of conversion, in particular to compensation for concessions held by individuals interested.

In addition to the essential objectives set out above, the present project intends to solve three specific issues: the) Update references to the generic application however changed; b) rectification of small technical errors that persisted in the previous changes, establishing rules of procedure have raised doubts of interpretation of application; c) Allow the licensing of private works of air-conditioning purposes not retraining, housing through inter-municipal plan of land use, in cases where the subject of conversion area has 3 been allocated by more than one municipality after the illegal allotment.

There is, today, the awareness of the importance in the ultimate solution to these critical areas. But for both, the continuation and improvement of legal instruments that formed the basis for this kind of politics.

The timeline now proposes means enough to resolve the pending cases.

Thus, under the constitutional provisions and regulations applicable, the Members of the parliamentary group of the Socialist Party petitions the following draft law: article 1(2) articles 4, 12, 15, 10, 30, 31, 34, 51, 54, 57 of Act No. 91/95, of 2 September, with the amendments introduced by law No. 165/99, of 14 September , and no 64/2003, of 23 August, are replaced by the following: article 4 (...)

1. (…) 2. The lots and detailed plans provided for in paragraph 1 shall be governed by the provisions of this law and, in the alternative, by the provisions of Decree-Law No. 555/99, of December 16, with 4 amended by Decree-Law No. 177/2001, of 4 June, and by the provisions of Decree-Law No. 380/99, of 22 September, as amended by Decree-Law No. 53/2000 , April 7, and by Decree-Law 310/2003, of December 10. 3. Amendment to the terms and conditions of the license of allotment and the conversion detail plan conforms to the procedures laid down in this law, until it is extinguished the joint administration established in accordance with article 8.

Article 8 (...)

1. (…) 2. (…) 3. (…) 4. (…) 5. (…) 6. (…) 7. The Joint Administration holds judicial capacity, featuring active and passive legitimacy in emerging issues legal relations in that party.

Article 10 (...)

1. (…) 2. (…) a) (…)


5 b) (...) c) (...) d) (...) and the urban advised solution) evaluate, in conversion mode for municipal initiative; f) [current article)] (g)) [current subparagraph (f))] h) [current subparagraph (g))] i) [current subparagraph (h))] j) [current (i))] l) [current (j))] 3. (…) 4. (…) 5. (…)

Article 12 (...)

1. (…) 2. (…) 3. (…) 4. The minutes of meetings are drawn up and signed by the Commission and shall mention the Administration interested they have voted against the resolutions adopted. 5. (now number 4) 6. (now number 5) 7. (now number 6) 8. (now number 7) 6 9. (now number 8) 10. Is organized a book of attendance in the meetings, for the purpose of verifying the legitimacy of the count and challenge of their deliberations.

Article 15 (...)

1. (...)) (...) b) (...) c) (...) d) (...) and) (...) f) (...) g) Represent the joint administration in court; h) [current subparagraph (g))] i) [current subparagraph (h))] j) [current (i))] l) [current (j))] m) [current (l))] n) [current) (m)] 2. (…) 3. (…)

Article 30 (...) 1. (…)


7 2. The correction in the property description area of building integrated into AUGI, when promoted by the Administration, does not require prior rectification of the title that was the basis to register provided that the difference is not more than 15% more or less than respect to the constant in 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 Council choose to perform the conversion by layout plan, the process follows the procedures of Decree-Law No. 380/99, of 22 September, as amended by Decree-Law No. 53/2000, of 7 April, and by Decree-Law 310/2003, of December 10, shall be applicable the provisions of subparagraph (b)) of the preceding paragraph 3. (…) 4. (…) 5. (…)




8 article 34 (...)


1. (…) 2. The municipalities can join to perform inter-municipal plan of land use planning we have article 60 et seq. of Decree-Law No. 380/99, of 22 September, as amended by Decree-Law No. 53/2000, of 7 April, and by Decree-Law 310/2003, of December 10, with the purposes provided for in paragraphs 2 and 3 of article 31. 3. (now number 2) Article 51 (...)

1. (...)) (...) b) (...) c) invoke and taste of your implementation is urgently needed. 2. The permit can only be issued after the entry into force of the conversion.

Article 54 (...)

1. (…)


9 2. (…) 3. (…) 4. (…) 5. The Town Hall is excused from the prior payment of rates of initial Justice and subsequent actions and resources referred to in the preceding paragraph.

Article 57 (...)

For the purposes of this law, shall the AUGI have conversion title until 31 December 2015.

Article 2 article 30 is added to law No. 91/95, of 2 September, with the amendments introduced by law No. 165/99, of 14 September, and no. 64/2003, of August 23, with the following wording: article 30 – 1 tax rules. The buildings incorporated in co-ownership, the deadline for the submission of the Declaration 1 model for the purposes of registration of the lot in the array referred to in article 13 of the Municipal property tax Code, is counted from the date of registration of the purchase of the lot by Division of common thing, without prejudice to the provisions laid down in the following paragraphs.


10 2. There is no place to plot of land for urban construction consisting of the title of conversion, when the respective area is affect the construction, though not licensed already entered in the array. 3. The Declaration of the array on the building erected in urban areas of illegal Genesis is made on the basis of license to use. 4. Are exempted from stamp duty transmissions made to comply with the specifications laid down by the Charter of blending and detail plan certificate of conversion.

Assembly of the Republic, of 21 June 2007 — members of PS: