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Proposed Law No. 266 /X

Exhibition of Motives

Urban rehabilitation takes place today as an indispensable component in the framework of the

policy of cities and housing policy. The development of policies

proper urbanities is not possible without seeking to qualify and revitalize the

distinct spaces that make up the city.

The pursuit of urban rehabilitation policies takes over, so, as a strand

priority of urbanistic intervention policies, being its essential promotion to

a globally more harmonious and sustainable operation of cities, capable of

potentiate a better integration between the various social and economic actors.

The programme of the XVII Constitutional Government confers on high urban rehabilitation

priority, having, in this area, been already adopted measures that seek, in a way

articulated, concretize the objectives there drawn, specifically, at the tax level and

financial, complying with highlighting the scheme of tax incentives for urban rehabilitation,

approved by way of the amendments introduced by the State Budget Act to

2009, adopted by Law No. 64-A/2008 of December 31, in the Status of Benefits

Taxation and the exclusion of urban rehabilitation from the limits of municipal indebtedness.

It is apparent that the present normative reality, with regard to the legal treatment of the

urban rehabilitation, be it with respect to the legal instruments strictly

urbanistic and land-use planning, be it in what concerne the mechanisms of

funding, presents a dispersed and assesseous character.

In effect, pese though various legal diplomas, in a more or less comprehensive manner,

Dealing with the thematic of urban rehabilitation, the truth is that our legal planning

does not have a diploma that is abusing, in a systematic and harmonious manner, the various

aspects whose treatment is shown to be indispensable in order to ensure that public servants and

private they have the means necessary for the delivery of appropriate policies of

urban rehabilitation.

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To the current legislative framework of urban rehabilitation corresponds mainly to the discipline

of the areas of intervention of urban rehabilitation societies (SRU) contained in the Decree-

Law No. 104/2004 of May 7 and the figure of the critical areas of recovery and conversion

urbanistic (ACRRU), planned and regulated in the chapter XI of the Solos Act, approved by the

Decree-Law No. 794/76 of November 5.

Thus, on the one hand, it is considered to be central objective of the approval of the legal regime

of urban rehabilitation to replace a regime that essentially regulates a model of

management of urban rehabilitation interventions, with a focus on the constitution, operation,

assignments and powers of urban rehabilitation societies, seeking before the

normative framework of urban rehabilitation at the programmatic level, procedure and

of execution. On the other hand, and not least, it associates with the delimitation of the areas

of intervention ("areas of urban rehabilitation") the definition obligation, by the municipality,

of the objectives of the urban rehabilitation of the delimited area and the appropriate means for its

pursuit.

The present proposal for a legislative authorization act therefore pursuits the objective of

enable the creation of a single legal regime, in which the objectives, the

principles, procedures and tools of urban policy to be applied in respect of

urban rehabilitation.

In addition to this, the present proposal for legislative authorization covers still

approval of the regime applicable to the complaint or suspension of the tenancy agreement

for demolition or realisation of remodeling works or deep restoration, in the

terms of Article 1103 (8) of the Civil Code, and of the upgrading of rents in the

sequence of works with a view to rehabilitation pursuant to section II of the New Regime of the

Urban Lease, passed by Law No. 6/2006 of February 27, constant

Decree-Law No. 157/2006 of August 8, with a view to its compatibilization with the

legal regime of urban rehabilitation in areas of urban rehabilitation and buildings in these

situated now proposed, introducing, likewise, some clarifications in the regime.

The hearings to the bodies of the Regions of the Regions were triggered

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Autonomas and the National Association of Portuguese Municipalities.

Thus:

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

Assembly of the Republic the following proposal for a law:

Article 1.

Subject

Stays the Government authorized to approve:

a) The legal regime of urban rehabilitation in areas of urban rehabilitation and the

buildings in these situated; and

b) The regime of denunciation or suspension of the tenancy agreement for demolition

or realisation of remodeling works or deep restoration and updating of

rents in the sequence of works with a view to rehabilitation.

Article 2.

Sense and extension

1-A legislative authorization referred to in para. a) of the previous article as to the regime

legal for urban rehabilitation in areas of urban rehabilitation and buildings in these

situated, has the following sense and extent:

a) Define the attributions and competences of local authorities to promote the

urban rehabilitation of one or more areas of the municipal territory, through the

delimitation of areas of urban rehabilitation and management and execution of operations

of urban rehabilitation;

b) Determine the rights and obligations of owners and holders of others

rights, burden or charges in respect of buildings to be rehabilitated, consecration

the duty of rehabilitation as a duty of all the owners of buildings or

fractions that covers, inter alia, all the necessary works for maintenance

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or reposition of its safety, salubrity and aesthetic arrangement, intended for

confer appropriate performance and functional safety features,

structural and constructive to the buildings and fractions, or to grant them new

functional skills, determined in the function of urban rehabilitation options

proceeded;

c) To establish the obligations of owners and holders of other rights,

burden or charges in respect of real estate to rehabilitate in the context of

urban rehabilitation operations, particularly as to the actions of

rehabilitation that must be carried out and the deadlines that must be respected;

d) To provide that in the areas of urban rehabilitation apply special rules,

specifically, as to the prior urban control of operations

urbanities;

e) To provide for the establishment of special heritage taxation schemes in areas of

urban rehabilitation, including tax benefits associated with taxes

municipal on heritage, specifically, the municipal tax on

real estate (IMI) and the municipal tax on the onerous real estate transmissions

(IMT);

f) Enshrine special rules for financing rehabilitation operations

urban, whether allowing private individuals access to support programmes to the

urban rehabilitation, whether by conferring with local authorities the power to accept and

bag bills of exchange, grant changeable avales, subscribe to livancers, well

how to grant personal and real guarantees, in respect of any operations

of funding promoted by managing entities in the framework of operations

of urban rehabilitation;

g) Determine the conditions under which corporate entities may be

in charge of the promotion, coordination and implementation of concrete operations of

urban rehabilitation, inter alia, by way of the delegation of competences

municipal;

h) Define the programming tools to be used in rehabilitation headquarters

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urban, enshrining special rules in urban planning,

specifically, by figuring out a special scheme of drafting and

monitoring of details of urban rehabilitation detail, respective

content and effects and predicting that these can pursue the objectives of the

details plans to safeguard cultural heritage by replacing them,

when the area of intervention contains or coinced with cultural heritage

immovable classified or in classification pathways, and respective areas of

protection, which determines, pursuant to Law No 107/2001, of September 8, the

elaboration of a plan of this type;

i) Determine the terms in which the term of a detailed plan of detail of

urban rehabilitation that pursues the detailed plan objectives of

safeguarding of cultural heritage does not waiver the issuance of prior opinion

favourable on the part of the administration of the competent cultural heritage

relatively to urban planning operations that focus on cultural heritage

immovable classified or in the way of classification as of national interest or of

public interest or on real estate located in their respective protection areas,

determining the obligation to carry out their identification in the plan;

j) Figuring out specific tools of urban policy, specifically,

expropriation, sale or forced leases, and constitution of servitude, nos

cases in which the owners do not comply with the duty of rehabilitation of their

buildings or fractions and, in concrete:

i) Establish a regime of forced selling or expropriation of building or

fraction, should the owner violate the obligation to rehabilitate or claim that

you cannot or do not want to carry out the necessary works and works, owing the

building or fraction be assessed in the terms set out in the Code of

Expropriations and, dealing with forced sale, sold in public hoisting

to whom to offer the best price, by guaranteeing, at the very least, the value of a

fair compensation, and if it is available to fulfil the obligation of rehabilitation in the

deadline initially set for the purpose, counted from the date of

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snatching, benefiting the owner of all the guarantees provided for in the

Code of Expropriations, with due adaptations;

ii) Establish a forced renting regime if the owner, in

reasonable time, not to proceed to the full ressaration of the expenses

incurred by the managing entity with coercive works, by the maximum term

of 5 years, predicting the possibility of this request for expropriation or

forced sale of the building or fraction;

l) Establish the regime of the right of preference in the onerous transactions of

real estate located in areas of urban rehabilitation;

m) Define the rights of occupants of buildings or fractions to be rehabilitated during the

rehabilitation action involving his or her homelinness, in particular the right to

temporary rehousing.

2-A legislative authorization referred to in para. b) of the previous article as to the regime

legal applicable to the complaint or suspension of the lease for demolition or

realization of remodeling works or deep restoration under the terms of paragraph 8 of the article

1103. of the Civil Code, and to the updating of the rent following works with a view to

rehabilitation has the following sense and extent:

a) Establish that the landlord who intends to carry out remodeling works or

deep restoration, namely of conservation, reconstruction and demolition,

may denounce the tenancy agreement or suspend its execution by the

period of course of those;

b) To provide that the complaint of the lease for remodeling or

deep restoration and demolition obliges the landlord, upon agreement and in

alternative, to the payment of all expenses and damages, patrimonial and not

heritage, supported by the lessee, may not the value of the

compensation to be less than two years of income and includes the value of the

benfeasures, or to guarantee tenant rehousing per period not

less than five years, in the same concelho and in analogous conditions to those that

that one already held up, whether as to the location or the value of the income and

charges;

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c) Define that there is no place for compensation or relodging by the complaint of the

renting contract when demolition is required by force of the

degradation of the building, incompatible technically with its rehabilitation and

risk generating plant for the respective occupants or municipal plan decoration

of planning of the territory;

d) To provide that the suspension of the tenancy agreement during the period of

course of the works for remodeling or deep restoration obliges the landlord to

ensure rehousing of the lessee during that time;

e) To provide that the landlord who carries out rehabilitation works may proceed to the

updating of income pursuant to section II of the NRAU;

f) Create a transitional special scheme for leasing contracts for

housing concluded prior to the entry into force of the Decree-Law No. 321-B/90,

of October 15, in which your complaint for remodeling, restoration

profunds or demolition gives the lessee the right to be rehoused;

g) Create a transitional special scheme for leasing contracts for

non-housing purposes entered into before the entry into force of the Decree-Law n.

257/95, of September 30, in which your complaint for remodeling, restoration

deep or demolition confers to the undwelling tenant the right to the

payment of all expenses and damages, patrimonial and non-patrimonial,

considering the value of the realized benfeits and investments

performed as a function of the locus, and the value of the compensation may not be

lower than five years ' worth of income, with the corresponding minimum threshold

at 60 times the guaranteed monthly minimum consideration.

Article 3.

Duration

The legislative authorization conferred by this Law shall have the duration of 120 days from the

date of its publication.

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Article 4.

Entry into force

This Law shall come into force on the day following that of its publication.

Seen and approved in Council of Ministers of April 9, 2009

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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(DECREE-AUTHORIZED LAW ESTABLISHING THE LEGAL REGIME OF THE

URBAN REHABILITATION, AND REPEAL THE DECREE-LAW No. 104/2007, OF May 7, BEM

AS THE PROVISIONS OF THE XI CHAPTER OF THE DECREE-LAW NO. 794/76, OF 5

NOVEMBER)

Urban rehabilitation takes on today as an indispensable component of policy

of cities and housing policy, to the extent that they converge the objectives of

requalification and revitalization of cities, in particular from their most degraded areas, and

of qualification of the housing stock, looking for a functioning globally

more harmonious and sustainable of cities and the guarantee, for all, of a dwelling

condigna.

The programme of the XVII Constitutional Government confers on high urban rehabilitation

priority, having, in this area, been already adopted measures that seek, in a way

articulated, concretize the objectives there drawn, specifically, at the tax level and

financial, fulfilling to highlight the scheme of tax incentives for urban rehabilitation, by

track of the amendments made by the State Budget Act for 2009, passed

by Law No. 64-A/2008 of December 31, 2008 on the Status of Tax Benefits,

approved by Decree-Law No. 215/89 of July 1, and the exclusion of urban rehabilitation

of the limits of municipal borrowing.

The legal regime of urban rehabilitation that now enshrines itself arises from the need for

find solutions to five major challenges that arise for urban rehabilitation. Are

them:

a) Articulating the duty of rehabilitation of the buildings that is incumbent on the private with the

public responsibility to qualify and modernize space, equipment and

the infrastructures of urban areas to be rehabilitated.

b) Ensure complementarity and coordination between the various actors,

concentrating resources on integrated rehabilitation operations in the " areas of

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urban rehabilitation ", the delimitation of which is incumbent on municipalities and in which to

intensify tax and financial supports;

c) Diversifying the models of management of urban rehabilitation interventions,

opening up new possibilities for intervention by owners and other partners

private;

d) Creating mechanisms that allow to expedite the procedures of prior control of the

urban rehabilitation operations;

e) Develop new tools that allow to balance the rights of the

owners with the need to remove the obstacles to rehabilitation

associated with the ownership structure in these areas.

The current legislative framework of urban rehabilitation exhibit a dispersed character and

assists, corresponding to it, above all, the discipline of the areas of intervention of the

urban rehabilitation societies (SRU) contained in the Decree-Law No. 104/2004, 7 of

May, and the figure of the critical areas of recovery and urban reconversion (ACRRU),

foreseen and regulated in Chapter XI of the Solos Act, passed by the Decree-Law n.

794/76, of November 5.

Thus, it is considered to be the central objective of the present diploma to replace a regime

which essentially regulates a model of the management of urban rehabilitation interventions,

centered on the constitution, functioning, assignments and powers of the societies of

urban rehabilitation, by another regime that would proceed to the normative framework of the

urban rehabilitation at the programmatic, procedure and implementation level.

Complementarily, and not least, it associates with the delimitation of the areas of

intervention (the "areas of urban rehabilitation") the definition, by the municipality, of the objectives

of the urban rehabilitation of the bounded area and the appropriate means for its pursuit.

It is part of a broad concept of urban rehabilitation. It is given special relief, not

only to the real estate or heritage strand of rehabilitation, but to integration and

coordination of the intervention, emphasizing the need to achieve coherent solutions

between the functional, economic, social, cultural and environmental aspects of the areas a

rehabilitate. In this way, it is beginning to define the essential goals to be achieved through

of urban rehabilitation, and determine the principles to which this must comply.

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The present legal regime of urban rehabilitation structures the rehabilitation interventions

on the basis of two fundamental concepts: the concept of "urban rehabilitation area",

whose delimitation by the municipality has as an effect to determine the territorial parcel that

justifies an integrated intervention in the framework of this diploma, and the concept of " operation

of urban rehabilitation ", corresponding to the concrete structuring of interventions to

carry out in the interior of the respective area of urban rehabilitation.

It has since soon sought to more clearly regulate the procedures to which it must

obey the definition of areas to be subject to urban rehabilitation, as well as programming

and the planning of interventions to be carried out in those same areas.

Thus, to the act of delimitation of the urban rehabilitation area operated by the municipalities,

in own instrument, preceded by the opinion of the Institute of Housing and the

Urban Rehabilitation, I. P., or by way of the approval of a detailed plan of

urban rehabilitation, corresponding to the respective area of intervention, is associated with

demand for the determination of the objectives and strategy of the intervention, this being

also the timing of the definition of the type of urban rehabilitation operation to be carried out and

of the choice of the managing entity.

In effect, in a logic of flexibility and with a view to enabling a more appropriate

response in the face of the various concrete cases verified, opts to allow

realization of two distinct types of urban rehabilitation operation.

In the first case, designated by "simple urban rehabilitation operation",

essentially addressed to the rehabilitation of the edited, taking aim at rehabilitation

urban area of an area, mainly addressing the rehabilitation of the edified.

In the second case, designated by "systematic urban rehabilitation operation", it is

accentuated the integrated strand of the intervention, addressing the rehabilitation of the edited and the

qualification of infrastructure, equipment and green and urban spaces of

collective use, with the objectives of requalifying and revitalizing the urban fabric.

In one case as in another, the delimitation of the urban rehabilitation area assigns a

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significant set of effects. Among these, it has been highlighted, since soon, the emergence of a

obligation to define the tax benefits associated with municipal taxes on the

heritage. It also stems from that act the allocation to the owners of the access to the

supports and tax and financial incentives for urban rehabilitation. The act of delimitation of the

urban rehabilitation area, whenever opting for an urban rehabilitation operation

systematic, has yet as an immediate consequence the statement of public utility of the

expropriation of existing real estate or the constitution of servitude.

The managing entities of the urban rehabilitation operations can correspond to the

own municipality or the existing local business sector entities or to create. If these

business-type managing entities have for an exclusive social object the management of

urban rehabilitation operations, are of the quality of rehabilitation societies

urban, admitting, in exceptional cases, the participation of state capitals in these

municipal companies. In any case, it is up to the municipality, whenever it does not promote

directly the management of the urban rehabilitation operation, determine the powers of the

managing entity, by way of the institute of the delegation of powers, being certain that if

presumes, should the managing body reviewed the quality of urban rehabilitation society and

the municipality does nothing to establish otherwise, the delegation of certain powers in the

gestures.

The role of public actors in the promotion and conduct of the necessary measures to

urban rehabilitation emerges more well delineated, not leaving, however, to highlight the

duty of rehabilitation of the buildings or fractions borne by the respective owners.

In what concerne to the latter, and to the others interested in the rehabilitation operation

urban, guarantees of participation are strengthened, either at the level of the consultations

promoted when delineating the areas of urban rehabilitation and the elaboration of the

instruments of strategy and programming of the interventions to be carried out, either in the framework of the

respective execution.

In this respect, it is properly framed the role of the various public actors and

private in the pursuit of urban rehabilitation tasks. In order to promote the

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participation of individuals in this field, allows the managing entities to appeal the

partnerships with private entities, which can be structured in various ways, from

the granting of urban rehabilitation to the joint administration between managing entity and

owners.

Especially relevant in the present diploma is the regulation of the detail plans of

urban rehabilitation, already provided for in the legal regime of territorial management instruments,

approved by Decree-Law No. 380/99 of September 22, as a specific modality

of plans in detail, whether with respect to their material and documentary content,

either with regard to the procedures for the procedures of elaboration and follow-up.

It is further sought to articulation with the detailed plans of safeguarding the

cultural heritage.

The targeted aim is mainly to enable better integration between policies

of municipal urban planning and the respective rehabilitation policies, being, in

any case, from facultative drafting.

Important effect associated with the approval of rehabilitation detail plans

urban is to enable the hearing dispensation of public entities to be consulted in the scope

of the procedures for prior control of urban planning operations in the area of intervention

of the plan, whenever those entities hajam given appear favorable to the same. Treats-

whether of a significant simplification of the licensing and communication procedures

preview of urban planning operations.

Also the control of urban planning operations carried out in urban rehabilitation area is

object of a set of special rules enshrined in the present legal regime.

There is, in this respect, the possibility of delegation of those powers by the

municipalities in the managing entities, either expressed or tacitly, what is also done

follow up on a set of procedurals rules aimed at streamlining the

licensing procedures when promoted by gestural entities.

With regard to the tools of urban policy, they sought to meet the various

figures who found themselves dispersed in the legislation in force, grouping the

mechanisms essential to the materialization of public choices in rehabilitation.

Especially innovative in the current national legal framework, although retrieving a

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institute with ancient traditions in the Portuguese urban legislation, is the mechanism of the

forced sale of real estate, which obliges owners who do not carry out the works and

work ordered to their disposal in public hasta, thus allowing their replacement

by others who, without prejudice to their particular usefulness, are in the availability of

carry out the social function of the property.

In addition to legal instruments traditionally used in the field of law of

urbanism (for example expropriation, the constitution of servitude or the restructuring

of the property), it further allows the municipalities to set up a special scheme of

fees, thus aiming to create an incentive to carry out urban planning operations.

Considering the particular sensitivity of the matter in question, a chapter is devotes to the

participation of stakeholders and the concertation of interests, addressing specifically

of the rights of the occupants of buildings or fractions.

Finally, the last chapter is dedicated to the financing, the pivotal aspect in the

urban rehabilitation. Although this matter is not the subject of exhaustive regulation,

it does not cease to be relevant to the fact that the possibility of the granting of

financial supports by the State and municipalities to the managing entities, opening up

still the door to the constitution of real estate investment funds dedicated to

urban rehabilitation.

It was heard the National Association of Portuguese Municipalities and the bodies of Government

own of the Autonomous Regions.

Thus:

In the use of the legislative authorization granted by the Law No. ______, of ______, and in the

terms a) and b) of Article 198 (1) of the Constitution, the Government decrees the

next:

PART I

Fundamental principles

Article 1.

Scope

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The present decree-law establishes the legal regime of urban rehabilitation in areas of

urban rehabilitation and the buildings in these situated.

Article 2.

Definitions

For the purpose of applying this decree-law, it is understood to be:

a) "Acessibilities", the set of the conditions of access and movement in buildings,

as well as in public spaces, allowing free movement, autonomous and

independent to any person, in particular to persons with mobility

conditioned;

b) "Urban rehabilitation area", the territorially delimited area which, by virtue of

insufficiency, degradation or obsolescence of the buildings, infrastructures, the

equipment for collective use and the urban and green spaces of use

collective, in particular with regard to its conditions of use, soundness,

safety, aesthetics or salubrity, justifies an integrated intervention, and may

be approved in an instrument of its own or correspond to the area of intervention of

a plan of detail of urban rehabilitation;

c) "Building", the permanent construction, endowed with independent access, covered,

limited by exterior walls or meek walls that go from the foundations to the

coverage, intended for human use or other purposes;

d) "Real Estate devoluto", the building or the fraction that so is deemed to be in the terms

of Articles 2 and 3 of the Decree-Law No 159/2006 of August 8;

e) "Entity gestora", the entity responsible for the management and coordination of the operation

of urban rehabilitation concerning an area of rehabilitation;

f) "Fraction", the autonomous part of a building that meets the established requirements

in Article 1415 of the Civil Code, whether or not it is the same constituted in a scheme

of horizontal property;

g) "Housing", the unit in which the life of a resident household is proctored in the

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building, to which it comprises fire and its dependencies;

h) "Urban rehabilitation operation", the articulated set of interventions targeting,

in an integrated manner, the urban rehabilitation of a given area;

l) "Rehabilitation of buildings", the form of intervention aimed at confering appropriate

performance and functional safety characteristics, structural and constructive a

one or several buildings, to the functionally adjacent constructions incorporated

in its logradgold, as well as the fractions eventually integrated into that building,

or to grant them new functional skills, determined in function of the

urban rehabilitation options pursued, with a view to enabling new uses or the

same use with higher performance standards, and may understand

one or more urban planning operations;

m) "Urban Rehabilitation", the form of integrated intervention on urban fabric

existing, in which the urban and real estate heritage is maintained, in the whole or

in substantial part, and modernized through the realization of works of

remodeling or upgrading of urban infrastructure systems, of the

equipment and urban or green spaces of collective use and works

of construction, reconstruction, magnification, alteration, conservation or demolition of the

buildings.

n) "Unit of intervention" the geographically delimited area to be subjected to a

specific intervention of urban rehabilitation, within the framework of an area of

urban rehabilitation bounded in own instrument, with identification of

all buildings covered, and may correspond to the whole or part of

an area of urban rehabilitation or, in cases of particular public interest, to a

building.

Article 3.

Objectives

Urban rehabilitation should contribute, in an articulated way, to the pursuit of the

following objectives:

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a) To ensure the rehabilitation of the buildings that are degraded or

functionally inadequate;

b) Rehabilitating degraded urban tissues or in degradation;

c) Improve the conditions of habitability and functionality of the real estate park

urban and of the unedited spaces;

d) To ensure the protection and promote the valorisation of cultural heritage;

e) Affirm the patrimonial, material and symbolic values as factors of

identity, differentiation and urban competitiveness;

f) Modernising urban infrastructure;

g) Promoting the environmental, cultural, social and economic sustainability of spaces

urban;

h) Fostering urban revitalization, guided by strategic objectives of

urban development, in which the actions of a material nature are designed

in an integrated and actively combined manner in its implementation with interventions

of a social and economic nature;

i) Ensuring functional integration and economic and socio-cultural diversity in the

existing urban fabrics;

j) Re-liaising the green spaces, urban spaces and equipment of

collective use;

l) To qualify and integrate especially vulnerable urban areas by promoting the

social inclusion and territorial cohesion;

m) Ensuring equal opportunities for citizens in access to the infra

structures, equipment, services and urban functions;

n) Developing new solutions of access to decent housing;

o) Retrieving functionally obsolete urban spaces, promoting your

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potential to attract innovative and competitive urban functions;

p) Promoting the overall improvement of mobility, notably through a better

management of the public route and the remaining spaces of movement;

q) Promoting the creation and improvement of acessibilities for citizens with mobility

conditioned;

r) To foster the adoption of energy efficiency criteria in public buildings and

private.

Article 4.

General principles

The urban rehabilitation policy complies with the following principles:

a) Principle of accountability of owners and holders of other rights,

burden and charges on the buildings, conferring on their initiative a role

preponderant in the rehabilitation of the edified and sensing them, to that extent, imputed

the costs inherent in this activity;

b) Principle of subsidiarity of public action, ensuring that the actions of

urban rehabilitation relating to private spaces are directly promoted by

public entities only to the extent that private individuals, either in isolation,

either in cooperation with those, do not ensure them or cannot assure you;

c) Principle of intergenerational solidarity, ensuring transmission to generations

future of correctly ordered and conserved urban spaces;

d) Principle of sustainability, ensuring that the intervention based on a model

financially sustained and balanced and contributing to valuing the areas

urban and buildings intervened through innovative solutions and

sustainable from the socio-cultural and environmental point of view;

e) Principle of integration, preferring intervention in areas whose delimitation

allow a suitable and articulated response to the morphological components,

economic, social, cultural and environmental of urban development;

f) Principle of coordination, promoting convergence, articulation,

compatibilization and the complementarity between the various initiative actions

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public with each other and between these and private initiative actions;

g) Principle of contractualization, encouraging models of execution and promotion of

urban rehabilitation operations and the urban planning operations aimed at the

urban rehabilitation based on the concertation between the public initiative and the initiative

private;

h) Principle of protection of the existing, allowing for the realization of interventions in the

edited that, although they do not comply with the provisions of all legal provisions and

regulations applicable to the date of the intervention, do not aggravate the disconformity

of the buildings in respect of these provisions or have as a result the improvement

of the conditions of safety and salubrity of the edification or of them results a

improvement of performance conditions and functional, structural and

constructive of the edification and the sacrifice arising from the fulfillment of those

provisions disproportionately in the face of the unconformity created or

aggravated by the realization of the intervention;

i) Principle of fair weighting, promoting an appropriate weighting of all

relevant interests in the face of rehabilitation operations, specifically the

interests of owners or other holders of rights on buildings

object of rehabilitation operations;

j) Principle of equity, ensuring the fair distribution of charges and benefits

arising from the implementation of the urban rehabilitation operations.

Article 5.

Duty to promote urban rehabilitation

It is incumbent on the State, the Autonomous Regions and the local authorities to ensure, in the framework of the

present decree-law and of the remaining applicable legal regimes, the promotion of the measures

necessary for the rehabilitation of urban areas that are lacking.

Article 6.

Duty of rehabilitation of buildings

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1-Built-in owners of buildings or fractions have a duty to ensure their rehabilitation,

particularly carrying out all the necessary works for the maintenance or reposition of your

safety, salubrity and aesthetic arrangement, in the terms provided for in this Decree-law.

2-The owners and the holders of other rights, burden and charges on building or

fractions may not, dolly or negligently, cause or aggravate a situation of lack

of safety or of salubrity, provoke its deterioration or impair its arrangement

aesthetic.

Part II

Legal regime for urban rehabilitation

Chapter I

General provisions

Article 7.

Promotion of urban rehabilitation

1-A urban rehabilitation is promoted by the municipalities through the delimitation of areas of

urban rehabilitation in own instrument or through the approval of a plan of

urban rehabilitation.

2-A each area of urban rehabilitation corresponds to an urban rehabilitation operation.

Article 8.

Urban rehabilitation operations

1-The municipalities may opt for the realization of an urban rehabilitation operation:

a) Simple; or

b) Systematic.

2-A The simple urban rehabilitation operation consists of an integrated intervention of

urban rehabilitation of an area, addressing primatially to the rehabilitation of the edited,

in an articulated framework of coordination and support of the respective implementation.

3-A The operation of systematic urban rehabilitation consists of an integrated intervention of

urban rehabilitation of an area, directed to the rehabilitation of the edified and the qualification of the

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infrastructure, equipment and green and urban spaces of collective use,

aiming at the requalification and revitalization of the urban fabric, associated with a program of

public investment.

4-Simple and systematic urban rehabilitation operations are framed by

programming instruments, assigned, respectively, of rehabilitation strategy

urban or strategic urban rehabilitation program.

5-A urban rehabilitation strategy or the strategic urban rehabilitation programme

densify the duty of rehabilitation that impens on the owners and holders of others

rights, burden and charges on buildings or fractions understood in an area of

urban rehabilitation.

Article 9.

Managing entity

The urban rehabilitation operations are coordinated and managed by a managing entity.

Article 10.

Types of gestures entity

1-Can rewear the quality of managing entity:

a) The municipality;

b) A public company of the local business sector.

2-When the public company referred to in para. b) of the previous number has per object

exclusive social rehabilitation management of urban rehabilitation operations, adopts the designation of

urban rehabilitation society.

3-The type of managing entity shall be adopted from among those referred to in paragraph 1 in the strategy of

urban rehabilitation or in the strategic urban rehabilitation programme.

Article 11.

Models of implementation of urban rehabilitation operations

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1-For the purposes of this scheme, the following models may be adopted

implementation of the urban rehabilitation operations:

a) On the initiative of private individuals;

b) On the initiative of the managing entities.

2-In cases referred to in paragraph a) of the previous number, the execution of the operations of

urban rehabilitation can develop through the modality of execution by the

private individuals with the support of the managing entity or through the modality of administration

joint.

3-In cases referred to in paragraph b) of paragraph 1, the implementation of rehabilitation operations

urban can develop through the following modalities:

a) Direct execution by the managing body;

b) Implementation through joint administration;

c) Execution through partnerships with private entities.

4-partnerships with private entities come to fruition through:

a) Grant of rehabilitation;

b) Contract for urban rehabilitation.

5-Partnerships with private entities can only be adopted in the framework of operations

of systematic urban rehabilitation, within the framework of intervention or enforcement unit.

CHAPTER II

Areas of urban rehabilitation

Section I

General provisions

Article 12.

Subject of the areas of urban rehabilitation

1-Urban rehabilitation areas focus on urban spaces which, by virtue of the

insufficiency, degradation or obsolescence of the buildings, urban infrastructure, of the

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equipment or the urban and green spaces of collective use, justifies a

integrated intervention.

2-The areas of urban rehabilitation may cover, specifically, areas and centres

histories, immovable cultural heritage classified or in classification routes and their respective

protection zones, degraded urban areas or consolidated urban areas.

Article 13.

Programming tools of the urban rehabilitation areas

The definition of an urban rehabilitation area must be properly substantiated,

containing in particular:

a) The framework in the urban development options of the municipality;

b) The definition of the type of urban rehabilitation operation;

c) The urban rehabilitation strategy or the strategic rehabilitation programme

urban, depending on the type of urban rehabilitation operation is simple or

systematic.

Article 14.

Approval of urban rehabilitation areas in own instrument

1-A delineation of the urban rehabilitation areas in own instrument is from the

competence of the municipal assembly, on a proposal from the city hall.

2-The project of delimitation of the urban rehabilitation area and the respective strategy of

urban rehabilitation or the respective strategic urban rehabilitation programme are

submitted to the assessment of the Institute of Housing and Urban Rehabilitation, I. P., which

has the 30-day deadline to issue opinion, finer of which it considers nothing to have to oppose.

3-After the weighting of the opinion referred to in the preceding paragraph, the draft delimitation

of the urban rehabilitation area and the respective urban rehabilitation strategy or the

strategic urban rehabilitation program are subjected to public discussion, the

promote in the terms provided for in the legal regime of the territorial management instruments,

approved by the Decree-Law No. 380/99 of September 22 for the public discussion of the

details plans.

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4-The act of approval of the delimitation of the urban rehabilitation area is advertised through

of notice published in the 2 th series of the Journal of the Republic , in local circulation newspaper or

national and on the electronic page of the municipality, and should expressly mention the sites

where the elements identified in paragraph 2 can be consulted.

5-The procedure referred to in this article may occur simultaneously with the

elaboration, amendment or review of territorial governing instruments of municipal scope,

being, in these circumstances, submitted to the respective follow-up process,

participation and approval by the municipal assembly.

Article 15.

Approval of areas of urban rehabilitation in urban rehabilitation detail plan

The area of urban rehabilitation can be defined by means of a detailed plan of

urban rehabilitation, corresponding to the respective area of intervention.

Article 16.

Programme of territorial action

The delimitation of the urban rehabilitation area, the strategic urban rehabilitation programme,

the programme of the unit of intervention, the elaboration, revision or change of plan of

details of urban rehabilitation, as well as the terms of its implementation, may be,

jointly or in isolation, the object of the territorial action programme, to be concluded in the terms

provided for in the legal regime for territorial management instruments, approved by the Decree-

Law No. 380/99 of September 22.

Article 17.

Effects of the approval of an area of urban rehabilitation

1-A The approval of an urban rehabilitation area obliges the respective managing entity to

promote the operation of urban rehabilitation, in the framework of powers and obligations

provided for in this Decree-law.

2-A The approval of an urban rehabilitation area mandates the definition, by the municipality, of the

tax benefits associated with municipal taxes on heritage, specifically,

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the municipal real estate tax (IMI) and the municipal tax on transmissions

onerous real estate (IMT), pursuant to the applicable law.

3-A approval of an urban rehabilitation area confers on the owners and holders of

other rights, burden and charges on the buildings or fractions in it understood the

right of access to tax and financial supports and incentives to urban rehabilitation, nos

terms set out in the applicable law, without prejudice to other benefits and incentives

relative to cultural heritage.

Article 18.

Temporal scope of the urban rehabilitation area

1-A area of urban rehabilitation bordered on own instrument beams by the deadline

fixed in the urban rehabilitation strategy or in the strategic rehabilitation programme

urban, with the possibility of extension, and may not in any case invigorate by

term of more than 15 years.

2-A extension provided for in the preceding paragraph shall be approved by the municipal assembly, under

proposal of the city hall.

3-A area of urban rehabilitation defined in plan of urban rehabilitation detail

beams by the deadline for the execution of the same, and may not in any case be invigorating by

term of more than 15 years.

4-The provisions of the preceding paragraphs shall not preclude that, fine-up those deadlines, may be

certain new urban rehabilitation operation covering the area concerned.

Article 19.

Monitoring and evaluation of the urban rehabilitation operation

1-A The managing body annually draws up an operation monitoring report of

rehabilitation in progress, which must be submitted to the municipal assembly's assessment.

2-A every five years of the duration of the urban rehabilitation area, the city hall must

submit to the assessment of the municipal assembly an evaluation report of the implementation of the

urban rehabilitation operation, accompanied, if it is the case, of a proposal for an amendment

of the respective programming instrument.

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3-The reports referred to in paragraph 1 and in the preceding paragraph and the terms of their assessment

by the municipal assembly are compulsorily the subject of disclosure on the electronic page

of the municipality.

Article 20.

Alteration of the delineation of urban rehabilitation area, of the type of rehabilitation operation

urban and the programming instruments

1-A change of the boundaries of the urban rehabilitation area and the type of operation of

urban rehabilitation obeys the procedure provided for in Article 14.

2-Dealing with change of the type of urban rehabilitation operation from systematic to

simple, there is no place for public discussion.

3-The programming instruments can be changed at all time.

4-A change in programming instruments is the competence of the assembly

municipal, on a proposal from the city hall.

5-The act of approval of the amendment of the programming instruments is advertised

by way of notice published in the 2 th Series of the Journal of the Republic , in local circulation newspaper

or national and on the electronic page of the municipality.

Section II

Plans for urban rehabilitation detail

Article 21.

Legal regime applicable to urban rehabilitation detail plans

1-The plan of detail of urban rehabilitation complies with the provisions of the legal regime

of the instruments of territorial management, approved by the Decree-Law No. 380/99, of 22 of

September, with the specificities introduced by the present decree-law.

2-Whenever the area of intervention of the urban rehabilitation detail plan

contain or coinced with immovable cultural heritage classified or in the ways of

classification, and respective protection zones, which determine, pursuant to the Law n.

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107/2001, of September 8, the elaboration of a detailed safeguard plan of the

cultural heritage, it is up to the plan of detail of urban rehabilitation the pursuit of the

its objectives and purposes of protection, dismising the elaboration of that.

3-In cases provided for in the preceding paragraph and in the part respecting the cultural heritage

immovable classified or in classification routes and their protection zones, the plan of

details of urban rehabilitation comply still to the provisions of paragraphs 1 and 3 of Article 53 of the

Law No. 107/2001 of September 8.

Article 22.

Subject matter of urban rehabilitation detail plans

The urban rehabilitation detail plan establishes the integrated strategy of acting and

the rules of use and occupation of the soil and of the buildings necessary to promote and guide the

valorisation and modernisation of urban fabric and economic, social and cultural revitalization

in your area of intervention.

Article 23.

Territorial scope of urban rehabilitation detail plans

1-The plan of urban rehabilitation detail focuses on an area of the territory

municipal which, by virtue of the insufficiency, degradation or obsolescence of the buildings, of the

infrastructure, equipment for collective use and urban and green spaces

of collective use, in particular with regard to its conditions of use, soundness,

safety, aesthetics or salubrity, justifies an integrated intervention.

2-Should the area of intervention of the urban rehabilitation detail plan contain or

coincide, albeit partially, with previously bounded area as area of

urban rehabilitation in own instrument, this one considers itself to be rebounded in accordance with

the area of intervention of the plan.

3-In the case provided for in the preceding paragraph, when the area of intervention of the plan of

details do not fully cover the area previously bounded as area of

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urban rehabilitation in own instrument, must proceed to re-delimitation or revocation

of the area not covered by the plan's intervention area at the same time with the act of

approval of this instrument of territorial management.

Article 24.

Material content of urban rehabilitation detail plans

1-In addition to the material content of the details plans in the terms of Article 91.

of the legal regime of the territorial management instruments, approved by the Decree-Law n.

380/99, of September 22, the urban rehabilitation detail plan shall adopt a

specific material content adapted to the purpose of promoting urban rehabilitation in the

your area of intervention, establishing in particular:

a) The delimitation of the execution units, for the purposes of programming the

execution of the plan;

b) The identification and articulation, in an integrated and sequenced perspective, of the

major projects and actions to be developed in each unit of implementation;

c) The principles and rules of use of soil and buildings with a view to valorisation and

protection of existing heritage, cultural, natural and landscape assets in the

your area of intervention;

d) The principles and rules of land use and buildings appropriate to the strategy of

economic, social and cultural revitalization of its area of intervention, in

articulation with the other urban policies of the municipality;

e) The identification and systematic classification of buildings, infrastructures

urban, equipment and urban and green spaces of use

collective of each unit of implementation, establishing its needs and

rehabilitation and modernization purposes or forecasting their demolition, when

applicable.

2-Without prejudice to the provisions of the paragraph a) of the preceding paragraph, the delimitation or the

re-delimitation of the implementing units, even if constants of the detail plan of

urban rehabilitation, can be done in the implementation phase of the plan, on the initiative of the entity

gestures or the owners.

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3-The plans of urban rehabilitation detail whose area of intervention contains or

coinced with immovable cultural heritage classified or in classification pathways, and

respective protection zones, pursue the objectives and purposes of the detailed plans

of safeguarding cultural heritage, having also for those areas the content of this

plan, enshrining the rules and principles of safeguarding and valorisation of heritage

classified or in classification pathways and their protected areas established in the

Law No. 107/2001 of September 8.

Article 25.

Documentary content of the urban rehabilitation detail plans

1-In addition to the provisions of Article 92 of the legal regime for management instruments

territorial, approved by the Decree-Law No. 380/99 of September 22, the detailed plan

of urban rehabilitation is accompanied by the programming tools of the operation of

urban rehabilitation defined in Article 8 para.

2-The changes to the urban rehabilitation strategy or the strategic programme of

urban rehabilitation that do not entail alteration of the rehabilitation detail plan

urban follow the procedure regulated in Article 20.

3-Changes of the type of urban rehabilitation operation are applicable to the rules

contained in the final part of paragraph 1 and in Article 20 (2).

Article 26.

Elaboration of the urban rehabilitation detail plans

1-A The elaboration of the urban rehabilitation detail plan competes with the chamber

municipal, on their own initiative or upon proposal submitted by the concerned,

being determined by deliberation, to be published and disseminated in accordance with Article 74 (1)

of the legal regime of the territorial management instruments, approved by the Decree-Law n.

380/99, of September 22.

2-In the deliberation referred to in the preceding paragraph, the municipal chamber defines the terms of

reference of the detail plan, which they integrate, where the planned area of

intervention of the plan covers an already bounded urban rehabilitation area in instrument

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own, the urban rehabilitation strategy or the strategic urban rehabilitation program

in cause.

3-In situations where there is already urban rehabilitation strategy or strategic programme

of urban rehabilitation in force, which cover the whole of the plan's area of intervention,

and if they maintain the objectives and actions in them defined, there is no place for public participation

preventive provided for in Article 77 (2) of the legal regime for management instruments

territorial, approved by the Decree-Law No. 380/99 of September 22.

Article 27.

Monitoring of the elaboration of the urban rehabilitation detail plans

1-The monitoring of urban rehabilitation detail plans applies to the

provisions of Article 75-C of the legal regime of territorial management instruments,

approved by Decree-Law No. 380/99 of September 22.

2-At the conference of services, the entities of the central, direct and indirect administration,

that they should pronounce on the urban rehabilitation detail plan on the grounds of the

location or tutelage of administrative servings and public utility constraints

shall state expressly, whenever they speak unfavorably, the reasons for

your disagreement and what changes are necessary for the viabilization of the solutions of the plan.

3-A favourable pronunciation of the entities referred to in the preceding paragraph or the host

of their proposed amendments determine the dispensation of consultation of such entities in

prior control seat of the urban planning operations which conforms to that provided for in the plan.

Article 28.

Scheme of urban rehabilitation detail plans in areas containing or coinciding

with immovable cultural heritage classified or in classification routes and their areas

of protection

1-In the case provided for in Art. 2 of the art. 21., the administration of cultural heritage

competent cooperates with the municipality in the elaboration of the rehabilitation detail plan

urban, and should be heard in the definition of the terms of reference of the plan in what it says

respect for immovable cultural heritage classified or in classification routes, and their respective

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protection areas, and shall provide the necessary technical support in the work of

preparation and design of the design of the plan for the same areas.

2-The terms of the collaboration of the administration of cultural heritage may be the subject

of a partnership protocol to be concluded with the competent municipal chamber, without prejudice

of the mandatory monitoring of the urban rehabilitation detail plan.

3-A pronunciation of the administration of cultural heritage with regard to heritage

immovable cultural listed or in classification routes, and their protection zones is

compulsory and binding, and should, in the event of an unfavourable pronunciation, be indicated

expressly the reasons for their dissent and what changes are necessary to

viabilization of the solutions of the urban rehabilitation detail plan.

4-A The term of the urban rehabilitation detail plan determines the dispensation of

consultation of the administration of cultural heritage at the headquarters of prior control of operations

urbanities complying with that provided for in the plan, pursuant to Article 54 (2) of the Law

n. 107/2001, of September 8.

5-Without prejudice to the provisions of the preceding paragraph, the detail plan may provide for

expressly the need for the issuance of favourable prior opinion by the

administration of the competent cultural heritage with respect to urban planning operations

that they focus on immovable cultural heritage classified or in classification routes as

of national interest or public interest or on real estate situated in the respective

protection zones by proceeding to their identification in annex to the regulation and in plant

of location.

6-In any case, complete or partial demolition of heritage may not be carried out

immovable cultural listed or in the way of classification without prior and express permission of the

administration of the competent cultural heritage, applying the constant rules of the

Article 49 of Law No 107/2001 of September 8.

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CHAPTER III

Urban rehabilitation operations

SECTION I

Simple urban rehabilitation operations

Article 29.

General principle

Without prejudice to the managerial duties committed to the managing body, the rehabilitation actions

of buildings aimed at the implementation of a simple urban rehabilitation operation must

be carried out preferentially by the respective owners and holders of others

rights, burdens and burdens.

Article 30.

Urban rehabilitation strategy

1-Simple urban rehabilitation operations are driven by a strategy of

urban rehabilitation.

2-A urban rehabilitation strategy must, without prejudice to the treatment of other subjects

that are taken as relevant:

a) Present the strategic rehabilitation options of the urban rehabilitation area,

compatible with the development options of the municipality;

b) Establish the period of implementation of the urban rehabilitation operation;

c) Set out the priorities and specify the objectives to be pursued in the implementation of the

urban rehabilitation operation;

d) Present a framework of supports and incentives for implemented rehabilitation actions

by the owners and too many rights holders and propose solutions of

financing of rehabilitation actions;

e) To explain the conditions of application of rehabilitation implementing instruments

urban provided for in this Law;

f) Define the management model of the urban rehabilitation and implementation area of the

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respective urban rehabilitation operation;

g) Identify, if the municipality does not directly assume the functions of entity

gestures of the urban rehabilitation area, which powers delegated to the entity

gestures as well as, when the managements entity functions are assumed by

an urban rehabilitation society, which powers are not to be presumed

delegates;

h) Mention, if it is the case, the need for the drafting, revision or alteration of

urban rehabilitation detail plan and set out the specific objectives to

proceed through the same.

SECTION II

Systematic urban rehabilitation operations

SUBSECTION I

General principles

Article 31.

Systematic urban rehabilitation operations

Without prejudice to the rehabilitation duties of buildings that impend on private individuals and

of the particular initiative in the promotion of urban rehabilitation, the interventions aimed at

implementation of a systematic urban rehabilitation operation should be actively

promoted by the respective managing entities.

Article 32.

Public usefulness of the expropriation and constitution of servitude

When opting for the realization of a systematic urban rehabilitation operation, the

delineation of an area of urban rehabilitation has as direct and immediate effect to

declaration of public utility of expropriation of existing real estate as well as of the

constitution on the same of the servitude, necessary for the execution of the operation of

urban rehabilitation.

SUBSECTION II

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Planning and programming

Article 33.

Strategic programme of urban rehabilitation

1-Systematic urban rehabilitation operations are driven by a program

strategic of urban rehabilitation.

2-The strategic urban rehabilitation programme must, without prejudice to the treatment of

other matters that are taken as relevant:

a) Present the strategic rehabilitation and revitalization options of the area of

urban rehabilitation, compatible with the development options of the municipality;

b) Establish the period of implementation of the urban rehabilitation operation;

c) Set out the priorities and specify the objectives to be pursued in the implementation of the

urban rehabilitation operation;

d) Establish the programme of the urban rehabilitation operation by identifying the

structuring actions of urban rehabilitation to be adopted by distinguishing,

notably, those with the subject of the buildings, the urban infrastructures, the

equipment, the urban and green spaces of collective use, and the activities

economic;

e) Present a framework of supports and incentives for implemented rehabilitation actions

by the owners and too many rights holders and propose solutions of

financing of rehabilitation actions;

f) Describe a public investment programme where they discriminate against shares

of public initiative necessary for the development of the operation;

g) Define the financing programme of the urban rehabilitation operation, which

should include an estimate of the total costs of running the operation and the

identification of sources of funding;

h) Determine the management model of the urban rehabilitation and implementation area of the

respective urban rehabilitation operation;

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i) Identify, if it is not the municipality to directly assume the functions of

managing entity of the urban rehabilitation area, what powers are

delegates at the managing entity, as well as, when the roles of managing entity

are taken over by an urban rehabilitation society, which powers the

do not be presumed delegates;

j) Mention, if it is the case, the need for the drafting, revision or alteration of

urban rehabilitation detail plan and set out the specific objectives to

proceed through the same.

3-The strategic urban rehabilitation program can propose intervention units of the

urban rehabilitation operation and set out the specific objectives to be pursued in the framework

of each of them.

Article 34.

Units of intervention or implementation

1-Within the scope of systematic urban rehabilitation operations in rehabilitation areas

urban that correspond to the area of intervention plan of rehabilitation detail

urban may be delimited by implementing units in the terms provided for in the scheme

legal of the instruments of territorial management, approved by the Decree-Law No. 380/99, of

September 22, with the specificities introduced by the present decree-law.

2-Within the scope of systematic urban rehabilitation operations in rehabilitation areas

urban approved in own instrument can be delineated units of intervention,

consisting of the fixation in the cadastral plant of the physical boundaries of urban space to be subjected

the intervention, with identification of all the buildings covered, and may correspond to the

totality or the part of an urban rehabilitation area or, in cases of particular interest

public, to a building.

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3-A delimitation of intervention units is optional, not being condition of execution

of the urban rehabilitation operation, without prejudice to being able to constitute, in the defined terms

in the present decree-law, an assumption of the appeal to certain modalities of

implementation of systematic urban rehabilitation operations in partnership with entities

private.

4-The intervention units shall be delineated in such a way as to ensure a

harmonious urban development, the fair distribution of benefits and burdens by the

owners covered and consistency in the intervention, as well as enabling a

integrated intervention in various real estate that allows for a rational use of resources

available and the creation of economies of scale.

5-The act of delimitation of units of intervention includes an implementation programme, which

shall, in particular:

a) Summarily explain the fundamentals underlying the weighting of the various

relevant public and private interests;

b) Identify the buildings to be rehabilitated, their state of conservation and the extent of the

interventions in them provided for;

c) To identify the respective owners and holders of other rights, burden and

charges, or mention, if it is the case, that the same are unknown;

d) Define and timeframe the various urban rehabilitation actions to be adopted in the framework

of the unit of intervention distinguishing, inter alia, those with the object

the buildings, the urban infrastructure, the equipment, the urban spaces and

green of collective use and economic activities;

e) Realizing the financing of the urban rehabilitation operation within the framework of the

execution unit;

f) Specify the implementation regime of the urban rehabilitation operation to be used in the

unit of intervention.

6-A delimitation of intervention units is of the competence:

a) Of the managing body, in the case of whether it intends to carry out the delimitation of units

of intervention in the proposed terms in the strategic rehabilitation programme

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urban;

b) From the city hall, on a proposal from the managing body if this is distinct from the

municipality, in the remaining cases.

Article 35.

Initiative of the owners in the delimitation of intervention or enforcement units

1-The owners of buildings or fractions entered in the area of urban rehabilitation, in the

scope of systematic urban rehabilitation operations, can propose the delimitation of

units of intervention or implementation in respect of the area covered by the buildings or

fractions of which they are holders, through the presentation, to the competent body for the

approval of the delimitation, of an application instructed with the draft delimitation of the

unit of intervention or implementation and with the implementation programme project.

2-A the delimitation of the intervention units in the case provided for in the preceding paragraph

the procedure laid down in the previous article, with the necessary adaptations.

3-A the delimitation of the enforcement units in the case provided for in paragraph 1 follows the

procedure laid down in the legal regime of the territorial management instruments,

approved by Decree-Law No. 380/99 of September 22, with the necessary adaptations.

4-A delimitation of intervention or enforcement units at the initiative of the

owners constitutes the managing entity in the duty to ponder the implementation of the operation in the

terms of the regime of the joint administration.

Chapter IV

Managing entity

Article 36.

Powers of the managing entities

1-The municipality can choose to directly take over the management of a transaction of

urban rehabilitation or delegating the powers that be committed to it under the present

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decree-law in a public company of the local business sector referred to in point b) from the

n Article 10 (1).

2-A The delegation of powers provided for in the preceding paragraph shall appear in the strategy of

urban rehabilitation or the strategic urban rehabilitation programme, without prejudice to the

provisions of the following number.

3-If the managing body redresses the nature of urban rehabilitation society,

delegates shall be presumed to be delegated the powers provided for in Article 45 (1) and paragraphs (1) a) and c) a e)

of Article 54 (1), unless otherwise stated in the rehabilitation strategy

urban or the strategic urban rehabilitation program.

4-Public enterprises of the local business sector delegatary consider themselves to be invested

in the roles of managing entity and the powers delegated to them under the terms of the

present article from the beginning of the term of the urban rehabilitation area.

5-A The public enterprise of the local delegated business sector is subject to the power of

direction of the delegating entity, which understands the power to issue orders or instructions

regarding urban rehabilitation operations, as well as to define the modalities of

verification of the fulfilment of the issued orders or instructions.

6-In cases of state participation in the social capital of rehabilitation society

urban, under the terms of paragraph 2 of the following article, the powers provided for in the preceding paragraph

are exercised in terms to be established in protocol between the State and the municipality in

cause.

Article 37.

Business-type gestural entities

1-It shall apply to public enterprises of the local business sector referred to in point (s) b) from the

n Article 10 (1) the legal regime of the local business sector, which is passed by Law No. 53-

F/2006 of December 29, in particular with regard to its creation.

2-In the event of exceptional public interest, the participation of capital of the

State in urban rehabilitation societies.

3-The public companies referred to in paragraph 1 may assume the functions of entity

gestures in more than a systematic urban rehabilitation operation, and cumbing to

management of one or more simple urban rehabilitation operations.

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4-In the case that the city hall intends to set up a municipal corporation to take over the

quality of entity gestures from an urban rehabilitation operation, must approve the

respective creation simultaneously with the approval of the urban rehabilitation area.

Article 38.

Extinction of urban rehabilitation societies

Urban rehabilitation societies must be extinguished whenever:

a) They are completed all urban rehabilitation operations at their post;

b) To occur the expiry of the delimitation of the area or of all areas of rehabilitation

urban in which the urban rehabilitation society operates.

Chapter V

Models of implementation of urban rehabilitation operations

Article 39.

Implementation at the initiative of private individuals

1-A implementation of the urban rehabilitation operation, in the component of rehabilitation of the

edited, shall be promoted by the owners or holders of other rights, burden or

charges relating to existing real estate in the area covered by the operation.

2-For the purpose of the provisions of the preceding paragraph, the modalities may be used

provided for in Article 11 (2)

Article 40.

Implementation at the initiative of the managing body

1-A The implementation of the urban rehabilitation operation can be promoted by the entity

gestures, in accordance with Article 11 (3).

2-The managing entities can draw on partnerships with private entities,

particularly under the following forms:

a) Grant of urban rehabilitation;

b) Contract for urban rehabilitation.

Article 41.

Joint administration

1-A The managing body can carry out the urban rehabilitation operation, or part of it, in

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association with the owners and holders of other rights, burden and charges relating to the

existing real estate in the area covered by the urban rehabilitation operation.

2-The legal regime applicable to the joint administration is approved through decree

regulatory, to be published within a maximum of 90 days of the date of entry into force

of this decree-law.

Article 42.

Grant of urban rehabilitation

1-To promote systematic urban rehabilitation operations the municipality can

concessionary rehabilitation in the terms provided for in the legal regime of the instruments of

territorial management, approved by the Decree-Law No. 380/99 of September 22, for the

implementation of municipal planning of land use planning, either on its initiative or

solicitation of the managing entity.

2-A grant of urban rehabilitation is done within the framework of the intervention units or

of the enforcement units.

3-A concession is preceded by adjudicatory procedure, and the respective notebook

of charges specify the minimum obligations of the conceder and the concessionaire or the

respective parameters, to be realized in the proposals.

4-The process of formation of the contract and the respective formalization and effects govern

by the provisions of the Code of Public Procurement.

Article 43.

Urban rehabilitation contract

1-A The managing entity of a systematic urban rehabilitation operation can celebrate

urban rehabilitation contracts with public or private entities, upon which

these if they are to be carried out in the elaboration, coordination and implementation of projects of

rehabilitation in one or several intervention or enforcement units.

2-The urban rehabilitation contract can provide for the transfer to the entity

contracted from the marketing rights of rehabilitated real estate and obtaining the

respective probates, as well as, inter alia, the acquisition of the right of ownership

or the constitution of the right of surface area on the goods to be rehabilitated by this, or the assignment

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of a mandate for the sale of these goods on account of the managing entity.

3-The urban rehabilitation contract is subject to registration, depending on your

cancellation of the statement presentation, issued by the managing body, which authorizes

this cancellation.

4-The urban rehabilitation contract shall regulate, specifically:

a) The transfer to the contracted entity from the obligation to purchase the buildings

existing in the area in question, whenever such an acquisition can be made by way of

friendly;

b) The preparation of the expropriative processes that prove necessary for

acquisition of the property by the managing entity;

c) The apportionment of the charges arising from claims due by the

expropriations;

d) The obligation to prepare the projects of urban planning operations to be submitted to

prior control, to subject them to prior control, to promote operations

urbanites understood in the rehabilitation actions and to apply for the respective

authorizations of use;

e) The deadlines in which the obligations of the parties are to be fulfilled;

f) The countermatches to be paid by the contracting parties, which may be in kind;

g) The performance of the duty, impending on the contracted entity, to seek

come to an agreement with the owners interested in the rehabilitation of the respective

building or fraction on the terms of rehabilitation of the same, as well as the

assignment of the contractual position of the managing entity in favour entity contracted, in the

case of the one having already reached agreement with the owners;

h) The duty of the managing entity or the contracted entity to proceed to the

temporary or definitive rehousing of the inhabitants of the buildings or fractions to

rehabilitate, attentive to the provisions of Article 73;

i) The guarantees of good performance of the contract to be provided by the contracted entity.

5-A The training and implementation of the urban rehabilitation contract is governed by the provisions of the

Code of Public Procurement.

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6-Without prejudice to the provisions of the preceding paragraph, a form may be approved

notebook of charges for joint porter of the members of the government responsible for the

areas of local administration, housing, urban rehabilitation and public works.

7-The appeal to the urban rehabilitation contract must be preceded by prior negotiation,

as far as possible, with all interested parties involved in such a way that they may

undertake a commitment to the managing body in the sense of rehabilitation of its

real estate.

CHAPTER VI

Instruments of implementation of urban rehabilitation operations

SECTION I

Control of urban planning operations

Article 44.

Powers concerning the control of urban planning operations

1-A The managing body of the urban rehabilitation operation may exercise, for the purpose of

implementation of the urban rehabilitation operation and in the terms of the provisions of the articles

following, the following powers:

a) Licensing and admission of prior communication of urban planning operations and

authorization to use;

b) Inspections and surveys;

c) Adoption of tutelage measures of urban legality;

d) Collection of fees;

e) Reception of the cedances or compensations due;

2-When it is not the municipality to take up the functions of managing entity of the area of

urban rehabilitation, the managing body only exercises the powers delegated by the municipality,

without prejudice to be able to apply directly to the city hall, when it proves to be

necessary, the exercise of the rest.

3-In the case of the delegation of powers provided for in the preceding paragraph, the executive body of the

managing entity may delegate to its chairman the competences which, according to the

provisions of the legal regime of urbanization and building, approved by the Decree-Law n.

555/99, of December 16, are directly committed to the mayor

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municipal or in this delegated by the city hall.

4-The powers referred to in paragraph 1 shall be exercised in observance of the provisions of the

articles listed in this section, particularly in what concerne the consultation to

external entities, protection of the existing and the responsibility and quality of the construction.

Article 45.

Prior control of urban planning operations

1-To the procedures for licensing and prior communication of operations

urbanities understood in the rehabilitation actions of buildings or localized fractions

in area of urban rehabilitation applies, in everything not especially foreseen

in the present decree-law, the provisions of the legal regime of urbanization and edification,

approved by Decree-Law No. 555/99 of December 16.

2-Are delegatable in the managing entity of the urban rehabilitation operation, should this not

be the municipality, the skills for the practice, in relation to real estate located in the

respective area of urban rehabilitation, of the administrative acts inserted in the

licensing and prior communication procedures of urban planning operations, and

yet to be authorised for use, which, pursuant to the provisions of the legal regime of the

urbanization and edification, approved by Decree-Law No. 555/99 of December 16,

are the competence of the city hall or its chairman.

Article 46.

Inspections and surveys

1-Are delegatable in the managing entity of the urban rehabilitation operation, should this not be

the municipality, the competences to order and promote, in relation to localized real estate

in the respective area of urban rehabilitation, the carrying out of inspections and surveys of

supervision, in the terms provided for in the legal regime of urbanization and building,

approved by Decree-Law No. 555/99 of December 16.

2-A The managing body has a duty to communicate the facts of which it takes knowledge and

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that are punishable as a counter-ordinance to the competent entities to apply the

respective fines.

Article 47.

Tutelage measures of urban legality

Are delegatable in the managing entity of the urban rehabilitation operation, should this not be the

municipality, the competences to order and promote, in relation to real estate located in the

respective area of urban rehabilitation, the adoption of guardia's measures of legality

urbanistic, in the terms provided for in the legal regime of urbanization and edification,

approved by Decree-Law No. 555/99 of December 16.

Article 48.

Collection of fees and compensation

Are delegatable in the managing entity of the urban rehabilitation operation, should this not be the

municipality, the skills to charge the fees and receive the compensations provided for in the

municipal regulations in force, without prejudice to the provisions of Article 67.

Article 49.

Exemption from prior control

1-The urban planning operations promoted by the managing entity that reconduct itself to the

execution of the urban rehabilitation operation, regardless of the type of operation of

urban rehabilitation, they are found to be exempt from prior control.

2-A The managing body, when different from the municipality, shall inform the city hall

up to 20 days prior to the commencement of the implementation of the urban operations referred to in the number

previous.

3-A The realization of the urban planning operations pursuant to this article shall observe the

legal and regulatory standards that are applicable to them, specifically the constants of

instruments of territorial management, of the legal regime for the protection of cultural heritage,

of the legal regime applicable to the management of construction and demolition waste and the standards

construction techniques.

Article 50.

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Consultation with external entities

1-A consultation with entities which, under the law, should issue opinion, authorization or

approval on the application formulated in licensing and communication procedures

prior planning of urban planning or building permit operations, follows the

provisions of the legal regime of urbanization and building, approved by the Decree-Law n.

555/99, of December 16, with the specificities introduced by the present decree-law.

2-For the purposes of the licensing procedures and prior communication of operations

urbanities and permit for use of buildings, the managing body may constitute

a committee of appreciation, composed of the entities which, under the law, must

pronounce on the applications formulated in those procedures.

3-A The constitution of the commission of appreciation is preceded by written request addressed to the

chairman of the executive body of those entities, or the maximum leader of the service, in the

case of the State so that it designates the respective representative.

4-A competence for issuance, within the framework of the committee of appreciation, of the pronunciations

legal to which it is referred to in paragraph 1 considers itself delegated to the designated representative on the terms

of the provisions of the preceding paragraph.

5-The opinions, authorizations and approvals that the entities represented in the committee of

appreciation should be provided are consigned to the minutes of the committee meeting, which replaces them

for all purposes, and must be signed by all members present at the meeting with

express mention of the respective quality.

6-A The lack of comparency of one of the members of the committee of appreciation shall not preclude the

an appreciation of the application and the drafting of the minutes, considering that the entities whose

representative has lacked anything have to object to the deferrer of the application, unless it appears

written in a contrary way be issued within 10 days after the committee meeting

of appreciation.

7-In the event of an unfavourable pronunciation, the entities referred to in paragraph 1 shall state

expressly the reasons for their dissent and what changes are necessary to

viabilization of the project.

Article 51.

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Protection of the existing

1-A issue of the licence or the admission of prior communication of reconstruction works or

alteration of building inserted in the scope of this decree-law cannot

be refused on the grounds of overdue legal or regulatory standards to the

construction originating in, provided that such operations do not originate or aggravate the

discompliance with the standards in force or have as a result the improvement of the

conditions of safety and the salubrity of the edification.

2-The magnification works inserted in the framework of an urban rehabilitation operation

may be waived from compliance with legal or regulatory standards

supervenients to construction originating in, whenever from the realization of those works result

an improvement of the conditions of performance and functional, structural and constructive safety

of edification and sacrifice arising from compliance with legal and regulatory standards

vigour is disproportionate in the face of the disconformity created or aggravated by the

achievement of those.

3-The provisions of the preceding paragraph shall apply to the licensing or admission of

prior communication of construction works aiming at the replacement of buildings

previously existing.

4-Licensing requirements or prior communications must always contain

statement by the authors of the projects identifying technical or regulatory standards

in force that have not been applied and, in the cases provided for in paragraphs 2 and 3, the rationale for

your non-observance.

Article 52.

Dismissal of the application for licensing or rejection of prior communication

1-Without prejudice to the provisions of the preceding Article, and in addition to the grounds provided for in the

legal regime of urbanization and edification, approved by Decree Law No. 555/99, of

December 16, the licensing requirements or the prior communications for the

realization of urban planning operations in urban rehabilitation area can, still, be

dismissed or rejected when these operations are likely to cause injury

manifest to the rehabilitation of the building.

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2-In the case of buildings understood in area of urban rehabilitation subject to operation

of systematic urban rehabilitation, the licensing requirements or the communications

previeways for the realization of urban planning operations may still be undue or

rejected when these operations are likely to cause a manifest injury to the

urban rehabilitation operation of the area in which the same inserts itself.

Article 53.

Responsibility and quality of construction

Urban planning operations included in an urban rehabilitation operation must comply

the provisions of the legal regime of urbanization and building, approved by the Decree-Law n.

555/99, of December 16, regarding the responsibility and quality of the construction,

notably in its Article 10, without prejudice to the provisions of this decree-law and in the

legal regimes that regulate the qualification required of the technicians responsible for the

coordination, drafting and underwriting of project, by the performance of the functions of

direction of work supervision and direction of work, including duties and

responsibilities to which they are subject, and still the exercise of construction activity or

of other activities or occupations involved in the urban rehabilitation operations

urban.

SECTION II

Urban policy instruments

Article 54.

Instruments of implementation

1-A The managing body may use, depending on the type of the respective transaction of

urban rehabilitation, the following instruments of implementation:

a) Obligation to rehabilitate and coercive works;

b) Single endeavor;

c) Demolition of buildings;

d) Right of preference;

e) Forced tenancy;

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f) Servitude;

g) Expropriation;

h) Forced sale;

i) Restructuring of the property.

2-When it is not the municipality to directly assume the functions of managing entity of the

urban rehabilitation area, the managing entity can only use the instruments of

execution whose powers hajam been delegated by the municipality, without prejudice to power

apply directly to the municipal chamber, when this is necessary, the exercise of the

too much.

3-The implementing instruments provided for in points f) a i) of paragraph 1 can only be

used in the operations of systematic urban rehabilitation.

Article 55.

Obligation to rehabilitate and coercive works

1-A The managing body may impose on the owner of a building or fraction the obligation to

the rehabilitating, determining the realization and the time frame for the completion of the works or works

necessary for the restitution of their performance characteristics and functional safety,

structural and constructive.

2-When the owner, entrusted with the obligation to rehabilitate, does not start operations

urbanites understood in the rehabilitation action that has been determined, or not the

complete within the deadlines that for the purpose are set, can the managing body take

administrative possession of the buildings or fractions to give immediate execution to the works

determined, applying the provisions of Articles 107 and 108 of the legal regime of the

urbanization and building, approved by Decree-Law No. 555/99 of December 16.

3-In the framework of systematic urban rehabilitation operations, the managing body can, in

alternative to the implementation of the scheme of coercive works provided for in the preceding paragraph and in the

strict measure in which this is necessary, appropriate and proportional, attending to the

public and private interests in attendance, to resort to expropriation regimes or to

forced sale provided for in Articles 61 and 62.

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Article 56.

Single endeavor

1-A The managing entity of an urban rehabilitation operation can promote the

rehabilitation of a set of buildings through a unique endeavor.

2-Unless opposed by the owners, the managing body, in representation of those,

counteracts and manages the unique endeavor, which may include the elaboration of the project and its

execution and, jointly or alternatively, constitute part of a rehabilitation contract.

3-In the event that the owners object to the representation by the managing body, they shall,

still, hiring with that one of the obligations to which they become adstry in the process of

urban rehabilitation, specifically as to the setting of deadlines for the purpose of

prior licensing or communication and for the execution of the works.

Article 57.

Demolition of buildings

1-A The managing body may order the demolition of buildings to which the requirements are lacking

of safety and salubrity indispensable to the end to which they are intended and whose rehabilitation is

technical or economically unviable.

2-Applies to the demolition of buildings the regime set out in Articles 89 to 92 of the

legal regime of urbanization and building, approved by Decree-Law No. 555/99, of 16

of December.

3-Dealing with immovable cultural heritage classified or in classification routes, no

it may be carried out at its full or partial demolition without prior and express permission of the

administration of the competent cultural heritage, applying, with due adaptations,

the rules set out in Article 49 of Law No 107/2001 of September 8.

4-A The application of the regulated demolition scheme in the previous figures is without prejudice,

case if it deals with leased real estate, the application of the Decree-Law No. 157/2006, 8 of

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August.

Article 58.

Right of preference

1-A gestures entity has preference in transmissions for onerous title, among private individuals,

of land, buildings or fractions situated in area of urban rehabilitation.

2-Dealing with immovable cultural heritage classified or in classification avenues or

of real estate located in the respective protection zones, the right of preference of the

managing entity does not prevail against the rights of preference provided for in Article 1 (1)

37. of Law No. 107/2001 of September 8.

3-The right of preference provided for in the preceding paragraphs can only be exercised should

the managing body understands that the immovable shall be the subject of intervention within the framework of the

urban rehabilitation operation, discriminating in the statement of preference,

notably, the intervention of which the immovable lacks and the time frame within which it intends

execute it.

4-The right of preference exercises in the terms provided for in the legal regime of the

instruments of territorial management, approved by the Decree-Law No. 380/99, of 22 of

September, for the exercise of the right of preference of the municipality on land or

buildings situated in the areas of the plan with scheduled execution, and may be exercised with

the declaration of non-acceptance of the agreed price.

5-In the cases provided for in the final part of the preceding paragraph, it assists the parties to the contract,

first to the seller and then to the buyer:

a) The right of reversal of good when no constant intervention is promoted

of the declaration of preference, applying the provisions of the Code of

Expropriations, with due adaptations;

b) The right of preference in the first alienation of the good.

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Article 59.

Forced tenancy

1-After the completion of the works carried out by the managing body under the provisions of the

Article 55 (2), if the owner, within the maximum of four months, does not proceed to

full ressaration of the expenses incurred by the managing entity, or not der de

renting the building or instalment for a minimum term of five years affecting the

rents to the ressaration of those expenses, can the managing entity lease it, upon

public tender, likewise for a term of five years, renewable in the terms of the article

1096. of the Civil Code.

2-The owner has the right to object to the conclusion of the tenancy agreement

predicted in the final part of the previous number requiring forced sale or expropriation

of the building or fraction concerned.

3-The tenancy provided for in this article does not depart the provisions of Article 73 (3).

4-It is correspondingly applicable to the relationship between the holders of the contracts of

renting and the entity managing the provisions of Article 18 of the Decree Law No. 157/2006,

of August 8.

Article 60.

Servitude

1-Administrative servings may be constituted necessary for resettlement and

operation of activities located in the areas of intervention.

2-A The constitution of the servitude is governed, with the necessary adaptations, by the provisions of the

next article.

Article 61.

Expropriation

1-In the strict extent to which this is necessary, appropriate and proportional, attending to the

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public and private interests in presence, land, buildings and fractions that are

necessary for the implementation of the urban rehabilitation operation can be expropriated,

and the declaration of public utility provided for in Article 32 shall be realized in an act

administrative that individualize the goods to expropriate.

2-A The managing body may further promote expropriation by public utility of

buildings and fractions if the respective owners do not comply with the obligation to

promote their rehabilitation, following notification issued pursuant to the provisions of the

n Article 55 (1), or respond to the notification by claiming that they cannot or do not want to

carry out the works and ordered works.

3-A expropriation by public utilities inherent in the implementation of the rehabilitation operation

urban is governed by the provisions of the Code of Expropriations, with the following

specificities:

a) The competence for the issuance of the expropriation resolution is of the managing entity;

b) The competence for the issuance of the administrative act that individualises the goods to

expropriate is from the city hall or the executive body of the managing body,

depending on whether or not there has been delegation of the powers to which allude the figures

previous;

c) The expropriations covered by this article possess urgent character.

4-In the event that the expropriation is intended to enable the rehabilitation of real estate for its

placement in the market, expropriates have a right of preference over the disposal of the

Same, even if there is no perfect identity between the expropriated real estate and the real estate

placed on the market.

5-In the case of the existence of more than one expropriated to want to exercise the preference,

opens up bidding between them, reversing the difference between the starting price and the final price for

the expropriates, in the proportion of their respective claims.

Article 62.

Forced sale

1-If the owners do not comply with the obligation to rehabilitate in the terms of the provisions of the

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n Article 55 (1), or respond to the respective notification by claiming that they cannot or

do not want to carry out the works and works indicated, the managing body may, in alternative

the expropriation to which it is alleted in paragraph 2 of the preceding article, proceed to the sale of the building or

fraction at cause in public hoisting to whom to offer best price and to be able to comply with

obligation of rehabilitation within the time frame initially set for the purpose, counted from the date

of the pitcher.

2-Should there be the forced sale of property constituted on property

horizontal, only may be the subject of forced sale the autonomous fractions, or parts

liable to be constituted in autonomous fractions, necessary to the realization of the obligation

of rehabilitating, funding the works with the forced sale of these and keeping the owner

the right of ownership of the rest.

3-A The managing body and the municipality dispose of a right of preference in the divestance of the

real estate on public hoisting.

4-For the purposes of the provisions of paragraph 1, the managing body issues a decision to promote the

forced sale, to which it must be substantiated and notified under the terms set out in the Code

of the Expropriations for the resolution of expropriation and application of the utility statement

public, with due adaptations, and shall always indicate the base value of the building or

fraction resulting from promotional evaluation in the terms provided there.

5-The owner assists the right to divest the building or fraction in question to the third party in the

deadline provided for in Article 11 (5) of the Code of Expropriations, as well as to say

what to offer you on the proposal submitted, in the same period, and may present

counter-proposal grounded in report drawn up by expert of your choice.

6-For the purpose of the exercise of the right to divest from the good in the terms of the number

previous:

a) The owner informs the managing entity of the intention to divest and, prior to this

occur, of the identity of the possible acquirer;

b) The managing body shall, within five days counted from the receiving end of the

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information provided in the final part of the previous paragraph, notify the prospective acquirer

of the rehabilitation obligation of the building or instalment and of the applicable regime in the terms

of the present decree-lei;

c) The disposal of the good can only occur after the prospective acquirer has been notified

under the terms of the preceding paragraph.

7-A The managing body may decide to initiate the public hoisting procedure, notifying

previously the person concerned and publishing the decision in the terms set out in the Code of

Expropriations for the declaration of public utility, with due adaptations, when:

a) If you check the circumstances provided for in Article 11 (6) of the Code of

Expropriations;

b) Accept, in whole or in part, the counterproposal referred to in paragraph 5, by reviewing the value

minimum harness of the good.

8-If the pitcher or the acquirer pursuant to paragraph 5 does not begin rehabilitation of the

building or instalment within six months of the arration or acquisition, or,

starting it, failing to complete it within the established period, the procedure laid down in the

n. 1.

9-In the case provided for in the preceding paragraph, the pitcher or the acquirer under the terms of the n.

5 defaulters who see themselves subject to forced sale are not entitled to receive the value that

exceeds the amount that there is dispended in the acquisition of the building or fraction concerned, which

revert to the gestory entity.

10-If in any of the sales on public hoisting do not attend bidder that arrear, the

managing entity pays the price at which the good has been assessed and rehabilitates it by its account

on the deadline initially set for the purpose, counted from the date of the achievement of the hasta

public, under penalty of reversion to the first of the owners subject to forced sale.

11-A The acquisition of the good is titled by the self of pitch, which constitutes title quite

for the enrollment of the acquisition in favour of the adjudicator in the predial register.

12-A The inscription of the acquisition of the real estate on public hoisting under the provisions of the present

article is accompanied by the inscription of a burden of non-divestment and burdening, which only

can be cancelled through the display of certificate passed by the managing entity that attests

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the completion of the works.

Article 63.

Determination of the pecuniary amount to be delivered to the owner in the event of a forced sale

1-In cases where the owner is in agreement with the value proposed by the entity

gestures or has presented counterproposal of value lower than that of the padding, the

managing entity delivers it the product of the public hoisting, finished the respective

procedure.

2-Should the owner have submitted counterproposal under the terms set out in paragraph 5 of the

previous article with a value higher than resulting from sale in public hasta, the entity

gestora promotes an attempt at agreement on the pecuniary amount to be delivered, in the

terms set out in the Code of Expropriations for amicable expropriation, with the

necessary adaptations, without prejudice to it being immediately delivered the product of the hasta

public.

3-In the absence of agreement, in the terms of the preceding paragraph, it shall apply, with the necessary

adaptations, the provisions of the Code of Expropriations for litigious expropriation,

specifically on the arbitration, the designation of arbitrators, the argument for irregularities

and the appeal of the arbitral decision.

4-The deadlines reported in the Expropriations Code to the declaration of public utility,

consider themselves to be reported to the decision to start the public hoisting procedure, provided for in the

n. 6 of the previous article.

5-The owner benefits, in respect of the value of the good subject to forced sale, of

all guarantees conferred on the expropriate, by the Code of Expropriations, relatively

to the fair compensation, specifically as to the forms of payment, payment of the

respective interest and attribution of this value to those interested, with the necessary adaptations.

6-In cases where the value of the good fixed pursuant to paragraph 2 or paragraph 3 is higher than

value of the snatch, the managing entity is responsible for the payment of the difference,

and shall provide the guarantees provided for in the Code of Expropriations, with the necessary

adaptations.

7-The beginning of the rehabilitation works of the good cannot occur before the realization of the

survey ad perpetuam king memoriam , pursuant to the terms set out in the Code of Expropriations, with

the necessary adaptations.

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Article 64.

Restructuring of the property

1-A The managing entity of urban rehabilitation operation can promote restructuring

of the property of one or more real estate, expropriating by public utility of the operation of

urban rehabilitation, under the provisions of Article 61, specifically:

a) The continuous adjacent strips, with the predicted depth in the plans

municipal planning of land use, intended for buildings and their

dependencies, in the cases of opening, widening or regularization of streets, squares,

gardens and other public places;

b) The grounds that, after the works justifying their urban harnessing, do not

are thus availed, without legitimate reason, within 12 months of the

notification that, to that end, be made to the respective owner;

c) Land intended for construction adjacent to public agglomeration routes

urbanites, when the owners, notified to take advantage of

edifices, the do not, without legitimate reason, within 12 months of the

notification;

d) The urban buildings that should be rebuilt or remodeled, on the grounds of the

its small dimensions, position out of the alignment or poor conditions of

salubrity, safety or aesthetics, when the owner does not give compliance,

without a legitimate reason, within 12 months, to the notification which, to that end,

be made.

2-The deadlines to which the points are referred b ), c) and d) of the previous number are suspended with

the beginning of the licensing or prior communication procedure, whenever these

procedures are applicable, ceasing the suspension if the operation is carried out

urbanistic is not licensed or admitted.

3-In the procedures of restructuring of the property covering more than one

building or than a plot of land, the expropriation procedure shall be preceded by the

presentation to the owners of a proposal for agreement for structuring of the

comownership over the or the buildings replacing the existing ones as well as from,

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regarding the goods to expropriate that revert to the public domain, a proposal of

acquisition by way of private law, without prejudice to its urgent character.

SECTION III

Other instruments

Article 65.

Determination of the level of conservation

1-A The managing body may apply for the determination of the level of conservation of a building

urban or from a fraction understood in an area of urban rehabilitation, yet not

are leased, pursuant to the terms set out in the New Urban Tenure Regime

(NRAU), approved by Law No. 6/2006 of February 27, and their diplomas

complementary, with the necessary adaptations.

2-In case it is assigned to a building a conservation level 1 or 2, it must be

immediately ordered the rehabilitation of the building and, if the period granted for the purpose did not

is respected, aggravate the municipal real estate tax, legally terms

predicted.

Article 66.

Identification of buildings or disclunted fractions

The managing body possesses competence to identify the buildings or fractions that if

they find returns, for the purpose of application of the provisions of the Decree Law No 159/2006,

of August 8.

Article 67.

Municipal fees and compensation

1-A special scheme of municipal fees, constant regulation may be established

municipal, to encourage the realization of the urban planning operations under the provisions of the

present decree-law.

2-There can also be established a special scheme of municipal fees, constant

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municipal regulation, for encouragement of the installation, dynamisation and modernization of

economic activities, with restricted application to actions framed in operations of

systematic urban rehabilitation.

3-It may still be established, in municipal regulation, a special calculation regime

of the compensations due to the municipality for the non-ceding of areas for implantation of

urban infrastructure, equipment and urban and green spaces of collective use,

pursuant to the provisions of paragraphs 4 and 5 of Article 44 of the legal regime of urbanization and of the

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

Article 68.

Compensation fund

1-When compensatory equalisation mechanisms are adopted in the framework of

urban rehabilitation operations, compensation funds can be constituted with the

objective to receive and pay the compensations due by the application of those mechanisms

of compensation.

2-Are delegatable in the managing body, if this is not the municipality, the competences

to constitute and manage the compensation funds referred to in the preceding paragraph.

CHAPTER VI

Participation and concertation

Article 69.

Interested

1-Without prejudice to the general rules regarding proceduran legitimacy, they consider themselves

interested, in the framework of procedures to which the present decree-law whose object is

a fraction, a building or a specific set of buildings, the owners and the

holders of other rights, burden and charges relating to the building or instalment to be rehabilitated.

2-Are taken by those interested, for the purposes of applying the provisions of the preceding paragraph, the

that, in the predial record, in the predial matrix or in proof-of-proof basting titles,

figurem as holders of the rights to which the previous figures refer or, whenever

whether it deals with missing buildings or there is manifest disupdating of the registrations and the inscriptions,

those that public and notoriously are taken as such.

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3-Are still interested in the scope of the procedures to be alleased in n. 1 those

that demonstrate having a personal, direct and legitimate interest in respect of the object of the

procedure and that they require their constitution as such.

Article 70.

Representation of unable, missing or unknown

1-Havendo interested unable, absent or unknown without it being organized

the respective representation, the managing body may apply to the competent court that

be appointed interim curator, who is, as to the incapable, in the lack of reasons

ponderous to the contrary, the person to whose custody they are delivered.

2-A The intervention of the interim curator cesses as soon as it is assigned the normal

representative of the unable or absentees or pass to be known to those concerned whose

absence justifiate the curatorship.

Article 71.

Representative organisations of local interests

The participation of those interested in the procedures provided for in this Decree-Law may

be exercised by organizations representing local interests, particularly in the

scope of the public discussion of plans, programmes and projects.

Article 72.

Concertation of interests

1-Within the framework of the administrative procedures provided for in this Decree-Law shall

be promoted the use of mechanisms of negotiation and concertation of interests,

particularly in cases where the interested parties formally speak before the

entity managing will and willingness to collaborate and concert, at that headquarters, the

definition of the content of the administrative decision in question.

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2-A The use of interest-concerting mechanisms should privilege the achievement of

solutions that affect the rights of those interested only to the extent of which to be revealed

necessary to the tutelage of public interests underlying urban rehabilitation and that

allow, as far as possible, the maintenance of the rights that they have on the

real estate.

3-A The managing body shall inform the persons concerned about the respective rights and

duties in the operation of urban rehabilitation, particularly on supports and incentives

existing financial and fiscal.

Article 73.

Rights of occupants of buildings or fractions

1-Whoever, in good faith, inhabits in buildings or fractions that are the subject of coercive works,

under the terms of this decree-law, is entitled to temporary rehousing, at the expense of the

owner, except if it is available in the same concelho or limitrof concelho from another

housing that adequately satisfies the housing needs of your household.

2-Whoever, in good faith, inhabits in buildings or fractions that are the subject of restructuring

of the property, expropriation or forced sale, pursuant to the present decree-law, has

right to equivalent reaccommodation, and should only be constituted as interested in the

procedure for the determination of amount indemnity to be terminated from that

rehousing.

3-The subjects referred to in the previous figures have preference in the later disposals

or building leases or the subject fraction of the rehabilitation action carried out pursuant to the

present decree-law.

CHAPTER VII

Funding

Article 74.

Supports of the State

1-The State may, in the terms provided for in the legislation on the matter, grant support

financial and other incentives to owners and third parties that promote shares of

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rehabilitation of buildings and, in the case of systematic urban rehabilitation operations, of

dynamisation and modernization of economic activities.

2-The State may also grant financial support to the managing entities, in the terms

provided for in special legislation.

3-In any case, the supports provided shall ensure compliance with the standards

applicable for the protection of competition and state aid.

Article 75.

Supports from municipalities

1-The municipalities may, in the terms provided for in legislation and municipal regulation

on the matter, grant financial supports to interventions in the scope of the operations of

urban rehabilitation.

2-Financial supports can be allocated to the owners, the managing entities of the

urban rehabilitation operation and to third parties that promote urban rehabilitation actions,

including those that are intended for the dynamisation and modernisation of economic activities.

3-A legislation referred to in paragraph 1 and the supports provided shall ensure the

compliance with the applicable standards regarding the protection of competition and aid

of state.

Article 76.

Financing of the managing entities

1-The managing entities can borrow in the medium and long term for

to the financing of urban rehabilitation operations, which, if authorized by

dispatch of the minister responsible for the area of finance, do not relies on the effects of the

amount of debt from each municipality.

2-A delimitation of an area of urban rehabilitation gives the municipality the power of

accept and withdraw bills of exchange, grant changeable avales, subscribe to livancers well

how to grant personal and real guarantees, in respect of any operations of

funding promoted by managing entities in the framework of an operation of

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urban rehabilitation.

Article 77.

Real estate investment funds

1-For the implementation of urban rehabilitation, investment funds can be constituted

real estate, in the terms set out in special legislation.

2-A underwriting of units of participation in the funds referred to in the preceding paragraph

can be made in cash or through the delivery of buildings or fractions to be rehabilitated.

3-For the effect provided for in the preceding paragraph, the value of the buildings or fractions is

determined by the managing entity of the fund, within the assessment values ascertained by

an independent evaluator registered in the Securities Market Commission and

by that nominee.

4-A The managing entity of the urban rehabilitation operation can participate in the fund of

real estate investment.

Part III

Supplementary, final and transitional provisions

Article 78.

Transitional arrangements

1-Are considered areas of urban rehabilitation under the terms of this decree-law:

a) The areas of intervention of urban rehabilitation societies created under the

provisions of the Decree-Law No 104/2004 of May 7;

b) The critical areas of urban reclamation and reconversion created under the

provisions of the Decree-Law No 794/76 of November 5;

c) The areas of urban rehabilitation delineated in the year 2009 by deliberation of the

municipal assembly, pursuant to the Extraordinary Support Scheme for

Urban Rehabilitation, passed by Law No. 67-A/2007 of December 31, or of the

Status of Tax Benefits, with the amendments made by Law No. 64-

A/2008, of December 31.

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2-In the case of points a) and b) of the preceding paragraph, the conversion of the intervention zones

of urban rehabilitation societies or critical areas of recovery and conversion

urbanism in areas of urban rehabilitation operates by deliberation of the assembly

municipal, on a proposal from the city hall.

3-The deliberations of delimitation or conversion of the areas of urban rehabilitation to which

refer to, respectively, the point c) of paragraph 1 and paragraph 2, have the effects set out in paragraphs 2

And 3 of Article 17 of this Decree-law.

4-The municipalities shall, within two years of the date of entry into force of the

present decree-law, or of the act of delimitation of the urban rehabilitation area under the terms of the

point ( c) of paragraph 1, if later, approve the urban rehabilitation strategy or the programme

strategic of urban rehabilitation, in the terms of the procedure provided for in the present

decree-law, and give the subsequent follow-up to the procedure.

5-In case it does not come to be approved, in the terms and deadline provided for in the preceding paragraph, the

urban rehabilitation strategy or the strategic urban rehabilitation programme

relatively to an intervention zone of an urban rehabilitation society created by the

shelter from the provisions of the Decree-Law No. 104/2004 of May 7, the respective society of

urban rehabilitation passes to be governed in full by the provisions of this decree-law,

avails of the powers referred to in Article 36 (3).

6-The acts of classification of critical areas of recovery and urbanistic conversion

practiced under the provisions of the Decree-Law No. 794/76 of November 5, well

as the acts of delimitation of the urban rehabilitation area referred to in point (s) c) of the n.

1, lapse in case they do not come to be approved, in the terms and time limits provided for in paragraph 4, to

urban rehabilitation strategy or the strategic urban rehabilitation programme.

7-The provisions of paragraphs 4 and 5 shall be without prejudice to the exercise of the rights to tax benefits or

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others however acquired.

8-Until the approval of the urban rehabilitation strategy or the strategic program of

urban rehabilitation are applicable, as the case may be, the schemes provided for in the Decree-Law

n. 104/2004 of May 7 and in the Decree-Law No. 794/76 of November 5.

Article 79.

Autonomous Regions

The present decree-law applies to the Autonomous Regions of the Azores and Madeira, with the

due adaptations, in the terms of the respective political-administrative autonomy, by

its administrative implementation of the departments and bodies of the respective administrations

autonomous regional with assignments and competences in the framework of urban rehabilitation,

without prejudice to the assignments of the entities of national scope.

Article 80.

Abrogation standard

Without prejudice to the provisions of Article 78, with the entry into force of this scheme

legal are revoked:

a) The Decree-Law No 104/2004 of May 7;

b) Chapter XI of Decree-Law No. 794/76 of November 5.

Article 81.

Entry into force

This diploma shall come into force 60 days after the date of its publication.

Seen and approved in Council of Ministers of

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The Prime Minister

The Minister of State and Finance

The Minister of Justice

The Minister of the Environment, Territory Planning and Regional Development

The Minister of Public Works, Transport and Communications

The Minister of Culture

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(DECREE-AUTHORIZED LAW WHICH PROCEEDS TO THE FIRST AMENDMENT TO THE DECREE-

LEI NO. 157/2006 OF August 8, APPROVING THE COMPLAINT REGIME OR

SUSPENSION OF RENTING CONTRACT FOR DEMOLITION OR REALISATION

OF REMODELING WORKS OR DEEP RESTORATION AND UPDATING OF

RENTS IN THE WAKE OF REHABILITATION WORKS)

Urban rehabilitation takes on today as an indispensable component of policy

of cities and housing policy, to the extent that they converge the objectives of

requalification and revitalization of cities, in particular from their most degraded areas, and

of qualification of the housing stock, looking for a functioning globally

more harmonious and sustainable of cities and the guarantee, for all, of a dwelling

condigna.

It was with the aim of promoting the urban rehabilitation that the Government approved

recently the legal regime of urban rehabilitation, through the Decree-Law n. _____,

of ______. This decree-law comes to provide the administration of the indispensable mechanisms to

pursue a public policy of effective and appropriate rehabilitation. The legal regime

of urban rehabilitation came to introduce, for, significant changes in the framework

current normative of urban planning operations related to the rehabilitation of the

edited.

In this context, it is shown to be necessary to ensure the compatibilization between the new regime

of urban rehabilitation and of the regime applicable to the complaint or suspension of the contract of

renting for demolition or realisation of remodeling works or restoration

deep, in accordance with Article 1103 (8) of the Civil Code, and the updating of

rents in the wake of rehabilitation works under section II of the New Regime of the

Urban Lease, passed by Law No. 6/2006 of February 27, constant

Decree-Law No. 157/2006 of August 8.

Thus:

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In the use of the legislative authorization granted by Article 2, paragraph 2, of the Law No. _______, of

_________, and under the terms of the b) of Article 198 (1) of the Constitution, the Government

decrees the following:

Article 1.

Amendment to the decree-law No. 157/2006 of August 8

Articles 1, 2, 4 to 10 and 24 to 27 of the Decree-Law No. 157/2006 of August 8,

shall be replaced by the following:

" Article 1.

[...]

1-[...]:

a) To the complaint or suspension of the lease for demolition or

realisation of remodeling works or deep restoration, under the terms of the

n Article 1103 (8) of the Civil Code, particularly in area of

urban rehabilitation;

b) [...];

c) [...];

d) To the updating of income following rehabilitation works.

2-[...].

Article 2.

[...]

It is up to the landlord to carry out the necessary works for the maintenance of the state of preservation of the

leased building under the terms of Articles 1074 and 1111 of the Civil Code as well as of the

applicable urban planning legislation, notably from the legal regime of urbanization and the

uplift and the legal regime of urban rehabilitation.

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Article 4.

[...]

1-The works, namely of conservation and reconstruction, which obligate, for their

realization, to the disoccupation of the locus, are considered, for the purposes of this decree-law,

remodeling works or deep restoration.

2-The works referred to in the preceding paragraph may be qualified as structural or not

structural.

3-For the purpose of the preceding paragraph, structural works are considered to originate a

distribution of unmatched fires or equivalence with the previous distribution,

being considered non-structural the remaining ones.

4-The works referred to in the previous figures may take place from urban planning interventions

held in urban rehabilitation area under the legal regime of rehabilitation

urban.

Article 5.

Vicissitudes contractual in the event of remodeling, restoration or demolition of the locus

1-When the landlord intends to carry out remodeling works or deep restoration,

notably of conservation and reconstruction, there may be place the denunciation of the contract or

suspension of its implementation for the period of the course of those.

2-A The suspension of the contract is mandatory when:

a) In the case of non-structural works, these entail the non-existence of conditions of

habitability at the locus during the work;

b) In the case of structural works, if it provides for the existence of site with characteristics

equivalents to those of the one located after the work.

3-When the landlord intends to demolish the locus, there may be place the complaint of the

contract.

Article 6.

[...]

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1-When choosing to report the contract for remodeling or deep restoration, in the

terms of the previous article, the landlord is obliged, in the alternative:

a) To the payment of an indemnity; or

b) To the guarantee of rehousing of the lessee for no less than five years.

2-The value of the compensation referred to in para. a) of the previous number should cover all

the expenses and damages, patrimonial and non-patrimonial, borne by the lessee,

including the value of the benfeits carried out and the investments made in the function of the

located, may not be less than two years of income.

3-A The option by one of paragraph 1 (paragraph 1) shall be preceded in accordance with the lessee.

4-In the absence of agreement between the parties referred to in the preceding paragraph lies the landlord thanks

to the payment of an indemnity under the terms of the ( a) of paragraph 1 and paragraph 2.

5-The rehousing of the lessee provided for in the paragraph b) of paragraph 1 is done in the same

concelho and in conditions analogous to the one that the one already held, whether as far as the site wants

as to the value of the income and charges.

6-Addressing the work carried out within the framework of the urban rehabilitation scheme applies the

provisions of Article 67 of that regime.

Article 7.

[...]

1-When the landlord chooses to denounce the contract for demolition of the locus, in the

terms of Article 5, the scheme provided for in the previous article applies.

2-Except for the provisions of the preceding paragraph the situations in which the demolition:

a) It is required by force of the degradation of the building, incompatible technically with the

your rehabilitation and risk-generating facility for the respective occupants, attest by the

municipality, listened to the municipal arbitral commission (CAM);

b) Decorra of plan of detail of urban rehabilitation.

3-A The application of the regulated demolition scheme in the previous figures is without prejudice,

if it deals with covered building in area of urban planning rehabilitation, the application of the scheme

legal of urban rehabilitation.

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Article 8.

[...]

1-A termination of the contract for remodeling or refurbishment or for demolition is

made by legal action where they are proven to be meeting the conditions permitting it.

2-A The initial petition of the legal action referred to in the preceding paragraph shall be accompanied by

proof of approval by the municipality of architecture project relating to the work a

carry out, save if it is an urbanistic operation exempt from licence or scant relevance

urbanistic;

3-In the case of being due compensation for the complaint, the landlord deposits the value

corresponding to two years of income, in the 15 days following the purposeful of the action.

4-In the case that the ascertained compensation is upstream of the two-year value of

income, the termination of the contract does not produce effects without this being shown to be deposited in the

its entirety.

5-The lessee may raise the deposit referred to in the preceding paragraphs after the

traffic on trial of the sentence declaring the extinction of the lease by denunciation.

6-The parties may choose to submit the action referred to in paragraph 1 a to the arbitral tribunal.

7-In the situations provided for in Article 24 (2), as well as in rehabilitation operations

urban within the framework of the respective scheme, the judicial sentence is replaced with a certificate

issued by the city hall or the managing entity of rehabilitation operations

urban that attests to the need for the realization of remodeling works or deep restoration

and of demolition, operating the denunciation effect from the delivery by the landlord of the values

referred to in the previous numbers.

Article 9.

[...]

1-When choosing to suspend the execution of the contract for remodeling or restoring

deep, by the period of the course of the works, pursuant to Art. 5, the landlord is

thank you to ensure the tenant's rehousing during that time.

2-Applies to the rehousing of the lessee the provisions of Article 6 (3) or, if it is the

case, the provisions of Article 67 of the legal regime of urban rehabilitation.

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Article 10.

[...]

1-A suspension of the execution of the contract for remodeling or deep restoration is done

upon communication of the landlord to the lessee:

a) Of the intention to proceed to works that oblique the vacancy of the locus by

to put into question the conditions of habitability;

b) of the place and the conditions of the rehousing provided;

c) From the date of commencement and foreseeable duration of the works.

2-The lessee, after the communication provided for in the preceding paragraph, may, in the alternative to

suspension, denounce the contract.

3-In the case provided for in the preceding paragraph, it is up to the lessee to indicate the moment of

production of the effects of the complaint, which must occur before the start date of the works.

4-The lessee who does not accept the proposed conditions or the possibility of suspension

of the contract and do not wish to denounce the contract communicates that fact, upon declaration,

to the landlord, who can then turn to CAM.

5-In the event that the tenancy is for non-housing purpose, the lessee may,

upon declaration, prefer to the rehousing an indemnity for all expenses and

damage, patrimonial and non-heritage, arising from suspension, being CAM

competent for your fixation.

6-A denunciation of the tenancy agreement or the declaration of non-acceptance of the suspension

are communicated to the landlord within 30 days of the communication referred to in the n.

1.

7-The tenancy agreement suspending itself at the time of the vacancy of the locus by the

tenant.

8-The landlord communicates to the lessee the completion of the works, the lessee owing

re-occupy the locus within three months, unless fair impediment, under penalty of

expiry of the tenancy agreement.

Article 24.

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[...]

1-A demolition college takes place when you check out the assumptions of the n. 2 of the

article 7.

2-There is still the faculty of demolition when this is considered by the municipality to

technically more suitable solution or demolition is necessary to the execution of plan

municipal land-use planning or approval of urban rehabilitation area.

Article 25.

[...] 1-In case of denunciation of the tenancy agreement for the fulfillment of works of

remodeling or deep restoration or for demolition of the building, which takes place upon

legal action, the dwelling tenant has the right to be rehoused, owing in the

initial petition of the action being indicated the place intended for rehousing and the respective rent.

2-The right to the rehousing of the lessee referred to in the preceding paragraph implies that the

rehousing occurs in the same county and in analogous conditions to those that the lessee already

held, and may not the place to such a place to find itself in a state of poor conservation

or terrible.

3-In the dispute of the judicial action of denunciation of the tenancy contract, the

lessee may invoke the circumstances set out in points (a) and (b) of paragraph 3 of the article

37. of the NRAU.

4-In the dispute of the judicial action of denunciation of the tenancy contract, the

tenant may also choose between rehousing, pursuant to this Article, and

the receipt of the compensation provided for in Article 6 (1), which it has by limit

minimum the value corresponding to 24 times the guaranteed monthly minimum consideration.

5-A The sentence of the legal action referred to in paragraph 1 sets the deadline for the celebration of new

renting contract, the rent payable for the new accommodation, to which is determined in the

terms of Article 31 of the NRAU, as well as the applicable fastening, in the terms of the articles

38. and following of the same scheme.

6-After the sentence referred to in the preceding paragraph shall be concluded new contract of

tenancy, pursuant to paragraph 2.

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7-A death of the relodged lessee is cause of expiry of the tenancy agreement

referred to in the preceding paragraph, the locus shall be given restitution within six months of

count of the decesso.

Article 26.

[...]

1-In the event of a complaint of the contract for the realization of remodeling works or restoration works

deep or for demolition of the locus, the non-housing tenant is entitled to a

compensation in the value of all expenses and damages, patrimonial and non-patrimonial,

taking into account the value of the benfeits carried out and the investments made in

function of the locator, and the value of the compensation may not be less than the value of five

years of income, with the minimum threshold corresponding to 60 times the minimum consideration

guaranteed monthly.

2-In the case provided for in the preceding paragraph, the landlord deposits the corresponding value to 60

Times the guaranteed monthly minimum consideration, in the 15 days following the purposeful of the action.

3-In the case that the ascertained compensation is upstream to the one referred to in the number

previous, the denunciation of the contract does not produce effects without being shown to be deposited with

all of that amount.

Article 27.

[...]

1-The landlord who carries out rehabilitation works or who participates in urban planning operation

of rehabilitation in the three years before proceeding to the update of the rent under the terms of

section II of the NRAU, of which it results in the allocation to the whole of the building or fraction where

is situated the locus of good or excellent conservation level, pursuant to the Decree-Law n.

156/2006, of August 8, may update the annual income by having based the following formula:

R = VPC x CC x 4%

2-For the purposes of the formula referred to in the preceding paragraph:

a) "VPC" is the corrected patrimonial value, corresponding to the value of the assessment

performed under the terms of Articles 38 and following of the Municipal Tax Code

on Real estate (CIMI), without consideration of the coefficient of vetustez;

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b) "CC" is the coefficient of conservation, provided for in Article 33 of the NRAU;

c) "R" is the annual income. "

Article 2.

Entry into force

This decree-law shall come into force 30 days after the date of its publication.

Seen and approved in Council of Ministers of

The Prime Minister

The Minister of State and Finance

The Minister of Justice

The Minister of the Environment, Territory Planning and Regional Development

The Minister of Economy and Innovation