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PROPOSED LAW NO. 116 /X

Exhibition of Motives

The Decree No. 73/73 of February 28 came to have about the qualification of the technicians

responsible for the elaboration of projects of works subject to municipal licensing,

predicting that the same, by rule, should be drawn up by a set of

technicians, covering " architects, civil engineers, technical engineering agents

civil and mining contractors, civil constructors graduates or other technical graduates in

Engineering or Architecture recognized by the respective professional bodies ".

Since its publication, that decree has been applied to the successive regimes of

particular work licensing and urbanization. At present, it is applicable to the Regime

Legal of Urbanization and Edification (RJEU), approved by the Decree-Law No. 555/99, of

February 16, amended by Decree-Law No. 177/2001 of June 4, predicting the n.

4 of Article 10 of the RJEU the appropriate qualifications for the drafting of the project for

effect of the procedures on it.

Having been, at the date of its publication, an essential legislation and that has succeeded in the

appropriate regulation of the subject matter to which it was aimed, today its disupdate is found.

The socio-economic framework has changed substantially, with particular reflection in the

nature of the formations and the habilitations of the qualified technicians for the elaboration of

project. As a result of the described developments, it has generated itself in the main groups

professionals in the sector unanimity on the need for regime change

behold.

In other strands, there is also an effective disupdate of Decree n.

73/73, of February 28, and not only in the face of qualitative and quantitative developments

of the literary qualifications. With effect:

a) The foreseen transitional norms have lost their reason for being, either by the

evolution mentioned, whether by, in the face of this, it is not reasonable to maintain such

provisions in the face of public interest in the improvement of the quality of the edification,

of which it is stone basilar the project, in its various components;

b) The Decree No. 73/73 of February 28, versa only the matter of the works

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subject to municipal licensing, which restricts the scope of the

standards relating to the qualification qualifications for the drafting of the project,

that were perhaps intended to be general. Verifies this not just how much the

new procedures created by the RJEU (or even before) but, in particular,

as to the public works, omissa in the said decree and in which regulation

of the correspective elaboration of the project is high public interest;

c) Finally, it matters to regulate a set of other functions, of a nature

eminently technical and which, inserted at pataseas of the constructive process,

compete for the achievement of a higher quality edification. Put yourself

this challenge in part of the finding that nsome of these functions,

deserving of reference in the RJEU itself, are not defined criteria of

exact qualification, case of the "responsible for the technical direction of labor",

figure to be lacking in precise regulation. Figures such as the

director of employment and supervision and taxation, consecrred in the Regime

Legal of the Public Works of Public Works, approved by the Decree-Law n.

59/99, of March 2, they also lack to be regulated with regard to the

respective qualifications, by re-conducting them to the parallel functions referred to in the

licensing of urban planning operations.

As a result of the summarily described situation, the progressive inadequacy of the standards

to the existing reality ends up producing injury to the public interest in quality,

technique and aesthetics, safety, durability and functionality of the edifices.

Being recognized, more than a decade ago, the need to amend the legislation in

vigour-being expression of that concern the Resolution of the Assembly of the Republic n.

52/2003, of July 11, approved on May 22, 2003, yet reported only

to the regulation of the architecture project and with special focus on the provisions

transitional of Decree No 73/73 of February 28-, was submitted to the Assembly of

Republic on November 23, 2005, by a group of 36,783 citizens, a Project

of Law, under the right of legislative initiative of citizens, which imposes regulation

of the qualification for the drafting of architecture, partially revoking the

Decree No. 73/73 of February 28.

By his shift, already the Order of Engineers had submitted to the Ministry of Works

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Public, Transport and Communications, in November 2004, a proposal to

review, based on the idea, also substantiated in this text, of inserting into its

scope at the later stage with the act of projecting, the construction. What, in elements as well

meanwhile presented, the National Association of Technical Engineers corrobora,

in its general lines.

Thus, coinciding and giving response to the presentation of the legislative initiative of

citizens, proceeded to a full and integrated review of Decree No. 73/73, 28 of

February, by revoking it and proceeding to the definition, framing, characterization and

regulation of the said functions, essential to the pursuit of the above interests

defined, the qualification of the construction activity and the protection of the environment and

of the architectural heritage.

The present proposed law, aiming at a clear definition of areas of competence,

qualifications, duties and responsibilities, focuses mainly on the following options:

-Inclusiveness, in its sphere of application, of the qualification of the technicians in the

generality of the activity of the construction, either in the private sphere of operations

urbanities, whether in the sphere of public procurement, integrating into this

hiring of project drafting and the public works;

-Safeguarding the existence and applicability of special legislation, whether of level

sectoral, whether for certain type of projects and plans, keeping up with

respective standards and applying the new regime, in the unregulated subjects

in these special diplomas;

-Regulation, on a par with project authorship, of the roles of coordinator of

project, of the labour audit (reconducting and unifying in this figure the

"technical officer responsible for the technical direction of work", in particular work; and the

"supervisory" or "labor tax", in the public works) and of the director of work

(technical director of endeavor, in the public works, and habilitated technician who

integrates the framework of the construction company responsible for the execution of the work,

in the particular work), focusing on the qualification of the technicians and the prediction of the

their principal duties, as well as the responsibility to which they become subject;

-Reequating the qualifications of technicians concerning the elaboration of

project, depending on the specificity and specialization of its qualification,

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distinguishing and differentiating the situations in which they were found to be consecrated

own skills of technicians from those provided for as merely transitional;

-With regard to the drafting of the project, recognition, as a rule, of the

actual existence of a "project team" to whom it is incumbent to draw up

all written and drawn parts and institutionalization, by written contract,

of its constitution and functioning as a team, tendentially

multidisciplinary and acting under the guidance of a project coordinator;

-Still as for the elaboration of project, specialization prediction of the technicians

according to their area and level of training, ascribe, as a rule, to

elaboration of architectural projects for architects, of projects of

engineering to engineers and technical engineers and project spaces

exteriors to landscape architects, further predicting the qualification of others

technicians for the elaboration of other interventions of lower complexity and

dimension, specifically of technical agents of architecture and engineering,

interior architects and designers of environments;

-Recognition of project and supervisory companies as a reality

current organizational, cumulating the duties and own responsibility

of the technicians involved with the contractual liability of the companies,

corresponding, thus, to the new demands of the modern economy;

-In the performance of the functions of work supervision and of the director of work

(technical director of endeavors, in public work), prediction of levels

diversified of the ability to act from the various technicians, according to

the respective qualification and stratified by the complexity and value of the works in

who are empowered to intervene, making partial appeal to the provisions of the regime

regulating the exercise of the construction activity, constant of the Decree-Law

n. 12/2004 of January 9;

-Forecast, for all actors, of a set of own duties and

specific to the performance of the tasks incumbent upon them, with subscription to

term of responsibility for its performance to be presented in the

pertinent administrative procedures, and promoting the necessary

communication between the mentioned actors, when relevant to the

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quality of the edification and realization of the interests protected by the present

proposed law;

-Consecration and discipline of the duty of technical assistance, covering the

terms of their functioning and the responsibility of the technicians for their

default, to which the project coordinator and authors are obliged to

project, when necessary to ensure the correct implementation of the project

drawn up or when requested by the remaining actors in the realization and

monitoring of construction work;

-Clear and precise institution, on par with professional civil liability

stemming from the violation of contractual and extracontrcurrent duties, of a nature

individual, of sympathetic civil liability, imperative, among technicians

actors in the drafting of the project and implementation and surveillance of the

construction work, in the situations in which the same results from

non-compliance with obligations of various technicians and the respective degree of

violation of duties or contribution to the damage can be difficult

determination, by staying always resguarded the right of return to which there is

eventually place;

-Compulsory contract conclusion of civil liability insurance contract

for the performance of any of the functions regulated in this proposed law,

whose conditions and amount relegates to portaria;

-Compatibilization of the requirements and obligations created for the activities with

the administrative procedures in which your compliance should be

demonstrated, specifically at the level of the municipality and the developer

public;

-Definition of a transitional five-year regime, aiming to allow not only

the acquisition of the necessary qualifications for the realization of the regulated tasks

by these new precepts, if it is intended, but also the conversion of the

technicians affected by the new regulation for the areas in which they stay

enabled to intervene, in the face of the new qualifications framework;

-Regulation of special situations of qualifications, as to the courses of

technological specialization (CET) that aim to confer professional qualification

of level 4, safeguarding the feasibility of new training routes;

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-Prediction of the celebration of protocol by the professional public associations

of engineers and technical engineers, aiming at the definition of the qualifications

appropriate to project elaboration and to the supervision of work.

The principles outlined in the above points and materialized in the standards of this

proposed law, thus aim to contribute to a greater qualification of the technicians and

agents involved in the building phenomenon, either by the redefinition of the capacities

professionals of the technicians in suitability for the evolution, diversification and specialization of the

empowers and formations currently existing, whether by its clear accountability

in the activities they develop, by means of the casting of professional duties

imperatives and the consecration of instruments intended for the effective prevention of damage

and, when necessary, to its repair.

It is desired, as a result and ultimate goal of the implementation and operation of the

normative acquis to be created, an increment of the quality of the edification, at the various levels

of acting, which if it comes to translate into real gains of effectiveness, by repertoying

positively in spatial planning and urban heritage and

architectural.

The Regional Office of the Social Equipment and Transport of the Government were heard

Regional of the Autonomous Region of Madeira, the National Association of Municipalities

Portuguese, the Order of Architects, the Order of Engineers, the Association

National of Technical Engineers, the Portuguese Association of Architects

Landscapers, the Association of Technical Agents of Architecture and Engineering, the

Syndicate of Technical Agents of Architecture and Engineering, the National Association

of the Designers, the Portuguese Association of Projectists and Consultants, the Federation

Portuguese of the Construction Industry and Public Works, the Federation of Engineers and

the Portuguese Association of Insurance.

The self-governing bodies of the Autonomous Region shall be heard.

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 proposal for a law:

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CHAPTER I

General provisions

Article 1.

Subject

1-A present law establishes the professional qualification required of technicians

responsible for the elaboration and underwriting of projects, by the supervision of

public and particular and by the direction of work, which is not subject to legislation

special, and the duties that are respectively applicable to them.

2-A elaboration and subscription of projects and the exercise of the supervisory functions of

work and direction of work can only be carried out by technicians who are holders

of the qualifications and requirements set out in this law.

3-A This Law applies to the technicians referred to in paragraph 1, albeit the same

carry out their integrated functions or in the framework of acting for any

companies or entities.

Article 2.

Scope of application

1-A This Law shall apply to the projects:

a) Of operations subject to licensing and administrative authorization or

prior communication, pursuant to the legal regime of urbanization and the

edification, approved by the Decree-Law No. 555/99 of December 16, amended

by Decree-Law No. 177/2001 of June 4, and respective portaries

regulation, hereinafter referred to as RJEU;

b) Of public works, considering themselves as such those that so are

defined in the regime applicable to public procurement and the works of works

public, specifically the one approved by the Decree-Law No. 59/99, of 2 of

March, amended by the Decrees-Law No. 163/99 of September 14, para.

159/2000, of July 27, and No. 245/2003 of October 7, and respective

regulatory portaries, as well as the constant of the Decree-Law No. 223/2001,

of August 9, and the constant regime of Decree-Law No. 197/99 of June 8,

hereinafter referred to as a public procurement regime.

2-A This Act is still applicable to the supervision of public and private work

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where it is planned to subscribe to the respective liability term, in the

terms of the RJEU, and, in the execution of works, to the company's director of work

responsible for the execution of the work.

3-A This Law shall apply to projects subject to special legislation in all that

in this is not specifically regulated.

Article 3.

Definitions

For the purposes of this Law, it is understood by:

a) "Technical assistance to the work", the information, clarifications and

follow-up, preferably in a presential way, to be provided by the

coordinator and the authors of the project to the director of supervision of the works or

to the Director of Labor, where these, in fulfillment of the duties that they

incumbent, the requester or when it proves necessary, aiming at,

specifically, ensure the correct execution of the work, the conformity of the

work performed on the project and compliance with the legal standards and

applicable regulations;

b) "Author of project", the technician who elaborates and subscribes, with autonomy, the

project, the parcelares projects or part of the project and subscribe to the

statements and the respective terms of responsibility;

c) "Project Coordinator", the technician to whom he competes, by satisfying the

conditions required of the project author, guarantee the appropriate articulation of the

project team in function of the characteristics of the work, ensuring the

participation of the authors ' technicians, the compatibility of the various

necessary projects and compliance with the legal and regulatory provisions

applicable to each specialty;

d) "Director of Labor Surveillance", the technician enabled in the terms of the present

law, designated by the developer, to whom it is incumbent to ensure compliance

of the work performed with the project and conditions approved or awarded, in

seat of administrative or public contract procedure and compliance

of the applicable legal and regulatory standards, as well as perform the

skills provided for in the public procurement regime, in the seat of employment

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public. It corresponds to the "technical officer responsible for the technical direction of work",

provided for in the RJEU and the "surveillance" provided for in the legal regime of the

employs of public works, constant of the Decree-Law No. 59/99, of 2 of

March, with the respective amendments;

e) "Director of oeuvre", the technician enabled and integrated in the personnel board and in the

technical framework of the construction company responsible for the execution of the work,

holder of alvshall, in the terms and for the purposes of the Decree-Law No. 12/2004, of 9

of January, and of the Portaria No. 16/2004 of January 10, to whom it is incumbent

ensure the execution of the work in accordance with the approved project or

communicated, including the fulfilment of the conditions of the permit and or

authorization, or adjudicated, and compliance with legal standards and

Regulations in force, as well as the obligations set out in the Decree-Law

n. 12/2004, of January 9, for construction companies. Corresponds to the

"technical director of endeavors" provided for in the public procurement regime;

f) "Developer", the entity on account of whom the piece is carried out, the owner of

public work such as this is defined in the scheme of public procurement or the

concessionary relatively the work performed on the basis of contract of

public grant, as well as any person or entity that

contrate the drafting of the project;

g) "watchdog company", the company that, using qualified technicians

pursuant to this Law, it assumes the contractual obligation for the surveillance of

work;

h) "Project company", the company that, using qualified technicians in the

the terms of this Law, it assumes the contractual obligation for the drafting of

project;

i) "Company responsible for the execution of the work", the company that exercises

construction activity and assumes responsibility for the execution of the work

in the seat of administrative or public contractual procedure;

j) "Project Team", multidisciplinary team, having for purpose the

elaboration of a project hired by the developer or especially

regulated by law or provided for in public contractual procedure,

consisting of several project authors and guided by coordinator of

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project, fulfilling the corresponding duties;

l) "Outer Spaces", the space or the landscape conceived and built having

in view of their qualification, management and transformation, constituting a space

open, unedited and framed in the urban or rural structure, through

own constructional systems and specific methods of intervention;

m) "Complex structures", those which integrate into the definition of buildings

designated by non-currents in accordance with Article 30 of the Regulation of

Actions in Structures of Buildings and Pontes (RSA), approved by the Decree-Law

n. 235/83, of May 31, or which require or integrate foundations by stakes

in buildings located in seismic zones classified as A or B of

agreement with the RSA;

n) "Labor", any construction or intervention that incorporates on the ground with

character of permanence;

o) "Project", the set of written and drawn documents that define and

characterize the functional and constructive design of a work,

understanding, in particular, the project of architecture and projects of

engineering;

p) "Technician" means the natural person whose qualifications, training and experience and

with valid enrolment in body or professional association, when

obligatory, enable it to perform functions in the process of drafting

project, public or private work supervision or as a director of work

of the company responsible for the execution of the work, pursuant to this Law.

Article 4.

General provisions

1-Projects shall be drawn up and subscribed to, pursuant to this Law, by

architects, landscaped architects, engineers and technical engineers, as well as

by those whose qualification is recognized by legal provision, with enrollment

valid in body or professional association, when mandatory.

2-The pieces written and drawn for the purpose of prior communication procedure

may also be drawn up by technical agents of architecture and engineering,

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interior architects and designers of environments, as well as by those whose

qualification is recognized by legal provision, with valid enrollment in

body or professional association, when required.

3-For elaboration of the project, the authors referred to in paragraph 1 constitute a team of

project, which is guided by a project coordinator, in the terms of the present

law.

4-A the work supervision shall be ensured by architects, landscape architects,

engineers, technical engineers and technical agents of architecture and engineering

with valid enrolment in body or professional association, when mandatory,

as well as by technician with valid habilitation arising from course of specialization

technology, which confers professional qualification of level 4, in the area of driving

Oeuvre, hereinafter referred to by CET.

5-A The achievement of the work shall be coordinated by the director of work integrating the framework

of personnel and the technical framework of the company responsible for the execution of the work.

Article 5.

Appraisal of projects

Public administration and public works owners must provide their cadres with

staff and employees with sufficient and adequate habilitation or training for

appreciate and analyse a project in the framework of a work subject to licensing or

administrative authorization, prior communication or public tender, and may appeal

to external entities, endowed with qualified technicians to that end, when such if

set-back convenient for the fulfillment of this obligation.

CHAPTER II

Qualifications of technicians

SECTION I

Project team and project coordinator

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Article 6.

Project team

1-The project must be drawn up, in a project team, by the necessary technicians

its correct and integral elaboration, and may only integrate, as authors of

project performing tasks in the area of their competences and specialisations,

architects, landscape architects, engineers and technical engineers, on the terms

indicated in this Law.

2-The project authors who integrate project team stand individually

subject to all the duties provided for in this Law.

Article 7.

Contract for project drafting

1-A project elaboration by project team, project coordinator and authors

of the project must be contracted in writing, containing the complete identification of the

project coordinator and project authors and the specification of the functions that

assume and of the projects they draw up, as well as the identification of the elements of the

insurance provided for in Article 24, which guarantees its civil liability, under penalty of

nullity.

2-A project elaboration can be contracted, namely:

a) To a project company, with express identification of the coordinator of

project under the previous number, always safeguarding the

full compliance with the provisions of this Law;

b) To a project team, in a global way;

c) To the project coordinator and the project authors, always with express

identification of the project coordinator in the terms of the previous number; or

d) To the project coordinator, with incumbency to promote the drafting of the

too much projects needed, and should contain the express mention of the powers

of the coordinator in that matter.

3-When they come to be hired, subsequently, other project authors, such

fact must be communicated in writing to the project coordinator and to the owner of

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work, with an indication of the elements referred to in paragraph 1.

4-When, in accordance with the law or contractual provision, one of the

elements of the project team, it is incumbent on the developer or the company of

project, as well as to the project coordinator who comes to be hired,

communicate that fact to the remaining elements of the team, to the supervisory director

of work and the director of work.

5-The developer, the project company, the coordinator or the project author only

may invoke the invalidity arising from non-compliance with previous standards until

at the time of the submission of the term of responsibility for the purpose of

administrative or public contractual procedure concerning the project, without

loss of special law that is applicable.

6-Failure to comply with the duties provided for in the preceding paragraphs by the developer

or project coordinator, is without prejudice to the duty to fulfil the obligations

own of the technicians provided for in this Law.

Article 8.

Coordination of project

1-For the drafting of project subject to licensing or administrative authorization

or public contractual procedure should always exist project coordinator, the

which can cumulate with that function the elaboration of project or parts of project.

2-A The coordination of the project lies the architect, landscape architect, engineer

or technical engineer, who is qualified for the elaboration of any project

in the type of work in question, considering the provisions of this Law and too much

applicable legislation.

Article 9.

Duties of the project coordinator

It is incumbent on the project coordinator, with technical autonomy and without prejudice to the remaining

obligations to assume before the developer:

a) Represent the project team during the project phases before the owner

of the works, the director of labor supervision and any other entities;

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b) To ensure the professional qualification of each of the team's elements,

as provided for in this Law;

c) Ensuring the tasks of coordinating all aspects of the drafting of the

project, evaluating, with the remaining members of the team, the functionality and the

technical feasibility of the solutions to be adopted, within the conditionings and

of the interests expressed in the program of the developer, implementing the

design solutions that best serve them and justifying them technically;

d) To ensure harmonisation between the drawn and written parts required by

characterization of the work, without the fact that a duplicity of documentation is produced,

so as to ensure its integrity and coherence, as well as compliance

with the interests of the developer;

e) Coordinate the elaboration of descriptive and justifiable memory and, when

applicable, of the charge notebooks of the parcelares projects, eliminating

omissions and overlaps, so as to ensure a coherent whole;

f) Acting with the developer in the sense of clarifying the relief of the options of

design or construction in the cost or efficiency of the work, whenever that

o solicit or such if it is justified by virtue of the dimension or importance of the deviation

in relation to the type or nature of the work to be projected;

g) To ensure, in the coordination of the elaboration of the projects, the respect for the

applicable legal and regulatory standards, particularly the constants of

instruments of territorial management, without prejudice to the own duties of each

author of project;

h) Ensuring compatibilization with the coordinator on safety and

health during the elaboration of the project, aiming at the application of the principles

safety general in compliance with the legislation in force;

i) Instruct the process relating to the constitution of the project team, which includes the

complete identification of all its elements, covering the coordinator,

copy of the contracts concluded for the drafting of the project, of the terms of

responsibility for its elaboration, as delivered together with entity

administrative or public works owner, and of the proving of the hiring of

valid civil liability insurance pursuant to Art. 24;

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j) Making available all the parts of the project and the process concerning the constitution

from project team to the developer, to the project authors and, when

requested, the actors in the execution of work and entities with

supervisory competence;

l) To provide and ensure the provision of technical assistance to the works by the authors of the

projects, and should make intervening those who have been asked for or whose

intervention is relevant to your good performance, whenever such if

appears necessary to ensure the correct execution of the work or when it is

requested by the Director of Labor Supervision or the Director of Labor, and

staying still thank you, without prejudice to other duties to which you are subject, to:

i) When technical assistance is requested by the Director of Labor,

communicate in advance to the Director of Labor Surveillance the provision of

assistance;

ii) In all situations where it is requested or provided assistance

technique, communicate such a fact to the developer, with summary description of the

object of the same and the intervening technicians;

iii) Record and subscribe, in the book of work and jointly with the rest

authors and responsible actors, the provision of technical assistance,

as well as the respective circumstances and results;

m) Communicate within five business days to the developer, to the authors of

project and, where applicable, to the entity before which it has elapsed

licensing procedure or administrative authorization or communication

prior, the cessation of duties as a project coordinator, for the

effects and procedures provided for in the RJEU and the contracting regime

public, without prejudice to the duties that they will be entrusted to other entities,

particularly in the case of impossibility;

n) In the cases provided for in the previous paragraph, the project coordinator is obliged

to provide technical assistance to the work, when its execution may contract or

legally proceed, until its replacement with the entity above indicated,

up to the maximum limit of 60 days, counted from the communication provided for in paragraph

previous;

o) Ensuring the hiring of professional civil liability insurance

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valid, in accordance with Article 22 (9) and Article 24 and its maintenance,

at all times, as for yourself and the project authors who

they integrate the team that coordinates, as provided for in this Law;

p) Comply with the remaining legal duties to which you are obliged and ensure by the

compliance, on the part of the project authors, of those duties to which they are

subjects, without prejudice to the own responsibility of these.

SECTION II

Authors of project

Article 10.

Projects of buildings

1-Projects for buildings and the outer spaces that are to them

complimentary or serve of logradgold must be drawn up, in team of

project, by architects, engineers, technical engineers and architects

landscapers, with specialization appropriate to the nature of the project concerned, without

injury from other technicians to whom it is recognized, by special law, habilitation

to draw up project.

2-The architecture projects of buildings must be drawn up by architects,

and may such projects cover the outer spaces when they are

complementary to the buildings or serve them in a logradgold, they are not intended for

autonomous use and its size can be integrated, without prejudice, in the project

of architecture.

3-The projects of structures of buildings shall be drawn up:

a) By civil engineers; or

b) By civil technical engineers, excluding the projects of structures of

buildings that involve, by the size or technical complexity of their

design or execution, the recourse to non-current solutions.

4-The remaining engineering projects must be drawn up by engineers or

technical engineers who detain specialization appropriate to the nature of the project

at cause, without prejudice to other technicians to whom it is recognized, by special law,

habilitation to draw up engineering design.

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5-The projects of spaces outside the buildings or of spaces that serve them

logradgold shall be drawn up by landscape architects, without prejudice to the

provisions of paragraph 2, not including or dismising other projects necessary to

characterization of the edificative elements provided for in the spaces projects

exterior.

6-A determination of the suitability of the specialization of engineers and engineers

technicians for elaboration of the engineering projects, to which they report n. ºs 3 and 4

and without prejudice to the provisions of the final part of paragraph 4, is done in accordance with protocol

drawn up in the terms provided for in Article 28, when there is valid protocol and in

vigour, or with the porterie provided for in paragraph 8 of that article.

Article 11.

Projects of other works

1-Projects of works not provided for in the preceding Article shall be drawn up, in

project team, by engineers, technical engineers and landscape architects,

with specialization appropriate to the nature of the project in question, without prejudice to

other technicians to whom it is recognized, by special law, habilitation to elaborate

project.

2-Architectural projects, in respect of the works provided for in the preceding paragraph,

can be drawn up by architects, integrated into the project team.

3-The engineering projects of the works provided for in this article, considering

still the provisions of paragraph 1, shall be drawn up:

a) By engineers; or

b) By technical engineers, with exclusion from the engineering projects that

involve, by the size or technical complexity of their design or

execution, the resource to non-current solutions.

4-The projects of exterior spaces must be drawn up by landscape architects,

not including or dismising other projects necessary for the characterization of the

edifictive elements provided for in the projects of exterior spaces.

5-When the size of the outer area to the constructions does not justify a project with

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relative autonomy, specifications relating to outer space may be

integrated into the design of architecture.

6-A determination of the suitability of the specialization of engineers and engineers

technicians for elaboration of the projects, to which they report the n. ºs 1 and 3 and without

prejudice to the provisions of the final part of this, is made in accordance with an elaborate protocol

in the terms set out in Article 28, when there is valid and in force protocol, or

with the porterie provided for in paragraph 8 of that article.

Article 12.

Other qualified technicians

1-Can still be drawn up by interior architects and designers of environments,

holders of Bachelor's habilitation, licentiate or Master's degree, the written and

designed architectural design relating to alterations in the interior of buildings,

subject to prior communication, referred to in para. b) of Article 6 (1) of the RJEU.

2-The designers of environments referred to in the previous number can still, within the

qualifications of their training, carry out the design and technical drawing of

equipment and urban furniture, yet subject to licensing, authorization,

prior communication or public contractual procedure, not replacing or

dispensing the projects planned in the RJEU, drawn up by qualified technicians

under the terms of this Law.

3-Can also be drawn up by technical agents of architecture and engineering the

parts written and drawn relating to works subject to prior communication, without

prejudice to the requirement, by special law, of another appropriate qualification for the purpose.

4-Must be applied, in the assessment of the qualification for the elaboration of written pieces

and drawn from the technical agents of architecture and engineering, the provisions of the article

27.

Article 13.

Obligations in the exercise of business

1-The project authors and the project coordinators covered by this Law

must comply, in all their performance, in the exercise of their profession and with

19

technical autonomy, the legal and regulatory standards in place that are to them

applicable, as well as the duties, principal or accessories, which arise from the

obligations assumed by contract, of a public or private nature, and of the standards of

deontological nature, which are bound to observe by virtue of the provisions of the

respective professional statutes.

2-Without prejudice to the provisions of the preceding paragraph and other duties enshrined in the

present law, the project authors are, in their performance, especially obliged

a:

a) Subscribe to the projects that have drawn up, indicating the number of the

valid enrolment in a professional body or association, where applicable;

b) Adopt the design solutions that best serve the interests of the owner of

work, at the level of the functionality and feasibility of the project and the work,

and must technically justify all proposed solutions;

c) Certify, in the implementation of the project or of the project part, its

harmonization with the remaining drawn and written parts required to

characterization of the work, without the fact that a duplicity of documentation is produced,

so as to ensure its integrity and coherence;

d) Acting together with the project coordinator, where this is justified, in the

a sense of clarifying the relief of design or construction options in the

cost or efficiency of the work aiming at the proper fulfilment of the duties of the

project coordinator before the developer;

e) Provide technical assistance to the work, where this appears necessary for

ensure its correct execution in accordance with the approved project or

when it is requested by the project coordinator or, after consultation of this,

by the Director of Labor Supervision or the Director of Labor;

f) Communicate within five working days to the developer, to the coordinator of

project and, where applicable, to the entity before which it has elapsed

licensing procedure or administrative authorization or communication

prior, the cessation of functions as a project author, for the purposes and

procedures provided for in the RJEU and in the public procurement regime, without

injury to the duties that they will be entrusted to other entities, particularly in the case

of impossibility;

20

g) In the cases provided for in the preceding paragraph, the project author shall be obliged to

provide technical assistance to the work, when its execution may contract or

legally proceed, until its replacement with the entity above indicated,

up to the maximum limit of 60 days, counted from the communication provided for in paragraph

previous;

h) Comply with the remaining duties of which it is entrusted by law, specifically

by RJEU and respective regulatory portaries, as well as the rest

legal and regulatory standards in force.

3-The duties provided for in the preceding paragraphs shall apply, with due

adaptations, to the technicians mentioned in the previous article.

SECTION III

Director of Labor and Director of Labor Surveillance

Article 14.

Director of work

1-It is considered the director of the work, the technician with appropriate habilitation to the value and to the

nature of the work to be carried out, pursuant to the Portaria No. 16/2004, of 10 of

January, and integrated in the personnel framework and in the technical framework of the company

responsible for the execution of the work, in the seat of administrative procedure or

public contractual.

2-For the purpose of the application of this Law, the Director shall be deemed to be the Director

employs technician provided for in the public procurement regime.

Article 15.

Duties of the Director of Labor

1-Without prejudice to the provisions of the current legislation, the Director of Labor shall be obliged,

with technical autonomy, a:

21

a) Take on the technical function of directing the execution of work and coordination

of the entire production activity, when the company, whose staff frame

integrates, has assumed responsibility for the realization of the work, at the headquarters of

administrative or public contractual procedure;

b) To ensure the correct achievement of the work, in the performance of the tasks of

coordination, direction and implementation of the work, in accordance with the

project approved, communicated or adjudicated and the fulfilment of the conditions

of the licence or permit, in the seat of administrative procedure or

public contractual;

c) Adopt the appropriate production methods, in order to ensure the

compliance with the legal duties to which you are obliged, the quality of the work

performed, safety and efficiency in the construction process;

d) Require, whenever the judge required to ensure compliance of the

work that performs the project or compliance with the legal standards or

regulations in force, the intervention of the Director of Labor Surveillance and,

when this is allowed to you, the technical assistance of the project coordinator

with the intervention of the relevant project authors, owing in this case,

communicate in advance to the Director of Supervisory Work;

e) When coordinating work performed by other companies, duly

enabled, in the scope of which the realization has been assumed by the

company whose personal frame of staff integrates, must make itself coadjude, in the execution

of these, by the technicians of those same companies;

f) Communicate within five business days to the developer, to the director of

work supervision and the entity before which procedure has elapsed

of licensing or administrative authorization or prior communication, the

termination of duties, as a director of work, in respect of which

has presented a term of responsibility, for the effects and procedures

provided for in the RJEU and in the regime of public procurement, without prejudice to the

duties that will be entrusted to other entities, particularly in the case of

impossibility;

g) Comply with the legal and regulatory standards in force.

22

2-Whenever the construction company which, within the limits set out in the Decree-

Law No. 12/2004 of January 9 and at the Portaria No. 14/2004 of January 10, assumes

the responsibility for the execution of the work, in the seat of administrative procedure

or public contractual, be holder of record title, the same does not lack

integrate, in the framework of personnel, director of labor.

3-In cases provided for in the preceding paragraph and without prejudice to the provisions of special law, the

term of liability shall be signed by the entrepreneur or, being a society,

by the respective legal representative, staying the company and the person who subscribes to the

term of liability subject to the obligations referred to in paragraph 1 that are

compatible with the structure of the company.

Article 16.

Director of Supervisory Work

1-Without prejudice to the provisions of special law, they consider themselves to be qualified for

perform the role of director of labour supervision, according to nature

preponderant of the work in question and by reference to the value of the habilitation classes

of the alvshall provided for in the porterium referred to in Article 4 (5) of the Decree-Law No

12/2004, of January 9, the technicians provided for in the following points:

a) The engineers and technical engineers, in all the works, in the area of

relevant specialty in the type of work concerned;

b) The architects, only in the construction works of buildings, excluding the

buildings with metallic structures, of buildings with complex structures,

as well as of the buildings involving peripheral containment works and

special foundations, with an estimation of cost or award value up to

to the limit value of class 5 of habilitations of the alvshall, provided for in the portation to which

refer to Article 4 (5) of the Decree-Law No 12/2004 of January 9;

c) The landscape architects, only in works of exterior spaces;

d) The technical agents of architecture and engineering and the technicians with habilitation

valid stemming from CET in the area of driving, only in works of

construction of buildings, as well as other preparatory work and

complementary to the construction of buildings, excluding buildings with

23

metallic structures, buildings with complex structures and buildings

involving works of peripheral containment and special foundations, with a

estimation of cost or award value up to the limit value of class 4 of

habilitations of the alvshall, provided for in the portation referred to in para. b) ;

e) The technical agents of architecture and engineering and the technicians with habilitation

valid stemming from CET in the area of driving, only in the works

referred to in Article 11 (1), with an estimate of cost or value of

award up to the limit value of class 4 of habilitations of the alvshall, provided for

in the porterie referred to in para. b) , with the following restrictions:

i) Bridges, viaducts and walkways;

ii) Railway tracks, airport runways and aerodromes;

iii) Hydraulic works;

iv) Tunnels;

v) Water or wastewater treatment plants;

vi) Port works and coastal and fluvial engineering;

vii) Solid and urban waste treatment plants;

viii) Power generation and treatment plants, refining or

storage of fuels or chemical materials, not retail.

2-A determination of the suitability of the specialization of engineers and engineers

technicians for labor supervision, the one reporting in point (s) a) of the previous number, is

made in accordance with protocol drawn up in the terms set out in Article 28, when

there is protocol valid and in force, or with the porterie provided for in paragraph 8 of that article.

Article 17.

Duties of the Director of Supervisory Work

1-The director of labour supervision shall be obliged, with technical autonomy, to:

a) To ensure the implementation of the work in accordance with the approved project and the

compliance with the conditions of the permit and or authorization, at the headquarters of

administrative or public contractual procedure, as well as compliance

24

of the legal and regulatory standards in force;

b) Accompany the realization of the work with the appropriate frequency to the integral

performance of their duties and the supervision of the course of the proceedings and the

acting of the Director of the works in the performance of his duties, issuing the

guidelines necessary for compliance with the provisions of the preceding paragraph;

c) Require, where this is necessary to ensure compliance of the

work that performs the project or compliance with the legal standards or

regulatory in force, technical assistance to the project coordinator with

intervention of the relevant project authors, staying also obliged to

carry out the registration of that fact and the respective circumstances in the book of

work, as well as the technical assistance requests that have been

carried out by the Director of Labor;

d) Communicate immediately to the developer and to the project coordinator any

technical deficiency verified in the project or the need for change of the

even for their correct execution;

e) Participate in the developer, as well as, when the law provides for it, to the coordinator

on safety and health during the execution of the work, situations which

they commit to safety, quality, fulfilment of the deadline provided in the

alvate of leave or administrative authorization or in contractual procedure

public and the contracted price, whenever it detects them in the execution of the work;

f) Perform the remaining roles assigned by the developer of which you have

been entrusted, condone the same shall not be substituted for the functions of their own

of the director of labor, do not depend on leave, habilitation or authorization

legally foreseen and are not incompatible with compliance with

any legal duties to which you are subject;

g) Communicate within five working days to the developer and to the entity before the

which has elapsed licensing procedure or authorization

administrative the cessation of duties as a director of labor supervision,

for the effects and procedures provided for in the RJEU and the contracting regime

public, without prejudice to the duties that they will be entrusted to other entities,

particularly in the case of impossibility;

25

h) Comply with the duties of which it is entrusted by law, specifically by the RJEU

and respective regulatory portaries, as well as by the contracting regime

public and too much legal and regulatory standards in place.

2-Without prejudice to the legal provision to the contrary, it may not carry out functions as

director of labor surveillance any person who integrs the staff frame of the

construction company that it has assumed, before administrative entity or in

seat of public contractual procedure, the responsibility for the execution of the work

or from any other company that has intervention in the execution of the work.

Article 18.

Supervision of public works

Without prejudice to the provisions of special law, in public office the performance of the

duties as a director of work supervision, or, when there is, the team head of

supervision shall be subject to the duties provided for in the public procurement regime and the

duties in the previous article that with it are compatible.

Chapter III

Civil liability and guarantees

Article 19.

Civil liability of technicians

1-The technicians and persons to whom this law is applicable are responsible for the

ressaration of the damage caused to third parties arising from the culpable violation, by

action or omission, of duties in the performance of the activity to which they are obliged

by contract or by legal or regulatory standard, without prejudice to liability

criminal, counterordinational, disciplinary, or other that exists.

2-The technicians and persons referred to in the preceding paragraph reply still,

regardless of guilt, for the damage caused by any persons of which if

serve, in the exercise of the activity, for the fulfillment of their duties,

specifically employees, collaborators or service providers.

26

3-A The responsibility of the technicians and persons to whom this law is applicable does not exclude the

liability, civil or other, of persons, whether natural or legal, on account or

in the interests of which they act, nor of any other entities that have

contravained contractual or legal duties, in the general terms.

4-A The civil liability provided for in this Act covers damage caused to

third party purchasers of rights on projects, constructions or real estate,

elaborate, constructed or technically driven by the technicians and people

indicated in paragraph 1.

Article 20.

Special situations of responsibility

1-The project coordinator is jointly and severally responsible for the damage caused to

third parties arising from action or omission of the project authors who have intervened, the

any title, in the drafting of the project by you co-ordinated, without prejudice to the right

of return that exists.

2-The project coordinator, as well as the project authors specifically

required to provide technical assistance, are still jointly and severally liable with the

director of labor supervision, for the ressaration of damage that comes to occur

by virtue of omission from compliance with the duty of technical assistance, without

prejudice to the right of return that exists.

3-When there is a deficiency in the performance of duties arising out of assistance

technique on the part of the coordinator or project author, these are jointly and

responsible with the Director of Labor Surveillance, without prejudice to the right of

return that exists, by the ressaration of the damage that comes to occur by virtue

of this deficiency in compliance with the duty of technical assistance, and may however

the director of labor supervision eximir himself from that responsibility if he demonstrates

who acted with the due diligence, scrupulously followed the project and complied with the

instructions provided at the headquarters of the required technical assistance.

4-A the company responsible for the execution of the work is jointly and severally responsible for the

emerging damage from the performance of another company intervening in the execution of

work to carry out the work, even if it is not subcontractor of the first,

provided that such work has been or should have been co-ordinated by the Director

of work that integrates the technical framework of the construction company, when the latter has

27

breached its duties, without prejudice to the right of return that exists.

5-The Director of Labor Supervision, the project coordinator and the authors of

project are jointly and severally responsible for the damage caused when the director of

labor review, in default of the duties to which it is obliged, including

o to apply for technical assistance to the coordinator or project author, allow the

implementation of the work in accordance with project that contains technical faults or

omissions, without prejudice to the right of return that exists.

Article 21.

Term of liability

1-Technicians and other persons covered by this Law shall subscribe to terms

of liability in the cases provided for in the Act and in this Law.

2-The project coordinator is obliged to underwrite the term of responsibility

by the correct elaboration and compatibilization of the parts of the project that coordinates,

as well as for the fulfilment of the obligations laid down in Article 9, by obeying the

specifications contained in the RJEU and Annex I of the Portaria No. 1110/2001, 19 of

September, with due adaptations.

3-Project authors are required to subscribe for term liability

by the correct elaboration of the project or part of project and by its compliance

to the applicable legal and regulatory provisions as well as compliance with the

obligations provided for in Article 13, pursuant to the RJEU, duly adapted.

4-The Director of Labor Surveillance is obliged to the term subscription of

liability for the conformity of the work performed with the approved project or

awarded and the conditions of the licence or permit, at the seat of procedure

administrative, and compliance with applicable legal and regulatory standards,

as well as for the fulfilment of the obligations laid down in Article 17, pursuant to the

RJUE, properly adapted.

5-The Director of Labor is obliged to underwrite the term of responsibility for the

correct execution of the work and fulfillment of the obligations laid down in the article

15., by obeying the specifications contained in the RJEU and the Annex to the Portaria n.

1105/2001, of September 18, with due adaptations.

28

6-For the purpose of the application of the provisions of the preceding paragraphs, in the seat of contracting

public, must be subscribed, by the project coordinator, project authors,

director of labor supervision and director of labor, term of responsibility

by obeying the specifications contained in the RJEU and, respectively, in Annex I of the

Portaria No. 1110/2001 of September 19 and Annex to the Portaria No. 1105/2001, of

September 18, duly adapted.

7-When there are several authors of a project, parcellared projects or part of the

projects, everyone must subscribe to term of responsibility regarding the

projects or the part of project that they have drawn up, in the terms of the previous figures.

8-When, by law or, in the permitted cases, by contract, one of the regulated functions

in the present law is assumed by more than one person, all must subscribe to term

of responsibility, in the terms of the previous figures.

9-The provisions of paragraph 5 shall apply to the entrepreneur or legal representative of a company of

construction holder of registration title, pursuant to Article 15 (3)

10-The terms of responsibility referred to in the preceding paragraphs shall be

reference expressed to the provisions of this Law that elencate the duties to which the

technicians and people are obliged, in the exercise of their duties.

Article 22.

Proof of qualification and performance of duties in procedure

administrative

1-For the purpose of proving the qualifications and quality of technicians and people

covered by this Act, as well as the fulfilment of duties relating to

liability term subscription and the hiring of insurance of

civil liability, they must be submitted, at the seat of procedure

administrative or contractual public, the documents provided for in the figures

following, without prejudice to the provisions of the RJEU, in the regime of public procurement and

too much applicable legislation.

2-The technicians whose qualification is governed by this Law shall be required to substantiate, in the

general terms, the habilitation and specialty they detain and qualify them,

generically, for the performance of the specific functions to which they are proposed,

29

specifically of project coordinator, of author of architecture project, of

author of engineering design, director of labour and director of

work, in the intended type of work.

3-Conjointly with the application that gives start to the administrative procedure

are to be submitted, in respect of the project coordinator, the following

elements:

a) Term of responsibility of the project coordinator;

b) Proof of the hiring of valid civil liability insurance, in the

terms of Article 24 para.

4-Contract with the respective term of responsibility, they must be

presented, with respect to the project authors and the supervisory director of

work, the proving of the hiring of valid civil liability insurance, of

each of them, under the terms of Article 24 para.

5-Conjointly with the declaration of alvshall titration and the display of the original

of the same, they must be submitted, in respect of the Director of Labor, the following

elements:

a) Term of responsibility of the Director of Labor;

b) Proof of the hiring of valid civil liability insurance, in the

terms of Article 24;

c) Proof of integration in the personnel board of the responsible company

by the execution of the work, through the statement of remuneration as per

delivered on social security, regarding the last month;

d) Proof of the integration into the technical framework of the company responsible for

execution of the work, duly communicated to the entity with competence to

the granting of alvshall for the exercise of the construction activity, through

statement issued by that entity in written document or in format

fideworthy electronic.

6-Conjointly with the declaration of title of title of registration and the display of the

original of the same, must be submitted, in respect of the entrepreneur or,

when it is a legal person, to the legal representative, the following elements:

30

a) Term of liability of the entrepreneur or legal representative of the company;

b) When the holder of the registration title is a legal person, certiur

updated the content of the commercial register, proving the quality of

legal representative.

7-In the procedure of prior communication must be submitted, in addition to the

specially provided for in the RJEU, the following elements relating to the authors of the

pieces written and drawn:

a) Term of responsibility of the authors of the written and drawn parts;

b) Proof of the hiring of valid civil liability insurance, in the

terms of Article 24 para.

8-The technicians provided for in this article shall be required to substantiate, when it is case, the

timely renewal of the civil liability insurance contract that are

required to hold pursuant to this Act.

9-For the purpose of attestation of the provisions of the preceding paragraph, the coordinator of

project must subscribe to declaration in which to certify that all authors of

project of the team coordinating detain valid civil liability insurance,

aiming to substantiate the respective renewal of the insurance contract and replacing this

statement, as to those, the fulfillment of the provisions of the preceding paragraph.

10-If the persons stated in paragraph 8 do not

to certify the renewal of the insurance, up to the expiry of this, the entity

administrative determines the suspension of the execution of the works, under the cominations

legal, up to the substantiation of the regularization of the situation, notifying the owner of the fact

of work and the director of labor supervision or non-faltose project coordinator,

being sufficient for the effectiveness of that measure the notification of any of the people

indicated.

11-In the situation referred to in the preceding paragraph, the

developer has the faculty to settle the contract, considering it to exist

definitive non-compliance of the same because of solely attributable to the technician

subject to the obligation of insurance and to the company whose framework integre.

31

Article 23.

Proof of qualification and performance of duties in procedure

public contractual

1-In the seat of public contractual procedure, the technicians and persons covered by the

application of this Law and required to subscribe to term of liability shall

proceed to your deposit as well as the elements provided for in the previous article

respective to each of them, together with the developer until the consignment or act

equivalent of the contractual procedure, unless otherwise lawful provision.

2-The technicians and the persons mentioned in the preceding paragraph shall be subject to the

obligations set out in paragraphs 8 a to 11 of the preceding Article, and the developer shall

public practice the acts correspondingly due by the administrative entity.

3-Without prejudice to the provision of the special provision, the elements referred to in paragraph 1

shall be kept by the public works owner at least until the expiry of the time limits

of warranty, legal or contractual, of the works to which they comply and to prescribe the

civil liability that are due.

Article 24.

Civil liability insurance

1-Technicians covered in their activity by this Law are required to celebrate

professional civil liability insurance contract, intended to guarantee the

ressaration of damage caused to third parties by virtue of the violation of duties to

that are required by legal or regulatory provision, and keep it valid

as long as they exercise their activity.

2-Insurance covers liability for damages arising from actions and omissions

practiced, in the exercise of the activity, by the technician, his representatives,

mandators, agents, employees or any persons of whom those serve

in acting, resulting from non-compliance with the duties laid down in this Law

or of other obligations in the performance of the activity.

3-Insurance further covers the sympathetic civil liability of the persons referred to in the

previous number, in terms to be defined in the portaria provided for in paragraph 7, the payment of

amounts due for the title of the right of return and the ressaration of third parties

32

acquirers to which there is place.

4-Consider third parties, for the purposes of the provisions of this Article, all those

as a result of action or omission of the technicians covered by the application of this law,

come to suffer any damage, regardless of whether they are part in contract

celebrated with the responsible technicians.

5-Can also be borrowers of civil liability insurance, in any of the

forecasted modalities, other entities other than the insured technicians,

specifically project companies, supervisory companies and companies of

construction, as well as can be concluded collective insurance, targeting the

compliance with the provisions of this Article.

6-It may still be covered, within the scope of civil liability insurance, the

ressaration of damage arising from violation of duties of a nature merely

contractual.

7-The minimum conditions of the civil liability insurance, the temporal scope of

coverage, the terms of claim claims, the terms of the exceptions to the scope

of the coverage and the amounts are set, taking into account the qualification held, the

functions performed, the value of the projects or works in which they can intervene and the

obligations to which they are subject, by joint poration of the members of the Government

responsible for the areas of public and private works and activity

insurer.

8-A The porterie referred to in the preceding paragraph may provide for, with a temporary nature and even

maximum duration of five years, counted from the date of entry into force of the present

law, the exclusion of the scope of insurance coverage of damage arising from

contractual or regular civil liability in a diverse manner the respective scope

coverage temporal, terms of claim claims, exceptions to the scope of

coverage and the amounts of civil liability insurance.

9-A The porter referred to in paragraph 7 also regulates the different modalities that the insurance of

civil liability may rewear, specifically, the arrangements for insurance of

professional civil liability, project insurance, labor insurance and

team insurance.

33

Chapter IV

Final and transitional provisions

Article 25.

Transitional provisions

1-The qualified technicians for the drafting of the project pursuant to Articles 3, 4.

and 5. of Decree No 73/73 of February 28, may, during the period of five

years counted from the date of entry into force of this Law, draw up the projects

specifically in them, by staying, however, subject to compliance with the

duties as enshrined in this Law and, where applicable, to their substantiation in the face of

the administrative entities.

2-The technicians referred to in the preceding paragraph stay still, during the period of five

years counted from the date of entry into force of this law, enabled to perform the

role of director of supervision in public and particular work, as to the works that

were, pursuant to Articles 3, 4 and 5 of the Decree No 73/73 of February 28,

qualified to project, staying, however, subject to compliance with the

duties as enshrined in this Law and, where applicable, to their substantiation in the face of

the administrative entities.

3-Administrative entities shall still accept, up to the end of the period

transitional of five years from the date of the publication of this Law, projects

drawn up and subscribed by the persons provided for in Article 6 of Decree No 73/73 of 28

of February, which, in the two years prior to the publication of this Law, have

drawn up and subscribed to similar project, which has earned approval in that chamber

municipal.

4-People indicated in the preceding paragraph shall become subject to the compliance of the remaining

duties provided for in this Law and, where applicable, to their attestation to the

administrative entities.

5-The technicians referred to in paragraph 1 may, during the transitional period, exercise the function

of project coordinator in the works for which they are transiently

authorized to draw up project, and must carry out the respective duties.

6-The technicians and persons referred to in paragraphs 1 and 3 consider themselves to be still qualified,

even after the end of the transitional period, for the elaboration of projects of

change, in any form, and too much parts required, including the final screens,

34

in the seat of the same administrative licensing procedure, authorization or

prior communication, in which they have drawn up project, contend not to review

nature or dimension higher than that for which they were originally

qualified.

7-A The entry into force of this Law shall be without prejudice to the exercise of duties as

director of labor supervision by persons who on that date, not detaining the

qualifications provided for in this Law or in paragraph 2, have assumed such duties and

subscribed to term of liability, filed with administrative entity

for the issuance of the building permit alvshall, up to the end of the implementation of those

works and to the subscription of term of responsibility for its correct execution to

issuance of license to use.

8-The persons mentioned in the preceding paragraph shall be subject to the obligations provided for

in this law that are compatible with the function they play, owing

to prove within three months counted from the entry into force of the planned porterie

in Article 24 the hiring of appropriate civil liability insurance.

Article 26.

Transitional provisions for public work

1-The exercise of design and work supervision functions, at the head office

of public procurement or of acting in public works, may also be

performed by the technicians and people integrated into the frames of the developer

public, which, failing to bring together the qualifications provided for in this Law, demonstrate to have

played, in the last two years, those functions, with the transitional period being

of the exercise of such functions shall be two years, counted from the date of entry into force of the

present law.

2-The technicians and persons indicated in the preceding paragraph shall be subject to the obligations

provided for in this Law and, where applicable, to its substantiation, being

correspondingly applicable, with due adaptations, the provisions of the n. 4 a to 7

of the previous article.

35

Article 27.

Exceptional qualification situations of the technicians

1-The technical agents of architecture and engineering, who detain, as a training

empowering and which determined access to the respective professional portfolio, the conclusion

of level 4 technological specialization course, can only elaborate the parts

written and drawn up provided for in Article 12 if:

a) The respective course contains training, suitable and distinctive, in reading and

interpretation of project and in design and project elaboration,

corresponding to the performance of qualifications provided for in this Law;

b) The technician detains prior training, integrated into the education systems or

vocational training, vocationally for civil construction.

2-A The appropriate training detention, provided for in the preceding paragraph, shall be entered,

as a compulsory mention, in the corresponding professional portfolio, at the time of your

issue or renewal by the competent entity.

Article 28.

Protocols for definition of specific qualifications

1-Compete to the professional public associations of engineers and engineers

technicians, in the use of own regulatory power, the definition of qualifications

specific appropriate to the elaboration of projects that those are enabled to

draw up, pursuant to Article 10 (3) and (4) and in Article 11 (1) and (3)

labor surveillance, under the terms of the paragraph a) of Article 16 (1)

2-For the purpose of the schedule in the preceding paragraph, the professional public associations

shall establish among themselves protocols which, on the basis of the complexity of the work,

the habilitations, training and actual experience of the technicians enrolled in them,

define the types of work and the respective projects that they are qualified to draw up

and the works in which they are qualified to perform the function of supervision.

3-Without prejudice to other legal provisions, the protocols referred to in the number

previous shall be prepared by complying with the following principles:

a) Elencate the overall of existing types of work and project, not affecting

36

the qualification regulation provided for in special law which it has on the

elaboration of project or concrete plan or define the minimum qualification of

technicians for project elaboration;

b) Respect the qualifications arising from the specialties and, if applicable, from

specialisations provided for in the respective professional statutes in accordance with

suitability criteria set out in Article 10 (3) and (4) and paragraphs 1 and 3 of the

article 11;

c) Use, in the definition of the qualification, effective experience criteria, staying

vetted the granting of relief to the mere seniority of inscription, to that effect.

4-When they are created by the professional public associations of engineers and

technical engineers, in the exercise of their skills, new specialties or,

if applicable, new specialisations, the determination of the respective qualification for

project elaboration is subject to the provisions of articles 10, 11 and 22, while

that matter is not regulated in protocol entered into in the terms of the numbers

previous.

5-Are subject to publication in the 2 th grade of the Journal of the Republic , tasking the

respective promotion to professional public associations, the protocols provided for

in this Article and its amendments, and shall, in annex to these, be republished the

protocol changed.

6-Without prejudice to the transitional provisions, the protocols laid down in this Law

come into force 60 days after the date of their publication, unless it is planned in the

higher term protocol.

7-It is incumbent upon the Institute of Construction and Real estate, I. P., the promotion of

conclusion of the protocol to which the present article is reported within three months

numbered on the date of publication of this Law, summoning to the effect the

representatives of the Order of Engineers and the National Association of the

Technical Engineers.

8-In case the protocols referred to in this article have not been concluded, in the

period of six months counted from the date of entry into force of this Law, the definition

of the specific qualifications appropriate to the drafting of project and surveillance of

work, by engineers and technical engineers, is approved by joint portaria of the

members of the Government who tutelage the areas of public works and higher education.

37

9-For the purpose of the provisions of the preceding paragraph, it shall be incumbent upon the Institute of Construction and

Real estate, I. P., promoting the drafting of porterie proposal, owing to

both, inter alia, proceed to the hearing of the professional public associations of

engineers and technical engineers.

Article 29.

Abrogation standard

Without prejudice to the provisions of Articles 25 and 26, Decree No 73/73 of 28 is hereby repealed.

of February.

Article 30.

Amendment to the Portaria No 16/2004 of January 10

It is amended the Article 4 (4) of the January 10, which is to have the following

wording:

" 1. th-[...].

2.-[...].

3.-[...].

4.-1-[...]

2 [...]:

a) [...];

b) [...];

c) A professional who has completed with harnessing

a technology specialization course (CET), level 4,

in the area of driving. "

3 [...].

5.-[...].

6.-[...].

7.-[...].

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8.-[...].

9.-[...]. "

Article 31.

Entry into force

1-A This Law shall come into force three months after the date of its publication.

2-The provisions on professional civil liability insurance, provided for in the

article 24, and those relating to its proving shall come into force within the period of

three months after the date of entry into force of the porterie referred to in that article.

Seen and approved in Council of Ministers of January 18, 2007

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs