Authorizes The Government To Pass The Legal Framework Of Urban Renewal And To Carry Out The First Amendment To Decree-Law No. 157/2006 Of 8 August, Which Approves The Legal Framework Of The Works In Leased Buildings

Original Language Title: Autoriza o Governo a aprovar o regime jurídico da reabilitação urbana e a proceder à primeira alteração ao Decreto-Lei n.º 157/2006, de 8 de Agosto, que aprova o regime jurídico das obras em prédios arrendados

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449324e6931594c6d527659773d3d&fich=ppl266-X.doc&Inline=false

PRESIDENCY of the COUNCIL of MINISTERS 1 Proposal of law No. 266/X explanatory statement urban rehabilitation stands today as an indispensable component in the context of the politics of cities and housing policy. The appropriate urban policy development is not possible without that qualify and revitalize the different spaces that make up the city. The urban rehabilitation policies assumes that, as a priority aspect of urban intervention policies, and promoting essential for overall more harmonious and sustainable development of cities, able to enhance a better integration between the various social and economic actors. The program of the XVII constitutional Government gives high priority urban rehabilitation, and in this area, already been adopted measures seeking, so articulate, achieve the objectives outlined, inter alia, there to fiscal and financial level, serving to highlight the regime of tax incentives for urban regeneration, approved by the changes introduced by the law of the State budget for 2009, approved by law no 64-A/2008 , 31 December, on the Tax benefits Statute and the exclusion of urban rehabilitation of municipal debt limits. It turns out that this normative reality, regarding the legal treatment of urban rehabilitation, whether with regard to legal instruments strictly urban and regional planning, whether with regard to funding mechanisms, presents a scattered nature and assistemático. Indeed, despite several legal degrees, more or less comprehensive, treat the subject of urban renewal, the truth is that our legal system does not have a diploma spanning consistently and smoothly, the various aspects whose treatment shown essential to ensure that public and private agents have the means necessary for the implementation of appropriate policies for urban regeneration.

PRESIDENCY of the COUNCIL of MINISTERS 2 the current legislative framework of urban rehabilitation, especially, the discipline of the areas of intervention of urban renewal (SRU) contained in Decree-Law No. 104/2004, of 7 May and the figure of the critical areas of urban recovery and reconversion (ACRRU), provided for and regulated in chapter XI of the law of the Land, approved by Decree-Law No. 794/76 , 5 November. So, on the one hand, the central objective of the approval of the legal regime of urban redevelopment to replace a regime that regulates essentially a management model of urban rehabilitation interventions, centered on the Constitution, operation, duties and powers of urban renewal, before the regulatory framework of the urban rehabilitation programme level, procedural and execution. On the other hand, and not least, associates to the delimitation of areas of intervention (' urban renewal areas ') the obligation of setting, by the municipality, the objectives of the urban renewal of the area enclosed and the appropriate means to support them. The present proposal for legislative authorization Act pursues the objective of allowing the creation of a single legal regime, which define the objectives, principles, procedures and instruments of urban planning policy to be applied in the field of urban regeneration.

In addition, this proposal of law legislative authorization covers also the approval of the rules applicable to the withdrawal or suspension of the lease for demolition or renovation works or deep restoration, pursuant to paragraph 8 of article 1103.º of the Civil Code, and the updating of rents as a result of works with a view to rehabilitation in accordance with section II of the new urban rent Regime , approved by law No. 6/2006 of 27 February, contained in Decree-Law No. 157/2006 of 8 August, with a view to their compatibility with the legal framework of the urban rehabilitation urban rehabilitation areas and buildings in these set now proposed, introducing yourself, also, some clarifications in the scheme. Were triggered the auditions to the organs of self-governing regions ' PRESIDENCY of the COUNCIL of MINISTERS 3 autonomous and the National Association of Portuguese municipalities. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 subject-matter Is the Government allowed to approve: a) the legal framework of the urban rehabilitation urban rehabilitation areas and buildings in these set; and (b)) the scheme of termination or suspension of the lease for demolition or renovation works or deep restoration and updating of rents as a result of works with a view to rehabilitation.

Article 2 purpose and 1 extension-the legislative authorization referred to in (a)) of the previous article as to the legal framework of urban renewal in areas of urban renewal and buildings in these set, has the following meaning and extension: a) Define the tasks and the powers of local authorities to promote urban renewal of one or more areas of the municipal territory through the delimitation of areas of urban regeneration and management and urban rehabilitation operations; b) Determine the rights and obligations of owners and holders of other rights, burden or charges in respect of buildings to rehabilitate, consecrating the rehabilitation duty as a duty of all owners of buildings or fractions that covers, in particular, all the works necessary to maintain PRESIDENCY of the COUNCIL of MINISTERS or spare 4 of their security, health and aesthetic arrangement in order to provide suitable performance characteristics and functional, structural and constructive security buildings and fractions, or grant them new functional skills, determined on the basis of urban rehabilitation options pursued; c) establish the obligations of the owners and holders of other rights, burden or charges in respect of real estate to rehabilitate in the context of urban rehabilitation operations, in particular with regard to rehabilitation that must be carried out and the deadlines that must be respected; d) provide that in the areas of urban redevelopment special rules apply, in particular as regards urban control of town planning operations;

e) provide for the establishment of special regimes of real estate taxation in urban renewal areas, including tax benefits associated with the municipal tax on capital, namely, the municipal property tax (IMI) and the municipal property transfer tax (IMT); f) Establish special rules of financing urban renewal operations, either allowing individuals access to urban rehabilitation support programmes, either by giving local authorities the power to accept and get bills of Exchange, commercial paper, guarantees granted to subscribe promissory notes, as well as grant personal and real guarantees, for any financing operations promoted by fund managers in the context of urban rehabilitation operations; g) Determine the conditions under which business entities may be responsible for the promotion, coordination and execution of urban rehabilitation operations concrete, in particular, through the delegation of municipal competencies; h) Set the programming instruments to be used in the rehabilitation COUNCIL of MINISTERS PRESIDENCY by urban 5 special rules relating to urban planning, in particular, special arrangements ruling the elaboration and monitoring of detailed plans of urban rehabilitation, their contents and effects, and predicting that they can pursue the objectives of the detailed plans of safeguarding cultural heritage , replacing them when the intervention area contains or coincides with cultural heritage property classified or classification, and respective protection zones, which determine, in accordance with the law No. 107/2001, of 8 September, the elaboration of a plan of this type;


I) Determine the terms on which the validity of a detail plan of urban renewal that pursues the objectives of development plan of safeguarding the cultural heritage does not relieve the prior favourable opinion issued by the administration of cultural heritage has jurisdiction in respect of town planning operations relating to immovable cultural heritage classified or classified as national interest or public interest or on real estate located in the respective protection zones by determining the obligation to proceed to its identification in the plan; j) Define specific instruments of urban policy, inter alia, expropriation, forced sale or lease, and creation of easements, in cases where the owners do not comply with the duty of rehabilitation of their buildings or fractions and, in particular: (i)) to establish a system of forced sale or expropriation of property or portion of the property, if the owner violates the obligation to rehabilitate or claim that cannot or will not perform the works and necessary work and the property or portion of the property to be assessed in accordance with code of Expropriations and, in the case of a forced sale, sold by public auction who offer best price, ensuring, at the very least, the value of a just compensation, and if you have to comply with the obligation of rehabilitation within initially established for that purpose, the date of the PRESIDENCY of the COUNCIL of MINISTERS 6 judicial benefiting the owner of all the guarantees provided for in the code of Expropriations, mutatis mutandis; II) establish a system of forced lease if the landlord, in reasonable time, not to full reimbursement of the costs incurred by the managing body with coercive works, for a maximum period of 5 years, with the possibility of this request expropriation or forced sale of the property or portion of the property; l) establish the right of pre-emption in transactions of real estate sales located in areas of urban regeneration; m) Define the rights of occupants of buildings or fractions to rehabilitate during the rehabilitation action involving your eviction, in particular the right to temporary relocation. 2-the legislative authorization referred to in (b)) of the preceding article with regard to the legal regime applicable to the withdrawal or suspension of the lease for demolition or renovation works or deep restoration, pursuant to paragraph 8 of article 1103.º of the Civil Code, and update the following income artworks with the aim of rehabilitation has the following meaning and extension : a) provide that the landlord who wishes to carry out refurbishment or restoration particular, conservation, reconstruction and demolition, may terminate the rental agreement or suspend their execution by the period of course; b) provide for the termination of the lease for deep restoration and remodeling or demolition obligates the landlord, by agreement and, Alternatively, the payment of all expenses and damage property and assets, not, supported by the tenant, the amount may not be less than two years of income and includes the value of the improvements, or to ensure the relocation of the lessee for a period of not less than five years in the same County and under conditions similar to those that already owned, either as to the location you want as the value of the income and charges;

PRESIDENCY of the COUNCIL of MINISTERS 7 c) Define that there is no room for compensation or rehousing by the termination of the lease when the demolition is required under the building's degradation, incompatible technically with its rehabilitation and risk generating for their occupants or results from municipal land use plan;


d) Predict that the suspension of the lease during the course of the works to remodel or deep restoration requires the landlord to ensure the relocation of the tenant during this time; and) provide for the landlord to carry out rehabilitation works can proceed to update the rent in accordance with section II of the NRAU PROVIDES; f) Create a special transitional arrangements for contracts of lease to housing were concluded before the entry into force of Decree-Law No. 321-B/90 of 15 October, in which your complaint for remodeling, renovation or demolition deep gives the lessee the right to be relocated; g) Create a special transitional arrangements for contracts of lease for residential purposes concluded before the entry into force of Decree-Law No. 257/95, of 30 September, in which its complaint to remodeling, renovation or demolition deep gives the tenant housing not the entitlement to payment of all expenses and damage property and assets, not, considering the value of the improvements made and the investments made in function of the leased , the amount may not be less than the value of five years of income, with the minimum corresponding to 60 times the minimum monthly wage. Article 3 Duration the legislative authorisation conferred by this law lasts for 120 days from the date of its publication.

PRESIDENCY of the COUNCIL of MINISTERS 8 article 4 entry into force this law shall enter into force on the day following that of its publication.

Seen and approved by the Council of Ministers of 9 April 2009 Prime Minister the Minister of Parliamentary Affairs Minister Presidency, PRESIDENCY of the COUNCIL of MINISTERS AUTHORIZED 9 (Decree-law which establishes the legal REGIME of URBAN REHABILITATION, and repealing Decree-Law No. 104/2007, of MAY 7, AS WELL AS the PROVISIONS of CHAPTER XI of Decree-Law No. 794/76 , Of 5 November) the urban rehabilitation is assumed today as an indispensable component of the policy of cities and housing policy, to the extent that converge the objectives of retraining and revitalization of cities, in particular its most degraded areas, and qualification of the housing stock, looking for a more harmonious and sustainable overall functioning of cities and to guarantee for all, a decent housing. The program of the XVII constitutional Government gives high priority urban rehabilitation, and in this area, already been adopted measures seeking, so articulate, achieve the objectives outlined, inter alia, there to fiscal and financial level, serving to highlight the regime of tax incentives for urban regeneration, through the changes introduced by the law of the State budget for 2009, approved by law no 64-A/2008 December 31, 2008, the Tax benefits Statute, approved by Decree-Law No. 215/89 of 1 July, and deleting the urban rehabilitation of municipal debt limits. The legal framework of urban renewal which now consecrates arises from the need to find solutions to five major challenges facing urban renewal. They are: a) Articulate the duty of rehabilitation of buildings it is the private public accountability to qualify and modernize the space, equipment and infrastructure of urban areas to rehabilitate.

b) Ensure complementarity and coordination between the various actors, concentrating resources on integrated rehabilitation operations in areas of PRESIDENCY of the COUNCIL of MINISTERS 10


urban rehabilitation, whose demarcation is up to the municipalities and which intensify the fiscal and financial support; c) Diversify the models of management of urban rehabilitation interventions, opening up new possibilities of involvement of owners and other private partners; d) Create mechanisms to streamline the procedures for prior checking of the urban rehabilitation operations; and Develop new instruments which permit) to balance the rights of owners with the need to remove obstacles to rehabilitation associated with the ownership structure in these areas. The current legislative framework of urban regeneration presents a dispersed nature and assistemático, matching him, above all, the discipline of the areas of intervention of urban renewal (SRU) contained in Decree-Law No. 104/2004, may 7, and the figure of the critical areas of urban recovery and reconversion (ACRRU), provided for and regulated in chapter XI of the law of the Land, approved by Decree-Law No. 794/76 , 5 November. Thus, the main aim of this decree-law to replace a regime that regulates essentially a management model of urban rehabilitation interventions, centered on the Constitution, operation, duties and powers of urban rehabilitation companies, by another regime that the normative framework of the urban rehabilitation programme level, procedural and execution. In addition, and not least, associates to the delimitation of areas of intervention (the ' urban renewal areas ') the definition, by the municipality, the objectives of the urban renewal of the area enclosed and the appropriate means to support them. Part of a broad concept of urban rehabilitation. Gives special relief, not only to real estate or equity aspects of rehabilitation, but the integration and coordination of the intervention, stressing the need to achieve consistent solutions between the functional aspects, economic, social, cultural and environmental areas to rehabilitate. In this way, you begin by defining the key objectives to be achieved through the urban renewal, and determine the principles that it must obey.

PRESIDENCY of the COUNCIL of MINISTERS 11 the present legal framework of the urban structure rehabilitation rehabilitation interventions based on two fundamental concepts: the concept of urban rehabilitation area», whose demarcation by the municipality have the effect of determining the territorial portion which justifies an integrated intervention under this regulation, and the concept of «urban renewal» operation, corresponding to the concrete structure of the interventions to be carried out within its urban renewal area. It was therefore more clearly regulate the procedures must meet the definition of the areas subject to urban renewal, as well as the programming and planning of interventions to be carried out in these same areas. Thus, the Act of delimitation of urban rehabilitation area operated by the municipalities, in instrument itself, preceded by the opinion of the Office of housing and Urban rehabilitation, i. p., or through the adoption of a detailed plan of urban rehabilitation, corresponding to the area of intervention, is associated with the requirement of the determination of objectives and intervention strategy This is also the time of the definition of the type of operation of urban renewal to be carried out and the choice of the Fund Manager. Indeed, in a logic of flexibility and in order to enable a more adequate response in the face of several concrete cases checked, opts for allow two distinct types of urban rehabilitation operation.

In the first case, referred to as ' simple ' urban renewal operation, essentially directed to rehabilitation of the built, aiming the urban rehabilitation of an area, especially the rehabilitation of buildings. In the second case, referred to as ' systematic ' urban renewal operation, is accentuated the integrated aspect of the intervention, addressing the rehabilitation of buildings and infrastructure qualification, equipment and green spaces and urban collective use, with the objectives of re-qualification and revitalize the urban fabric. In a case like in another, the demarcation of urban rehabilitation area assigns a PRESIDENCY of the COUNCIL of MINISTERS 12 significant set of effects. Among these is the emergence of an obligation of definition of the tax benefits associated with the municipal tax on capital. It is also of that Act the assignment owners access to financial support and tax incentives and urban rehabilitation. The Act of delimitation of urban rehabilitation area, whenever you opt for a systematic urban renewal operation has as consequence the immediate declaration of public utility expropriation of existing buildings or the creation of easements. Management companies urban renewal operations can correspond to the municipality or the local business sector entities already exist or are to be instituted. If these corporate managers have for exclusive corporate object the operations management of urban rehabilitation, are the quality of urban rehabilitation companies, granted, in exceptional cases, the participation of State capital in these municipal companies. In any case, it is the responsibility of the municipality, where not directly promote the management of urban rehabilitation operation, determine the powers of the managing body, through the Office of the delegation of powers, and is presumed, if the managing body the quality magazine of urban rehabilitation society and the municipality anything establish otherwise, the delegation of certain powers to the management company.

The role of public actors in the promotion and implementation of the necessary measures for urban rehabilitation arises more well delineated, leaving, however, to highlight the obligation of rehabilitation of buildings or fractions in charge of their respective owners. With regard to the latter, and others interested in the operation of urban rehabilitation, guarantees of participation are reinforced, both in terms of consultation promoted during the demarcation of areas of urban regeneration and the development of the strategy and programming instruments of interventions to be carried out, whether within the framework of its implementation. In this respect, it is properly framed the role of the various public and private actors in the pursuit of the task of urban renewal. In order to promote the PRESIDENCY of the COUNCIL of MINISTERS 13 participation of individuals in this field, to fund managers recourse to partnerships with private entities, which can be structured in many ways, since the granting of joint administration between urban rehabilitation fund manager and owners. Especially relevant in the present law is the regulation of detailed plans of urban rehabilitation, already provided for in the legal regime of territorial management instruments, approved by Decree-Law No. 380/99, of 22 September, as a specific mode of detailed plans, both as regards its content and material, either with regard to the procedural rules of preparation and follow-up. Looking for the proper articulation with detailed plans for safeguarding cultural heritage. The objective is to enable a better integration between the municipal urban planning policies and the policies of their rehabilitation, and, in any case, optional preparation. Huge effect associated with the approval of the detailed plans of urban rehabilitation is to enable hearing waiver of public entities to consult within the framework of procedures for prior checking of the town planning operations in the area of the intervention plan, where those entities have given a favourable opinion. This is a significant simplification of licensing procedures and advance notification of urban operations. Also the control of town planning operations conducted in urban rehabilitation area is subject to a special set of rules enshrined in the present legal regime. Highlights, in this respect, the possibility of delegation of those powers by the municipalities in managing bodies, expressly or tacitly, what do you do also follow a set of procedural rules designed to streamline licensing procedures when held by fund managers. As regards urban policy instruments, sought to reunite the various figures who were scattered in existing legislation, grouping mechanisms essential to the materialization of the public choices in terms of rehabilitation. Especially innovative in the current national legal framework, while retrieving a PRESIDENCY of the COUNCIL of MINISTERS 14


Institute with ancient traditions in the urban legislation, is the mechanism of the forced sale of real estate, which obliges owners who do not carry out the works and papers ordered at your disposal by public auction, thus allowing their replacement by others who, without prejudice to their particular usefulness in availability of perform the social function of the property. In addition to legal instruments traditionally used in the field of Urbanism (for example the expropriation, easements or the restructuring of the property), the municipalities to set up a special scheme of fees, in order to thus create an incentive for urban operations.

Considering the special sensitivity of the matter in question, dedicates a chapter to the participation of stakeholders and coordination of interests, specifically the rights of occupants of buildings or fractions. Finally, the last chapter is dedicated to the matter of funding, key aspect in urban regeneration. Although this matter is not subject to comprehensive regulation, it is relevant that we provide here the possibility of granting financial aid from the State and municipalities to fund managers, opening the door to the establishment of real estate investment funds dedicated to urban redevelopment. Was heard the National Association of Portuguese municipalities and the Government organs of the autonomous regions. So: the use of legislative authorization granted by law no _ _ _ _ _ _, _ _ _ _ _ _, and in accordance with paragraph 1 (a)) and b) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: part I fundamental principles article 1 Under PRESIDENCY of the COUNCIL of MINISTERS 15 this Decree-Law establishes the legal regime of urban rehabilitation in areas of urban renewal and buildings in these set. Article 2 definitions for the purposes of this Decree-Law: (a)) ' Accessibility ' means the set of conditions for access and circulation in buildings, as well as in public spaces, allowing free movement, autonomous and independent at any person, particularly to people with disabilities; b) «urban rehabilitation Area», the territorially bounded area that, in view of the inadequacy, breakdown or obsolescence of buildings, infrastructure, equipment and use of urban spaces and green of collective use, in particular as regards their conditions of use, robustness, security, aesthetics or wholesomeness, justify an integrated intervention, and may be approved in instrument itself or match the area of intervention of a detail plan of urban renewal; c) «Building», permanent construction, equipped with independent access, covered, limited by outer walls or meeiras walls ranging from foundations to the roof, designed to use human or other purposes; d) ' Property ', the building vacant or the fraction that it is considered under articles 2 and 3 of Decree-Law No. 159/2006 of 8 August; and «management company»), the entity responsible for the management and coordination of urban rehabilitation operation on an area of rehabilitation; f) ' Proportion ' means that part of a building which meets the requirements laid down in article 1415.º of the Civil Code, whether or not the same consisting in horizontal property regime; g) «housing», the unit in which the life of an aggregate resident in the PRESIDENCY of the COUNCIL of MINISTERS building 16, which comprises the fire and its dependencies; h) ' urban renewal ' operation, the articulated set of interventions aimed at, in an integrated manner, the urban regeneration of a certain area;

l) «rehabilitation of buildings ', the form of intervention designed to confer suitable performance characteristics and functional, structural and constructive security to one or several buildings, the buildings functionally embedded in your patio adjacent, as well as integrated in the building, eventually fractions or grant them new functional skills, determined on the basis of urban rehabilitation options pursued, in order to allow new uses or use with higher performance standards and can understand one or more town planning operations; m) «urban renewal», the form of integrated intervention on the existing urban fabric, in which the urban and real estate assets is kept, in whole or in substantial part, and modernized through the works of remodeling or improvement of urban infrastructure systems, of equipment and of urban spaces and green of collective use and construction, reconstruction , extension, alteration, maintenance or demolition of buildings. n) «intervention» Unit geographically defined area putting specific intervention of urban rehabilitation, as part of an urban renewal area bounded in instrument itself, with identification of all the buildings covered, and may correspond to all or part of an urban renewal area or, in cases of particular public interest, to a building. Article 3 Objectives the urban rehabilitation should contribute, to articulate, to the pursuit of the following objectives: PRESIDENCY of the COUNCIL of MINISTERS to 17) ensuring the rehabilitation of the buildings which are degraded or functionally inadequate; b) Rehabilitate degraded urban fabrics or degradation; c) Improve the conditions of habitability and functionality of the real estate and urban park of unbuilt spaces; d) Ensure the protection and promote the enhancement of the cultural heritage; and assert the patrimonial values,) materials and factors of symbolic identity, differentiation and urban competitiveness; f) Modernize urban infrastructure; g) Promoting environmental sustainability, economic, social and cultural of urban spaces; h) promote urban revitalization, driven by strategic objectives of urban development, in which the actions of nature material are designed in an integrated manner and actively combined in their implementation with social and economic interventions; I) Ensure the functional integration and economic and socio-cultural diversity in the existing urban fabric; (j)) re-qualification of the green spaces, urban spaces and equipment for collective use; l) qualify and integrate urban areas especially vulnerable, promoting social inclusion and territorial cohesion; m) ensure equal opportunities for citizens in access to infrastructure, equipment, services and urban functions; n) Develop new solutions of access to decent housing; the) Recover functionally obsolete urban spaces, promoting your PRESIDENCY of the COUNCIL of MINISTERS 18 potential to attract innovative and competitive urban functions; p) to promote the general improvement of mobility, in particular through a better management of public roads and other public areas; q) Promote the creation and the improvement of accessibility to disabled citizens; r) Promote the adoption of energy efficiency criteria in public and private buildings. Article 4 General principles of urban rehabilitation policy obeys the following principles: the principle of accountability of owners) and holders of other rights, burden and costs on the buildings, giving the initiative a preponderant role in the rehabilitation of built and getting them to that extent, the costs inherent in this activity; b) subsidiarity principle of public action, ensuring that the urban rehabilitation actions relating to private spaces are directly promoted by public entities only to the extent that individuals, either alone or in cooperation with those, don't ensure or cannot assure them; c) principle of intergenerational solidarity, ensuring the transmission to future generations of urban spaces correctly ordered and kept; d) principle of sustainability, guaranteeing that the intervention based on a financially sustainable and balanced model and contributing to enhance the urban areas and buildings created through innovative and sustainable solutions from the point of view of socio-cultural and environmental development; e) principle of integration, preferring the intervention in areas whose boundaries enable an appropriate response and articulated to the morphological components, economic, social, cultural and environmental aspects of urban development; f) principle of coordination, promoting convergence, the articulation, the compatibility and complementarity between the various actions of the COUNCIL of MINISTERS PRESIDENCY initiative 19


between themselves and between these and the actions of private initiative; g) principle of contractualisation, encouraging and promoting models of urban rehabilitation operations and urban operations aimed at urban renewal based on consultation between the public and the private sector initiative; h) principle of protection from existing allowing interventions in buildings that comply with in all legal and regulatory provisions applicable on the date of intervention, don't aggravate the unconformity of the buildings in relation to these provisions or result in the improvement of safety and wholesomeness of the building or of them results in an improvement of performance and functional safety structural and building constructive and sacrifice as a result of compliance with those provisions is disproportionate in face of the unconformity created or exacerbated by the completion of the intervention; I) principle of fair consideration, promoting an appropriate weighting of all the relevant interests in face of rehabilitation operations, in particular the interests of the owners or other rights holders on buildings the subject of rehabilitation operations; j) principle of equity, ensuring the fair distribution of costs and benefits arising from the implementation of the operations of urban regeneration.

Article 5 Duty of urban rehabilitation promotion rests with the State, the autonomous regions and local authorities to ensure, within the framework of the present Decree-Law and other applicable legal regimes, the promotion of measures necessary for the rehabilitation of urban areas that lack. Article 6 Obligation of rehabilitation of buildings 20 1 PRESIDENCY of the COUNCIL of MINISTERS-the owners of buildings or fractions have a duty to ensure their rehabilitation, including performing all works necessary for the maintenance or replacement of their security, health and aesthetic arrangement, in accordance with the procedure provided for in this decree-law. 2-the owners and holders of other rights, burden and costs on building or fractions may not, intentionally or negligently, cause or aggravate a situation of lack of security or public health, cause damage or harm your aesthetic arrangement. Part II legal framework of urban rehabilitation Chapter I General provisions article 7 urban rehabilitation promotion 1 – the urban rehabilitation is promoted by municipalities through the delimitation of areas of urban regeneration in instrument itself or through the approval of a rehabilitation plan. 2-every urban rehabilitation area corresponds to an urban rehabilitation operation. Article 8 1 urban renewal operations – the municipalities can choose to carry out an operation of urban regeneration: a) simple; or (b)). 2-the urban renewal operation consists of a simple integrated urban rehabilitation intervention of an area, addressing primarily the rehabilitation of built, within a framework of coordination and support of articulating its implementation. 3-the operation of urban systematic rehabilitation consists of an integrated urban rehabilitation intervention of an area, directed to the rehabilitation of the built and the qualification of the PRESIDENCY of the COUNCIL of MINISTERS 21 infrastructure, equipment and green spaces and urban collective use, aimed at the rehabilitation and revitalization of urban fabric, associated with a public investment program. 4 – urban rehabilitation operations are framed by simple and systematic programming instruments, designated, respectively, of urban rehabilitation strategy or strategic urban rehabilitation program. 5 – the strategy of urban renewal or urban rehabilitation strategic programme densify the duty burden rehabilitation on the owners and holders of other rights, burden and costs on buildings or fractions falling in an area of urban regeneration. Article 9 management company urban rehabilitation operations are coordinated and managed by a Fund Manager.

Article 10 1-managing body types may be the quality of the Fund Manager: a) the municipality; (b)) a public company of the local business sector. 2-When the State-owned company referred to in subparagraph (b)) of the preceding paragraph the purpose exclusive social urban rehabilitation operations management, adopting the designation of urban renewal society. 3-the type of Fund Manager is adopted from those referred to in paragraph 1 on urban rehabilitation strategy or strategic programme of urban renewal. Article 11 models of urban rehabilitation operations PRESIDENCY of the COUNCIL of MINISTERS 22 1-for the purposes of this scheme may be adopted the following models of urban rehabilitation operations: a) on the initiative of individuals; (b)) at the initiative of the managing bodies. 2-in the cases referred to in point (a)) of the preceding paragraph, the implementation of the operations of urban rehabilitation may develop through the run mode by individuals with the support of the Fund Manager or through the joint administration mode. 3-in the cases referred to in point (b)) of paragraph 1, the implementation of the operations of urban rehabilitation may develop through the following modalities: the direct Execution by the managing body); b) Implementation through joint administration; c) Implementation through partnerships with private entities. 4 – partnerships with private entities come true through: the granting of rehabilitation); b) urban rehabilitation contract. 5-partnerships with private entities can only be taken in the framework of urban systematic rehabilitation operations, within the framework of intervention or unit of execution. CHAPTER II Areas urban rehabilitation section I General provisions article 12 Subject areas urban rehabilitation 1 – urban rehabilitation areas focus on urban spaces which, by reason of inadequacy, breakdown or obsolescence of the buildings, urban infrastructure, of the PRESIDENCY of the COUNCIL of MINISTERS 23 equipment or of urban spaces and green of collective use, justify an intervention. 2 – the areas of urban rehabilitation may cover, inter alia, areas and historical centres, cultural property heritage classified or in the process of sorting and respective protection zones, degraded urban areas or urban areas. Article 13 programming Instruments of urban rehabilitation areas the definition of an area of urban renewal must be duly substantiated, in particular: (a)-containing) the code in the options of urban development of the city; b) the definition of the type of operation of urban renewal; c) urban rehabilitation strategy or strategic programme of urban renewal, depending on the type of urban rehabilitation operation is simple or systematic. Article 14 approval of rehabilitation in urban areas own 1 instrument-the delimitation of areas of urban regeneration in instrument itself is within the competence of the City Council, on a proposal from the City Council. 2-the plan for the demarcation of urban rehabilitation area and its urban renewal strategy or its strategic programme for urban rehabilitation are referred to the Institute for housing and urban renewal, I. P., which offers 30-day deadline to issue opinions, after which considers himself nothing to oppose. 3-After consideration of the opinion referred to in the preceding paragraph, the draft definition of urban rehabilitation area and its urban renewal strategy or strategic urban rehabilitation program are submitted to public discussion, to promote in accordance with the legal regime of territorial management instruments, approved by Decree-Law No. 380/99, of 22 September to the public discussion of the detailed plans.

PRESIDENCY of the COUNCIL of MINISTERS 24 4-the Act of approval of the demarcation of urban rehabilitation area is advertised through a notice published in the second series of the Diário da República, in local or national newspaper and on the website of the municipality, and shall expressly mention the locations where the elements identified in paragraph 2 can be found.


5-the procedure referred to in this article may occur simultaneously with the preparation, amendment or revision of territorial management instruments of municipal scope, being, in those circumstances, subject to its monitoring process, participation and approval by the City Council. Article 15 approval of urban rehabilitation in areas of detailed plan of urban rehabilitation urban rehabilitation area can be set by means of a detailed plan of urban rehabilitation, corresponding to their area of intervention. Article 16 territorial action programme the demarcation of the area of urban renewal, the strategic programme of urban renewal, the program intervention unit, the establishment, revision or amendment of detailed plan of urban renewal, as well as the terms of its implementation, can be, jointly or separately, the subject of territorial action programme, to be concluded in accordance with the legal regime of territorial management instruments approved by Decree-Law No. 380/99, of 22 September. Article 17 effects of approval of an urban rehabilitation area 1-the approval of a rehabilitation urban area requires its managing body to promote the operation of urban rehabilitation in the context of the powers and the duties provided for in this decree-law. 2-the adoption of an urban rehabilitation area requires the definition, by the municipality, the tax benefits associated with the municipal tax on capital, namely, PRESIDENCY of the COUNCIL of MINISTERS 25 the municipal property tax (IMI) and the municipal property transfer tax (IMT), in accordance with applicable law.

3-the approval of a rehabilitation urban area gives the owners and holders of other rights, burden and costs on buildings or fractions in it included the right of access to financial support and tax incentives and urban rehabilitation, under the terms established in the applicable legislation, without prejudice to other benefits and incentives relating to cultural heritage. Article 18 Scope of temporal urban rehabilitation area 1 – urban rehabilitation area bounded in instrument in force by the deadline itself on urban rehabilitation strategy or strategic programme of urban renewal, with possibility of extension and cannot, in any case, be in force for a period of more than 15 years. 2-the extension provided for in the preceding paragraph is approved by the City Council, on a proposal from the City Council. 3 – urban rehabilitation area set in urban rehabilitation detail plan exists at the same time, and in any case, be in force for a period of more than 15 years. 4-the preceding paragraphs shall not preclude that, after those time limits, can be given new urban renewal operation covering the area concerned.

Article 19 monitoring and evaluation of the urban renewal operation 1-the managing body shall draw up an annual report of monitoring ongoing rehabilitation operation, which must be submitted to the City Council. 2-every five years of life of the urban renewal area, the municipality must submit to the Council a report evaluating the implementation of the urban renewal operation, accompanied, where appropriate, by a proposal for amendment of its instrument.

PRESIDENCY of the COUNCIL of MINISTERS 26 3-the reports referred to in paragraph 1 and the preceding paragraph and the terms of your appreciation for the municipal assembly are necessarily subject to disclosure on the website of the municipality. Article 20 Amendment of the delimitation of urban renewal area, the type of urban rehabilitation and operation of programming instruments 1-modification of the boundaries of urban rehabilitation area and type of operation of urban rehabilitation follows the procedure laid down in article 14. 2-in the case of changing the type of systematic urban rehabilitation operation for simple, there is no place for public discussion. 3-programming tools can be changed at any time. 4-modification of the programming instruments falls within the competence of the City Council, on a proposal from the City Council. 5-the Act of approval of the amendment of the instruments of programming is advertised through a notice published in the second Series of the Diário da República, in local or national newspaper and on the website of the municipality. Section II detailed Plans of urban rehabilitation in article 21 the Legal Regime applicable to detailed plans of urban rehabilitation 1 – the urban rehabilitation detail plan follows the provisions of the legal regime of territorial management instruments, approved by Decree-Law No. 380/99, of 22 September, with the specific features introduced by this decree-law.

2-where the area of intervention of urban rehabilitation detail plan contains or coincides with cultural property heritage classified or classification, and their protection, to determine, pursuant to law No. 27107 PRESIDENCY of the COUNCIL of MINISTERS/2001, of 8 September, the elaboration of a detailed plan of safeguarding cultural heritage the detailed plan of urban renewal to achieve its objectives and protection purposes, eliminating the development of that. 3-in the cases referred to in the preceding paragraph and in the case of the immovable cultural heritage classified or in the process of sorting and respective protection zones, the detailed plan of urban rehabilitation obey the provisions of paragraphs 1 and 3 article 53 of law No. 107/2001, of 8 September. Article 22 subject to the detailed plans of urban rehabilitation urban rehabilitation detail plan establishes the integrated strategy and rules for the use and occupation of the land and buildings necessary to promote and guide the recovery and modernization of the urban fabric and the economic, social and cultural revitalization in their area of intervention. Article 23 territorial scope of detailed plans of urban rehabilitation 1-the detail plan of urban rehabilitation focuses on an area of the municipal territory, in view of the inadequacy, breakdown or obsolescence of buildings, infrastructure, equipment and use of urban spaces and green of collective use, in particular as regards their conditions of use , solidity, safety, aesthetic or hygiene, justify an intervention.

2-If the intervention area of the detailed plan of urban renewal contains or, even if partially coincide with previously defined area as urban rehabilitation area in instrument itself, this redelimitada considered according to the intervention area of the plan. 3-in the case referred to in the preceding paragraph, when the intervention area of the detail plan not cover fully the area previously delimited as area PRESIDENCY of the COUNCIL of MINISTERS of 28 urban rehabilitation in own instrument, must be redelimitação or revocation of the area not covered by the area of intervention of the plan at the same time as the Act of approval of this instrument of territorial management. Article 24 material content of detailed plans of urban rehabilitation 1-beyond the material content of the detailed plans pursuant to article 91 of the legal regime of territorial management instruments, approved by Decree-Law No. 380/99, of 22 September, the detailed plan of urban rehabilitation should adopt a specific material content adapted to the purpose of promotion of urban rehabilitation in its area of intervention , establishing in particular: a) the delimitation of the execution units, for the purposes of the implementation of the plan; b) identification and joint, integrated and sequenced perspective, the main projects and actions to be taken in each execution unit; c) The principles and rules of land use and buildings with a view to the enhancement and protection of assets, cultural, natural and landscape in their area of intervention; d) The principles and rules of land use and buildings suitable for strategy of economic, social and cultural revitalization of its intervention area, in conjunction with the other urban policies of the municipality; and) the systematic identification and classification of buildings, urban infrastructure, equipment and green urban spaces and collective use of each execution unit, establishing their needs and rehabilitation and modernization purposes or providing for its demolition, when applicable. 2-Notwithstanding the provisions of subparagraph (a)) of the preceding paragraph, the establishment or the redelimitação of the execution units, even if contained in the detailed plan of urban rehabilitation, can be made at the stage of implementation of the plan, on the initiative of the management company or of the owners.

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3-detailed plans of urban redevelopment whose intervention area contains or coincides with cultural heritage property classified or classification, and their protection, pursuing the objectives and purposes of the detailed plans of safeguarding cultural heritage, and also to those areas the content of this plan, spells out the rules and principles of safeguarding and valorization of heritage classified or in the process of sorting and respective protection zones established in law No. 107/2001, of 8 September. Article 25 documentary Content detailed plans of urban rehabilitation 1-in addition to the provisions of article 92 of the legal regime of territorial management instruments, approved by Decree-Law No. 380/99, of 22 September, the detailed plan of urban renewal is accompanied by the programming instruments of urban rehabilitation operation defined in article 8 2 – amendments to the urban renewal strategy or strategic urban rehabilitation program that do not involve amendment of the plan urban rehabilitation detail follow the procedure set in article 20 3-To changes in the type of urban rehabilitation operation the rules contained in the last part of paragraph 1 and in paragraph 2 of article 20. Article 26 detailed plans of urban rehabilitation 1-the preparation of the detailed plan of urban renewal it is up to the City Council, on its own initiative or upon proposal submitted by the interested parties, being determined by resolution, to publish and advertise in accordance with paragraph 1 of article 74 of the legal regime of territorial management instruments, approved by Decree-Law No. 380/99 , 22 September. 2-in the decision referred to in the preceding paragraph, the City Council defines the terms of reference of the detailed plan, which integrate, whenever the planned intervention area of the plan covers an area of urban renewal have bounded in the COUNCIL of MINISTERS PRESIDENCY instrument 30 itself, the strategy of urban renewal or urban rehabilitation strategic program concerned. 3-in situations where there is already urban rehabilitation strategy or strategic programme of urban renewal in force, covering the whole area of the intervention plan, and keep the objectives and actions defined in them, there are no preventive public contribution referred to in paragraph 2 of article 77 of the legal regime of territorial management instruments, approved by Decree-Law No. 380/99 , 22 September. Article 27 monitoring the preparation of detailed plans of urban rehabilitation 1-detailed plans for monitoring urban rehabilitation applies the provisions of article 75 C of the legal regime of territorial management instruments, approved by Decree-Law No. 380/99, of 22 September.

2-in the Conference services, the entities of the central administration, direct and indirect, which must give its opinion on the detail plan of urban renewal because of the location or of guardianship of administrative obligations and restrictions of public utility must state expressly, when speak unfavorably, the reasons for his disagreement and what are the changes necessary to make possible the solution plan. 3-the favorable pronunciation of the entities referred to in the preceding paragraph or the reception of its amendments govern the remission of these entities query in the prior checking of the town planning operations in accordance with the plan. Article 28 the detail plans of urban rehabilitation in areas that contain or match still classified cultural heritage or in the process of sorting and respective protection zones 1-in the case referred to in paragraph 2 of art. 21, the competent cultural heritage Administration cooperates with the municipality in the preparation of the detailed plan of urban renewal, and shall be heard in the definition of the terms of reference of the plan with regard to immovable cultural heritage classified or rating, and its PRESIDENCY of the COUNCIL of MINISTERS 31 protection areas, and provide the technical support necessary in the work of the project preparation and design of the plan for the same areas. 2-the terms of the collaboration of the administration of the cultural heritage can be the subject of a partnership Protocol to be concluded with the competent City Council, without prejudice to the mandatory monitoring of detailed plan of urban renewal. 3-the pronunciation of the cultural heritage administration in respect of the immovable cultural heritage classified or classification, and their protection is mandatory and binding, and shall, in the event of unfavorable pronunciation, be stated explicitly the reasons for his disagreement and what are the changes necessary to make possible the solutions detailed plan of urban renewal. 4-the urban rehabilitation detail plan determines the query waiver of administration of cultural heritage in the prior checking of the town planning operations in accordance with the plan, in accordance with paragraph 2 of article 54 of law No. 107/2001, of 8 September. 5-Notwithstanding the previous paragraph, the detailed plan may provide expressly the need to issue a prior opinion in favour of the competent cultural heritage Administration for urban operations relating to immovable cultural heritage classified or classified as national interest or public interest or on real estate located in the respective protection zones by its identification in an annex to the regulation and in plant. 6-In any case, cannot be made the total or partial demolition of immovable cultural heritage classified or sorting without express prior authorization from the competent cultural heritage administration, applying the rules laid down in article 49 of law No. 107/2001, of 8 September.

PRESIDENCY of the COUNCIL of MINISTERS 32 CHAPTER III Operations of urban rehabilitation urban rehabilitation Operations section I simple article 29 general principle Without prejudice to the duties of management committed to managing body, the rehabilitation of buildings designed for the implementation of a simple urban renewal operation should be carried out preferably by respective owners and holders of other rights , burden and costs. Article 30 urban rehabilitation Strategy 1-urban rehabilitation operations are guided by a strategy of urban renewal. 2-the urban renewal strategy should, without prejudice to the treatment of other subjects that are perceived as relevant: a) strategic options for rehabilitation of urban rehabilitation area, compatible with the development options of the municipality; b) establish the term of execution of the operation of urban renewal; c) Set priorities and specify the objectives to be pursued in implementing the urban renewal operation; d) present a framework of support and incentives for rehabilitation carried out by owners and other holders of rights and propose solutions for financing the rehabilitation; and) Clarify the conditions of application of the instruments for the implementation of urban renewal provided for in this law; f) Set the management model of urban rehabilitation area and running the Presidency of the Council of MINISTERS 33 urban rehabilitation operation thereof; g) Identify if the municipality does not assume directly the functions of managing body of urban rehabilitation area, which the delegated powers in managing body, as well as, when the Fund Manager functions are assumed by an urban rehabilitation society, which the powers that be don't assume delegates;

h) Mention, if appropriate, the need for preparation, revision or amendment of detailed urban rehabilitation plan and define the specific objectives to be pursued through the same. SECTION II systematic urban renewal operations SUBSECTION I General principles article 31 systematic urban renewal operations Without prejudice to the obligations of rehabilitation of buildings that taxation on individuals and private initiative in promoting urban rehabilitation, interventions aimed at the implementation of a systematic urban renewal operation must be actively promoted by the respective managing bodies. Article 32 Public Utility expropriation and Constitution of easements when you opt for a systematic urban renewal operation, the demarcation of an area of urban redevelopment has direct and immediate effect of the Declaration of public utility expropriation of existing buildings, as well as of the Constitution about the same of easements, necessary for the implementation of urban renewal operation. SUBSECTION II PRESIDENCY of the COUNCIL of MINISTERS Planning and programming 34 article 33 strategic urban rehabilitation Program 1-systematic urban renewal operations are guided by a strategic programme of urban renewal.


2-the strategic program of urban rehabilitation should, without prejudice to the treatment of other subjects that are perceived as relevant: a) strategic rehabilitation options and revitalization of urban rehabilitation area, compatible with the development options of the municipality; b) establish the term of execution of the operation of urban renewal; c) Set priorities and specify the objectives to be pursued in implementing the urban renewal operation; d) establish the program of urban renewal operation, identifying structural actions of urban rehabilitation to adopt distinguishing in particular those that are aimed at the buildings, urban infrastructure, equipment, urban spaces and green of collective use, and economic activities; and) to be of aid and incentives for rehabilitation carried out by owners and other holders of rights and propose solutions for financing the rehabilitation; f) Describe a public investment program where they discriminate against the actions of public initiative necessary for the development of the operation; g) Define the program of financing of the operation of urban renewal, which must include an estimate of the total costs of the execution of the operation and the identification of sources of financing; h) Determine the management model of urban rehabilitation area and implementing the respective operation of urban renewal;

PRESIDENCY of the COUNCIL of MINISTERS 35 i) Identify, if not the municipality to take directly the functions of managing body in the area of urban regeneration, which powers are delegated the managing body as well, when the Fund Manager functions are assumed by an urban rehabilitation society, which the powers that be don't assume delegates; j) Mention, if appropriate, the need for preparation, revision or amendment of detailed urban rehabilitation plan and define the specific objectives to be pursued through the same. 3-the strategic program of urban renewal can propose intervention units of urban renewal operation and define the specific objectives pursued under each of them. Article 34 intervention Units or 1 execution – in the context of urban rehabilitation systematic operations in urban rehabilitation areas that correspond to the intervention area of the detailed plan of urban renewal can be delimited execution units in accordance with the legal regime of territorial management instruments, approved by Decree-Law No. 380/99, of 22 September with the specificities introduced by the present Decree-law. 2-in the context of urban rehabilitation systematic operations in urban renewal areas approved in instrument itself can be delimited intervention units, which consist in establishing cadastral plan of the physical limits of urban space to subject the intervention, with the identification of all the buildings covered, and may correspond to all or part of an area of urban regeneration or in cases of particular public interest, to a building.

PRESIDENCY of the COUNCIL of MINISTERS 36 3-the delimitation of the intervention units is optional, not execution of the operation condition of urban rehabilitation, without prejudice to constitute, in the terms set out in this decree-law, an assumption of certain modalities of carrying out systematic urban rehabilitation in partnership with private entities. 4-units of intervention must be limited to ensure a harmonious urban development, the fair distribution of benefits and burdens for owners covered and consistency in the intervention, as well as to enable an integrated intervention in several properties that allow a rational use of available resources, and creating economies of scale. 5-the Act of delimitation of the intervention units includes a programme of implementation, which should, inter alia: the underlying fundamentals briefly Explain) the weighting of the various public and private interests; b) Identify the buildings to rehabilitate, their conservation status and the extent of assistance provided for therein; c) Identify the respective owners and holders of other rights, burden and costs, or mention, if appropriate, that they are unknown; d) Set and timetable for the various urban rehabilitation measures to be adopted within the framework of the intervention unit distinguishing in particular those that are aimed at the buildings, urban infrastructure, equipment, urban spaces and green with collective use and economic activities; and implementing the financing of the operation) of urban rehabilitation in the context of the implementation unit; f) Specify arrangements for the implementation of the urban renewal operation to use in the speech. 6-the delimitation of the intervention units is the responsibility of the Fund Manager: a) If you wish to perform intervention unit delimitation in accordance with proposed in the strategic rehabilitation program of the COUNCIL of MINISTERS PRESIDENCY urban 37; (b)) of the City Council, on a proposal from the managing body if this is distinct from the municipality, in other cases. Article 35 owners ' Initiative on delimitation of the intervention units or 1 execution-the owners of buildings or fractions inserted in urban rehabilitation area, in the context of urban rehabilitation systematic operations, may propose the delimitation of intervention units or execution in respect of the area covered by buildings or fractions that are holders, through the presentation , to the competent body for the approval of the delimitation, of application accompanied by the draft definition of intervention or enforcement unit and with the draft programme. 2-the delimitation of the intervention units in the case referred to in the preceding paragraph shall follow the procedure laid down in the previous article, with any necessary adaptations. 3-the execution units in the case referred to in paragraph 1 follows the procedure established in the legal regime of territorial management instruments, approved by Decree-Law No. 380/99, of 22 September, with any necessary adaptations. 4 – the delimitation of intervention or enforcement units at the initiative of the owners is the managing body to consider the execution of the operation under the joint administration.

Chapter IV management company article 36 Powers of management companies 1-the municipality may choose to take on directly the management of urban regeneration or delegate the powers committed under this PRESIDENCY of the COUNCIL of MINISTERS decree-law 38 in a public company of the local business sector referred to in point (b)) of paragraph 1 of article 10. 2-the delegation of powers provided for in the preceding paragraph shall appear in the urban renewal strategy or strategic urban rehabilitation programme, without prejudice to the next paragraph. 3-If the management company be in the nature of urban rehabilitation society, assume-if delegates the powers provided for in paragraph 1 of article 45 and in paragraph 2(a) and (c)))) of paragraph 1 of article 54, unless otherwise specified in the urban renewal strategy or strategic urban rehabilitation program. 4-public business sector companies place delegatárias consider themselves invested in managing body functions and powers delegated to them under this article at the beginning of the term of the urban renewal area. 5 – the public sector company local business delegatee is subject to the power of the delegating entity, which includes the power to issue orders or instructions in respect of urban renewal operations, as well as to define the procedures for verification of compliance with the orders or instructions issued. 6-in the case of State participation in the capital stock of urban rehabilitation society, pursuant to paragraph 2 of the article following the powers laid down in the preceding paragraph shall be exercised in accordance with the Protocol established between the State and the municipality concerned. Article 37 business type 1 managers-is applicable to public undertakings of the local business sector referred to in point (b)) of paragraph 1 of article 10 the legal regime of the local business sector, approved by law No. 53-F/2006, of 29 December, in particular as regards its creation. 2-in the event of exceptional public interest, is admitted to the State's capital participation in urban regeneration companies. 3-public undertakings referred to in paragraph 1 may assume the functions of managing body in more than a systematic urban renewal operation, and accumulate the management of one or more urban rehabilitation operations simple.

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4-in the case of the City Hall intends to create a municipal company to take on the quality of the Fund Manager of a urban rehabilitation operation, must approve its creation simultaneously with the passage of the urban renewal area. Article 38 Extinction of urban rehabilitation urban rehabilitation companies should be extinct: a) are complete all operations of urban rehabilitation in charge; b) Occur the lapse of demarcation of the area or all areas of urban rehabilitation urban rehabilitation society operates. Chapter V implementing Models of urban rehabilitation operations article 39 Implementation on the initiative of individuals 1-the implementation of the urban renewal operation, on the rehabilitation of buildings, should be promoted by the owners or holders of other rights, burden or costs relating to existing buildings in the area covered by operation. 2-For the purposes of paragraph 1, can be used with the procedures laid down in paragraph 2 of article 11 article 40 on the initiative of the managing entity Implementation 1-the implementation of the urban renewal operation can be promoted by the Fund Manager, in accordance with paragraph 3 of article 11. 2-management companies may have recourse to partnerships with private entities, particularly in the following ways: a) granting of urban renewal; b) urban rehabilitation contract. Article 41 Joint Administration 1-the Fund Manager can perform the operation of urban rehabilitation, or part of it, in the PRESIDENCY of the COUNCIL of MINISTERS association with 40 owners and holders of other rights, burden and costs relating to existing buildings in the area covered by the urban renewal operation. 2-the legal regime applicable to joint administration is approved by regulatory decree, to be published within 90 days of the date of entry into force of this decree-law. Article 42 1-urban renewal grant to promote systematic urban renewal operations the city could lease the rehabilitation in accordance with the legal regime of territorial management instruments, approved by Decree-Law No. 380/99, of 22 September, for the execution of municipal land use plans, either on his own initiative or at the request of the Fund Manager. 2-granting urban redevelopment is made in the context of the intervention units or the units of running. 3-the grant is preceded by adjudicatório procedure, and the respective specifications specify minimum obligations of the grantor and of the operator or the respective parameters, to implement the proposals. 4-the process of formation of the contract and its formalization and effects are governed by the provisions of the public procurement code. Article 43 urban rehabilitation contract 1-the management company of a systematic urban renewal operation can urban rehabilitation contracts with public or private entities, whereby they require to carry out the preparation, coordination and implementation of rehabilitation projects in one or more intervention units or of execution. 2-the urban renewal contract may provide for the transfer to the entity contracted real estate marketing rights and obtaining the respective proceeds, as well as, in particular, the acquisition of the right of ownership or the right to surface on the goods to rehabilitate, or assigning PRESIDENCY of the COUNCIL of MINISTERS 41 a mandate for the sale of these goods on behalf of the Fund Manager. 3-the urban renewal contract is subject to registration, depending on their cancellation of Declaration, issued by the managing body, to allow this cancellation. 4-the urban rehabilitation contract shall regulate, inter alia: a) the transfer to the contracted entity from the obligation to purchase of existing buildings in the area in question, where this acquisition can do for via friendly; b) the preparation of expropriativos processes that are required for the acquisition of the property by the management company; c) burden-sharing arising from claims due by expropriations; d) the obligation to prepare the draft town planning operations to undergo prior checking, to undergo prior checking, to promote urban operations included in the rehabilitation and require their use permits; and) the periods within which the obligations of the Parties shall be fulfilled; f) The compensation payable by the Contracting Parties, which can be in kind; g) the line of duty, impendente about the contracted entity, to seek to reach an agreement with owners interested in the rehabilitation of their property or portion thereof under the terms of the rehabilitation of the same, as well as the transfer of the contractual position of the Fund Manager in favour contracted entity, in the case of that have already reached agreement with the owners; h) the duty of the management company or the entity contracted to carry out the temporary or permanent relocation of inhabitants of buildings or fractions to rehabilitate, aware of the provisions of article 73; I) guarantees performance of the contract to be provided by the contractor. 5-training and implementation of urban rehabilitation contract shall be governed by the provisions of the public procurement code.

PRESIDENCY of the COUNCIL of MINISTERS – 42 6 without prejudice to the previous paragraph, can be approved a form of contract documents by order of government officials responsible for the areas of local government, housing, urban regeneration and public works.

7-the use of urban rehabilitation contract must be preceded by prior negotiation, as far as possible, with all interested parties involved so that they can assume a commitment to managing body towards the rehabilitation of their properties. CHAPTER VI instruments for carrying out urban renewal town planning operations Control section I article 44 Powers relating to the control of town planning operations 1-the managing body of the operation of urban rehabilitation may exercise, for the purpose of implementing the operation of urban rehabilitation and pursuant to the following articles, the following powers: a) licensing and admission of prior communication town planning operations and authorisation to use; b) inspections and surveys; c) guardianship measures of urbanistic legality; d) collection of fees; e) receipt of concessions or compensation payable; 2-When is not the County to assume the functions of the Fund Manager of the urban renewal area, the management company only shall exercise the powers delegated by the municipality, subject to being able to apply directly to the City Council, when necessary, exercise. 3-In case of delegation of powers provided for in the preceding paragraph, the executive body of the Fund Manager can delegate in your President the powers which, in accordance with the provisions of the legal regime of urbanization and construction, approved by Decree-Law No. 555/99, of December 16, are directly committed the Mayor PRESIDENCY of the COUNCIL of MINISTERS or in this city 43 delegable by City Hall. 4-the powers referred to in paragraph 1 shall be exercised in accordance with the provisions of articles listed in this section, in particular with regard to the query to external entities, existing protection and responsibility and quality of construction. Article 45 the prior scrutiny of town planning operations 1-licensing procedures and prior communication town planning operations included in the rehabilitation of buildings or fractions located in urban rehabilitation area applies in all that is not specifically provided for in this decree-law, the provisions of the legal regime of urbanization and construction, approved by Decree-Law No. 555/99 , 16 December. 2 – Are delegable in managing the operation of urban rehabilitation, if this is not the municipality, the skills to practice in respect of real estate located in the area of urban rehabilitation of administrative acts inserted in licensing procedures and advance notice of urban operations, and authorization to use, which, in accordance with the legal framework of urbanization and edification approved by Decree-Law No. 555/99, of December 16, are within the competence of the City Council or its President. Article 46 inspections and surveys 1-Are delegable in managing the operation of urban rehabilitation, if this is not the municipality, the powers to order and promote, in relation to immovable property located in its urban renewal area, conducting inspections and surveys, in accordance with the legal framework of urbanization and construction, approved by Decree-Law No. 555/99 , 16 December.

2-the managing body has the duty to communicate the facts that learns and PRESIDENCY of the COUNCIL of MINISTERS 44


that are punishable as an administrative offence to the competent authorities to apply the respective fines. Article 47 the urbanistic legality measures Are delegable in managing the operation of urban rehabilitation, if this is not the municipality, the powers to order and promote, in relation to immovable property located in its urban renewal area, the adoption of measures for the protection of legality planning laid down in legal system of urbanization and edification approved by Decree-Law No. 555/99, of December 16. Article 48 collection of fees and compensations Are delegable in managing the operation of urban rehabilitation, if this is not the municipality, the power to charge fees and receive the compensation provided for in the municipal regulations in force, without prejudice to the provisions of article 67 article 49 prior control exemption 1-urban operations promoted by the managing body that reconduzam the implementation of urban renewal operation regardless of the type of operation of urban rehabilitation, are exempt from prior checking. 2 – the managing body, when different from the municipality, must inform the City Council until 20 days before the beginning of the implementation of the town planning operations referred to in the preceding paragraph.

3-the implementation of town planning operations pursuant to this article shall comply with the legal and regulatory rules applicable to them, in particular those of territorial management instruments, the legal regime for the protection of cultural heritage, the legal regime applicable to the management of construction and demolition waste and the technical standards of construction. Article 50 of COUNCIL of MINISTERS PRESIDENCY 45 external entities 1 query-the query to the entities that, under the law, must issue an opinion, authorization or approval on the request formulated in licensing procedures and communication town planning operations or prior authorisation to use buildings, follows the provisions of the legal regime of urbanization and construction, approved by Decree-Law No. 555/99 , December 16, with the specific features introduced by this decree-law. 2-for the purposes of the licensing procedures and advance notification of urban operations and authorisation to use buildings, the managing body may constitute a Commission, composed of entities which, by law, must rule on the requests made in those proceedings. 3-the Constitution of the Committee of assessment is preceded by written request addressed to the President of the executive body of those entities, or to the maximum leader of the service, in the case of the State, for designating its representative. 4-the competence to issue, within the Commission, of the legal pronunciations that referred to in paragraph 1 shall be deemed to have delegated to the representative appointed pursuant to the preceding paragraph. 5-the opinions, authorizations and approvals that the entities represented in the Committee of assessment should pay are recorded in the minutes of the meeting of the Committee, that the overrides for all intents and purposes, and must be signed by all the members present at the meeting to express their quality mention. 6-the lack of appearance of one of the members of the assessment Committee shall not preclude the examination of the application and the preparation of the minutes, considering that the entities whose representative has missed have nothing to object to granting the request, unless a written opinion to the contrary is issued within 10 days after the meeting of the Commission for consideration. 7-in the event of unfavorable pronunciation, the entities referred to in paragraph 1 shall expressly indicate the reasons for its disagreement and what are the changes necessary to make possible the project. Article 51 PRESIDENCY of the COUNCIL of MINISTERS 46 existing protection 1-the issuance of the licence or the admission of prior communication of works of reconstruction or alteration of building included in the scope of this decree-law may not be rejected pursuant to legal provisions or regulations consequential to the construction originally provided that such operations do not entail or increase the compliance with the standards in force or as a result of the improvement of security and wholesomeness of the building. 2-The expansion works inserted in the context of urban rehabilitation operation may be exempted from compliance with legal provisions or regulations consequential to the construction originally, whenever the carrying out of those works resulting in an improvement of performance and functional, structural and constructive security of the building and the sacrifice as a result of the completion of the current legal and regulatory norms to be disproportionate given the disagreements created or aggravated by the conduct of those. 3-the provisions of the preceding paragraph shall apply to the licensing or the admission of prior communication construction aimed at the replacement of previously existing buildings. 4-The licensing requirements or prior communications must always contain the authors ' statement of projects which identify technical standards or regulations in force that have not been applied and, in the cases referred to in paragraphs 2 and 3, the reasons for their failure. Article 52 rejection of the application for licensing or rejection of prior communication 1-Without prejudice to the provisions of the previous article, and in addition to the grounds provided for in the legal regime of urbanization and construction, approved by Decree-Law No. 555/99, of December 16, licensing requirements or prior communications for urban operations in urban rehabilitation area can be refused or rejected when these operations are likely to cause a manifest injury to the rehabilitation of the building.

PRESIDENCY of the COUNCIL of MINISTERS 47 2-in the case of buildings included in the urban renewal area subject to systematic urban renewal operation, licensing requirements or prior communications for urban operations may still be refused or rejected when these operations are likely to cause a manifest injury to the operation of urban redevelopment of the area in which it is inserted. Article 53 Liability and construction quality urban operations included in urban renewal operation shall comply with the provisions of the legal regime of urbanization and construction, approved by Decree-Law No. 555/99, of December 16, for responsibility and construction quality, in particular in its article 10, subject to the provisions of this decree-law and in legal regimes governing the qualification required technicians responsible for coordinating , elaboration and subscription, for the performance of the functions of supervisory direction and direction of work, including the duties and responsibilities to which they are subject, and the pursuit of the activity of construction or other activities or professions involved in urban rehabilitation urban operations. SECTION II urban policy instruments article 54 implementing Instruments 1-the management company may use, depending on the type of the respective operation of urban renewal, the following instruments: a) obligation to rehabilitate and coercive works; b) Venture only; c) demolition of buildings; d) right of pre-emption; and) forced Lease;

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f) Easements; g) expropriation; h) forced sale; I) restructuring of the property. 2-When is not the municipality to take directly the functions of managing body of urban renewal area, the management company may only use the instruments of execution whose powers have been delegated by the municipality, subject to being able to apply directly to the City Council, when necessary, exercise. 3-the instruments of implementation laid down in points (a) to (f)) i) of paragraph 1 may only be used in urban rehabilitation operations. Article 55 duty to rehabilitate and coercive works 1-the managing body may impose on the owner of a building or portion of the property the obligation to rehabilitate, determining the realization and the deadline 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, incumprindo the obligation to rehabilitate, not to start the town planning operations included in the rehabilitation action was determined, or don't complete within the time limits that are set for that purpose, can the management company taking ownership in buildings or fractions to give immediate execution to certain works, applying the provisions of articles 107 and 108 of the legal regime of the urbanization and edification approved by Decree-Law No. 555/99, of December 16. 3-in the context of urban rehabilitation systematic operations, the management company may, as an alternative to the application of the system of coercive works referred to in paragraph 1 and on the strict extent necessary, appropriate and proportionate, having regard to public and private interests involved, resorting to expropriation schemes or forced sale provided for in articles 61 and 62.

PRESIDENCY of the COUNCIL of MINISTERS article 56 Epc only 49 1-the managing body of an urban rehabilitation operation can promote the rehabilitation of a group of buildings through a single contract.

2-Except opposition of the owners, the management company on behalf of those, hires and manages the contract only, which may include project preparation and implementation, and joint or alternatively, form part of a contract. 3-in the case of the owners oppose the representation by the managing body, should still hire with that the obligations that are attached in the urban renewal process, particularly with regard to the fixing of time-limits for the purposes of licensing or advance notice and for execution of the works. Article 57 demolition of buildings 1-the managing body may order the demolition of buildings which lack the essential safety and health requirements for the intended purpose and whose rehabilitation is technically or economically unfeasible. 2-apply the demolition of buildings the regime established in articles 89 to 92 of the legal regime of urbanization and construction, approved by Decree-Law No. 555/99, of December 16. 3-in the case of immovable cultural heritage classified or classification, cannot be made to his total or partial demolition without prior and express consent of the competent administration of cultural heritage, by applying mutatis mutandis, the rules laid down in article 49 of law No. 107/2001, of 8 September. 4-the application of the system of controlled demolition in the preceding paragraphs shall not prejudice, in the case of leased property, the application of Decree-Law No. 157/2006 of 8 of PRESIDENCY of the COUNCIL of MINISTERS 50 August.

Article 58 1 right-the managing body has a preference for consideration, transmissions between individuals, of land, buildings or fractions in urban rehabilitation area. 2-in the case of immovable cultural heritage classified or classification or real estate located in the respective protection zones, the right of pre-emption of the Fund Manager does not prevail against the rights of first refusal referred to in paragraph 1 of article 37 of the law No. 107/2001, of 8 September. 3-the right of first refusal referred to in the preceding paragraphs can only be exercised if the managing body understands that the property should be subject to intervention in the context of urban rehabilitation operation, broken down in Declaration of preference, in particular, the intervention of the property lacks and the period within which you want to run it. 4-the right of preference exercises in accordance with the legal regime of territorial management instruments, approved by Decree-Law No. 380/99, of 22 September, for the exercise of the right of preference in the municipality on land or buildings situated in the areas of the plan with scheduled execution, and can be operated with the Declaration of non-acceptance of the agreed price. 5-in the cases referred to at the end of the preceding paragraph, the parties of the contract, the seller first and then the buyer: a) the right of reversion of the well that is not promoted the constant intervention of the preference statement, applying the provisions of the Expropriations Code, mutatis mutandis; (b)) the right of pre-emption in the first sale of the well.

PRESIDENCY of the COUNCIL of MINISTERS article 59 51 forced Lease 1-after completion of the works carried out by the Fund Manager in accordance with the provisions of paragraph 2 of article 55, if the owner, within four months, not to full reimbursement of the costs incurred by the managing body, or doesn't the lease property or portion of the property for a minimum period of five years affecting rents to compensation of those expenses the management company can rent it through public tender, also for a period of five years, renewable in accordance with article 1096.º of the Civil Code. 2-the owner has the right to object to the conclusion of the lease provided for at the end of the preceding paragraph require the forced sale or expropriation of the property or portion of the property in question. 3-the lease provided for in this article does not the provisions of paragraph 3 of article 73 4 – is correspondingly applicable to the relationship between the holders of the lease agreements and the managing body the provisions of article 18 of Decree-Law No. 157/2006 of 8 August. Article 60 1-Easements can be constituted the administrative obligations necessary for the reinstallation and operation of activities located in the intervention areas. 2-the creation of easements shall be governed mutatis mutandis by the provisions of the following article.



Article 61 1 Expropriation-In strict extent necessary, appropriate and proportionate, having regard to the PRESIDENCY of the COUNCIL of MINISTERS 52 public and private interests in presence, the land, the buildings and the fractions that are necessary for the implementation of urban renewal operation can be expropriated, and the public utility declaration provided for in article 32 be achieved in administrative procedure to individualize the goods to expropriate. 2-the Fund Manager can still promote the expropriation by public utility buildings and fractions if their owners fail to comply with the obligation to promote their rehabilitation following notification issued pursuant to the provisions of paragraph 1 of article 55, or respond to the report alleging that cannot or will not perform the works and ordered works. 3-the expropriation in the public interest inherent in the implementation of the urban renewal operation is governed by the provisions of the Expropriations Code, with the following specific characteristics:) the competence to issue the resolution of expropriation is the managing body; b) the competence to issue the administrative act to individualize the goods to expropriate is the town hall or the executive body of the Fund Manager, as there has been no delegation of powers or that allude the numbers; c) The expropriation under this article have urgency. 4-in the case of expropriation is intended to enable the rehabilitation of homes for its placing on the market, the expropriated have right of first refusal on the sale of the same, even if there's no perfect identity between the property expropriated and the property put on the market.

5-in the case of the existence of more than one expropriated wanting to exercise choice, open bidding among them, reversing the difference between the initial price and the final price for the expropriated, in proportion of their compensation. Article 62 forced sale 1-If the owners fail to comply with the obligation to rehabilitate pursuant to the PRESIDENCY of the COUNCIL of MINISTERS 53


paragraph 1 of article 55, or respond to its report alleging that cannot or will not perform the works and works, the management company may, as an alternative to the expropriation referred to in paragraph 2 of the preceding article, proceed to the sale of the building or portion of the property concerned by public auction who offer best price and if you have to comply with the obligation of rehabilitation within initially established for that purpose , the date of the forced sale. 2-in the event that carry out the forced sale of real estate incorporated in horizontal property may be the subject of a forced sale the building units or parts which may be incorporated in building units, necessary to the implementation of the obligation to rehabilitate, financing the works with the forced sale of these and keeping the owner the right to property of the other. 3-the management company and the municipality have right of first refusal on the sale of property by public auction. 4-for the purposes of paragraph 1, the managing body issues a decision to promote the forced sale, which must be substantiated and notified in accordance with code of Expropriations for the resolution to expropriate and application of the Declaration of public utility, mutatis mutandis, and always indicate the base value of the property or portion thereof resulting from evaluation in accordance; there promoted

5-the owner has the right to dispose of the property or portion of the property in question to third parties within the period laid down in paragraph 5 of article 11 of the code of Expropriations, as well as the saying that if you bid on the proposal, within the same period, and may present counter-proposal based on the report drawn up by an expert of their choice. 6-for the purposes of the exercise of the right of disposal of the goods in accordance with the provisions of the preceding paragraph: a) the owner shall inform the managing body of the intention of alienation and, before this occurs, the identity of the possible acquirer; b) the managing body shall, within five days from the receipt of the PRESIDENCY of the COUNCIL of MINISTERS 54 information provided at the end of the preceding paragraph, notify the buyer from the obligation to possible rehabilitation of the building or portion thereof and the conditions of employment in accordance with this Ordinance; c) the alienation of the well can only occur after the possible acquirer have been notified in accordance with the preceding paragraph. 7-the management company may decide to start the auction procedure by notifying the interested and spreading the decision laid down in the code of Expropriations for the Declaration of public utility, mutatis mutandis, when: a) If check the circumstances provided for in paragraph 6 of article 11 of the code of Expropriations; b) Accept, in full or in part, to counter referred to in paragraph 5, by reviewing the minimum value of forced sale of the good. 8-If the bidder or purchaser under paragraph 5 does not start the rehabilitation of the building or portion thereof within six months of forced sale or purchase, or, starting it, not complete within the time limit set, the recovery procedure referred to in paragraph 1.

9-in the case referred to in the preceding paragraph, the bidder or purchaser under paragraph 5 defaulted to see subject to forced sale is not entitled to receive the value that exceeds the amount that there is spent on the acquisition of the property or portion of the property in question, which reverts to the managing body. 10 in any sales by public auction fails to appear highest bidder, Cap the managing body pays the price at which the good has been evaluated and rehabilitated for your account within initially established for that purpose, the date of the public auction, reverting to the first owners subject to forced sale. 11-the purchase of the goods is titrated by judicial auction, auto, which constitutes title enough for the inscription of the acquisition on behalf of the contractor in the land registry. 12-the inscription of the acquisition of the property by public auction pursuant to this article shall be accompanied by the entry of a burden of non disposal and encumbrance, which can only be canceled through the display of the managing entity certificate attesting to PRESIDENCY of the COUNCIL of MINISTERS 55 the end of construction. Article 63 the determination of monetary amount to be delivered to the owner in case of forced sale 1 – where the owner meets the value proposed by the managing body or has submitted value lower than the counter offer judicial auction, the Fund Manager delivers you the product of public auction, finished their procedure. 2 – If the owner has presented counterproposal as referred to in paragraph 5 of the preceding article with a value higher than that resulting from the sale by public auction, the managing body promotes an attempt to agree on the monetary amount to be delivered, in accordance with code of Expropriations for the expropriation, mutatis mutandis, without prejudice to be immediately handed over the proceeds of the auction. 3-in the absence of agreement, in accordance with the provisions of the preceding paragraph, shall apply, with any necessary adaptations, the provisions of the code of Expropriations for the expropriation of dispute, particularly on arbitration, the appointment of arbitrators, the complaint of irregularities and the appeal of the arbitration award. 4-time limits reported in the code of Expropriations the Declaration of public utility, reported the decision to start the auction procedure, provided for in paragraph 6 of the preceding article. 5 – the owner shall, in respect of the value of the goods subject to forced sale, of all the guarantees conferred on the expropriated, by code of Expropriations, for just compensation, particularly with regard to payment methods, payment of interest and assigning that value to interested parties, with the necessary adaptations. 6 – where the value of the fixed pursuant to paragraph 2 or of paragraph 3 is greater than the value of the forced sale, the management company is responsible for payment of the difference and should provide the guarantees provided for in the code of Expropriations, mutatis mutandis. 7-the beginning of the rehabilitation works of the well cannot occur before the day of survey ad perpetuate King memoriam laid down in the code of Expropriations, mutatis mutandis.

PRESIDENCY of the COUNCIL of MINISTERS article 64 56 1 property Restructuring-the managing body of the operation of urban renewal can promote the restructuring of one or more properties, expropriating for public utility operation of urban renewal, pursuant to article 61, namely: the adjacent bands), with the depth set out in municipal land use plans for buildings and their dependencies, in cases of opening, enlargement or regularization of streets, squares, gardens and other public places; b) lands, after the works to justify their exploitation not to be so used, without legitimate reason, within 12 months of notification that, to this end, the present by its owner; c) land intended for construction adjacent to public roads in urban areas, when the owners reported to the advantage in buildings, they do not, without legitimate reason, within 12 months of notification; d) The urban buildings to be rebuilt or refurbished, because of its small dimensions, position out of alignment or bad health conditions, safety or aesthetics, when the owner doesn't comply with, without legitimate reason, within 12 months, the notification that, to this end, they are made. 2-the periods referred to in subparagraphs (a) (b)), c) and (d)) of the preceding paragraph shall be suspended with the start of the licensing procedure or prior communications, where these procedures are applicable, ceasing the suspension if the realization of urban operation is not licensed or admitted. 3-restructuring procedures of property covering more than a building or a plot, the procedure of expropriation must be preceded by the presentation to the owners of a proposed agreement for structuring the co-ownership on the buildings that replace existing ones, as well as, PRESIDENCY of the COUNCIL of MINISTERS 57


with respect to the goods to expropriate that revert to the public domain, a proposed acquisition by way of private law, without prejudice to its urgency. SECTION III other instruments article 65 determining the conservation level 1-the managing body may require the determination of the level of conservation of a building or of a fraction comprised an area of urban renewal, although are not leased, under the terms established in the new urban rent Regime (NRAU), approved by law No. 6/2006 of 27 February and their additional diplomas, with the necessary adaptations. 2-if it is assigned to a building a conservation level 1 or 2, shall be immediately ordered to rehabilitate the building and, if the period granted for that purpose is not respected, worsen the property tax, in accordance with legally prescribed. Article 66 identification of derelict buildings or fractions the managing body has competence to identify the buildings or fractions that are left vacant, for the purposes of Decree-Law No 159/2006 of 8 August. Article 67 municipal Rates and 1-compensation can be established a special regime for municipal taxes, municipal regulation constant, for encouraging the implementation of town planning operations under the provisions of this decree-law.

2-Can also be established a special regime for municipal taxes, constant of PRESIDENCY of the COUNCIL of MINISTERS 58 municipal regulation, to encourage installation, streamlining and modernisation of economic activities, with applicability to actions framed in urban rehabilitation operations. 3-Can still be established in municipal regulation, a special regime for the calculation of compensation payable to the municipality by not providing areas for deployment of urban infrastructure, equipment and green urban spaces and of collective use, pursuant to paragraphs 4 and 5 of article 44 of the legal regime of urbanization and construction, approved by Decree-Law No. 555/99 , 16 December. Article 68 1 – compensation fund When equalisation mechanisms are adopted in the framework of the compensatory urban rehabilitation operations, may be constituted compensation funds in order to receive and pay the compensation owed by application of those compensation mechanisms. 2 – Are delegable in managing body, if this is not the municipality, the competence to establish and manage compensation funds referred to in the preceding paragraph. CHAPTER VI Participation and consultation article 69 Interested 1-without prejudice to the General rules concerning procedural legitimacy, if interested, within the framework of the procedures referred to this decree-law whose subject is a fraction, a building or a specific set of buildings, owners and holders of other rights, burden and costs relating to the property or portion of the property to rehabilitate. 2-Are considered by stakeholders, for the purposes of the preceding paragraph, that, in the land registry, the land register or titles enough evidence display, appear as holders of the rights referred to in the preceding paragraphs, or, in the case of omitted or buildings there is manifest records and date entries, those that are considered public and notoriously as such.

PRESIDENCY of the COUNCIL of MINISTERS 59 3-are still interested in the context of the procedures referred to in paragraph 1 those which demonstrate have a personal interest, direct and legitimate with respect to the subject matter of the procedure and requiring its Constitution as such. Article 70 representation of incapable, missing or unknown 1-going on interested unable, unknown or missing without you're organized its representation, the managing body may request the competent court to be appointed interim curator, that is, how to unable, in the absence of compelling reasons to the contrary, the person whose guards are delivered. 2-interim curator intervention ceases as soon as you find the usual designated representative of the incapable or missing or become known stakeholders whose absence shall the curatorship. Article 71 organizations representing local interests the participation of interested in the procedures provided for in this decree-law may be exercised by organisations representing local interests, particularly in the context of public discussion of plans, programs and projects.

Article 72 1-interest Coordination under the administrative procedures provided for in this decree-law shall be promoted the use of mechanisms for negotiation and concertation of interests, in particular where stakeholders appear formally before the managing body will and readiness to cooperate and consult in this headquarters, the definition of the content of the administrative decision in question.

PRESIDENCY of the COUNCIL of MINISTERS 60 2-the use of consultation mechanisms of interest should focus on getting solutions that affect the rights of the parties only to the extent that is necessary to the protection of public interests underlying the urban regeneration and to allow, as far as possible, the maintenance of the rights that they have about real estate. 3-the management company shall inform those interested about the respective rights and obligations in the operation of urban rehabilitation, in particular the support and financial and fiscal incentives. Article 73 rights of occupants of buildings or fractions 1-Who, in good faith, dwells in buildings or fractions that are the subject of coercive works, under this Ordinance, be entitled to temporary relocation, at the expense of the owner, except if you have in the same county or municipality adjacent to another housing that meets the needs of your household's housing. 2-Who, in good faith, dwells in buildings or fractions that are the subject of restructuring, property expropriation or forced sale, pursuant to this Ordinance, be entitled to relocation equivalent, and just be as interested in the procedure of determination of amount ofcompensation is calculated if you give up this relocation. 3-the subjects referred to in the preceding paragraphs are preferred in the later building leases or alienations or portion of the property which is the subject of rehabilitation proceedings held pursuant to this Ordinance. CHAPTER VII Financing article 74 1-State Aid the State may, pursuant to the legislation on the matter, to grant financial aid and other incentives to owners and third parties that promote actions of PRESIDENCY of the COUNCIL of MINISTERS 61 rehabilitation of buildings and, in the case of urban systematic rehabilitation operations, streamlining and modernisation of economic activities. 2-the State may also grant financial support to fund managers, as provided for in special legislation. 3 – In any case, the support provided must ensure compliance with the applicable regulations regarding protection of competition and State aid. Article 75 1-municipalities Support the municipalities may, under the conditions laid down in legislation and municipal regulation on the matter, to grant financial support to interventions in the context of urban rehabilitation operations. 2-the financial aid may be allocated to the owners, the managing bodies of the urban renewal operation and the third parties that promote urban renewal actions, including those intended for streamlining and modernisation of economic activities.

3-the legislation referred to in paragraph 1 and the support provided must ensure compliance with the applicable regulations regarding protection of competition and State aid. Article 76 1 managers finance-management companies can borrow in the medium and long term for the financing of urban renewal operations, which, if authorized by order of the Minister responsible for the area of finance, not relevant for the purposes of the amount of the debt of each municipality. 2-the delimitation of an urban rehabilitation area gives the municipality the power to accept and get bills of Exchange, commercial paper, guarantees granted to subscribe promissory notes as well as grant personal and real guarantees, for any financing operations promoted by management companies under a PRESIDENCY of the COUNCIL of MINISTERS 62 urban rehabilitation. Article 77 1-real estate investment funds for the implementation of urban rehabilitation, can become real estate investment trusts, as defined in special legislation. 2-the subscription of units in the funds referred to in the preceding paragraph may be made in cash or by delivery of buildings or fractions to rehabilitate. 3-To the effect provided for in the preceding paragraph, the value of the buildings or fractions is determined by the Fund Manager of the Fund, within the assessment values determined by an independent valuer registered in the securities market Commission and by that designated.


4-the managing body of the urban renewal operation can participate in the real estate investment fund. Part III additional provisions, transitional and final transitional provisions article 78 1-are considered areas of urban rehabilitation in accordance with this Decree-Law: a) The intervention areas urban rehabilitation companies created under the provisions of Decree-Law No. 104/2004, 7 may; (b)) the critical areas of recovery and reconversion urban planning created pursuant to Decree-Law No 794/76, of 5 November; c) urban renewal areas delimited in the year 2009 by resolution of the City Council, under the Extraordinary urban rehabilitation support, approved by law No. 67-A/2007, of December 31, or the Tax benefits Statute, as amended by law no 64-A/2008, of 31 December.

PRESIDENCY of the COUNCIL of MINISTERS 63 2-in the case of (a)) and (b)) of the preceding paragraph, the conversion of the intervention areas urban rehabilitation companies or critical areas of recovery and urban redevelopment in urban regeneration areas operates by resolution of the City Council, on a proposal from the City Council. 3-the deliberations of delimitation or conversion of urban rehabilitation areas referred to in subparagraph (c), respectively) of paragraph 1 and paragraph 2, have the effects provided for in paragraphs 2 and 3 of article 17 of the present Decree-law.



4-the municipalities shall, within two years of the date of entry into force of this decree-law, or the Act of delimitation of urban rehabilitation area pursuant to c) of paragraph 1, if later, adopt the strategy of urban renewal or urban rehabilitation strategic programme, in accordance with the procedure laid down in this decree-law, and give the subsequent follow-up to the procedure. 5 – Case will not be approved, in accordance with the procedure provided for in the preceding paragraph and deadline, the strategy of urban renewal or urban rehabilitation strategic programme for an area of intervention of an urban rehabilitation society established under the provisions of Decree-Law No. 104/2004, of 7 may, the respective urban rehabilitation society passes to abide fully by the provisions of this Ordinance with the powers referred to in paragraph 3 of article 36. 6-The acts of classification of critical areas and urban reconversion carried out under the provisions of Decree-Law No 794/76, of 5 November, as well as the demarcation of urban rehabilitation area referred to in point (c)) of paragraph 1, shall expire if not approved, in accordance with the procedure and time-limits laid down in paragraph 4 urban rehabilitation strategy or the strategic program of urban renewal. 7-the provisions of paragraphs 4 and 5 shall not affect the exercise of rights to tax benefits or PRESIDENCY of the COUNCIL of MINISTERS 64 others however acquired. 8-Until the approval of the strategy of urban renewal or urban rehabilitation strategic programme shall apply, as appropriate, the arrangements provided for in Decree-Law No. 104/2004, of 7 may, and in Decree-Law No. 794/76, of 5 November.

Article 79 autonomous regions this decree-law applies to the autonomous regions of the Azores and Madeira, mutatis mutandis, in accordance with its political and administrative autonomy, and its administrative implementation at offices of the autonomous regional administrations with duties and responsibilities in the context of urban rehabilitation, without prejudice to the powers of entities nationwide. Article 80 set Standard Without prejudice to the provisions of article 78, with the entry into force of the present legal regime shall be repealed: a) Decree-Law No. 104/2004, 7 may; b) Chapter XI of Decree-Law No 794/76, of 5 November. Article 81 entry into force the present law shall enter into force 60 days after the date of its publication.

Seen and approved by the Council of Ministers of the COUNCIL of MINISTERS PRESIDENCY 65 Prime Minister and State Minister of finance, the Minister of justice the Minister of the environment, regional planning and Regional development, the Minister of public works, transport and Communications Minister of PRESIDENCY of the COUNCIL of Culture MINISTERS 66 (Decree-Law ALLOWED making the FIRST AMENDMENT to Decree-Law No. 157/2006 , Of 8 August, APPROVING the scheme of TERMINATION or SUSPENSION of the LEASE for DEMOLITION or RENOVATION WORKS or DEEP RESTORATION and updating of RENTS AS a RESULT of REHABILITATION WORKS) the urban rehabilitation is assumed today as an indispensable component of the policy of cities and housing policy, to the extent that converge the objectives of retraining and revitalization of cities , in particular its most degraded areas, and qualification of the housing stock, a globally operating more harmonious and sustainable development of cities and to guarantee to all, a decent housing. It was with the aim of promoting urban renewal that the Government recently approved the legal framework of the urban rehabilitation, through Decree-Law No. _ _ _ _ _, _ _ _ _ _ _. This decree-law comes to provide the administration of the mechanisms necessary for the pursuit of a public policy of effective and appropriate rehabilitation. The legal framework of urban renewal came to introduce, because significant changes in the existing regulatory framework of urban operations related to the rehabilitation of buildings. In this context, it is necessary to ensure the compatibility between the new urban renewal scheme and the rules applicable to the withdrawal or suspension of the lease for demolition or renovation works or deep restoration, pursuant to paragraph 8 of article 1103.º of the Civil Code, and the updating of rents as a result of rehabilitation works in accordance with section II of the new urban rent Regime , approved by law No. 6/2006 of 27 February, contained in Decree-Law No. 157/2006 of 8 August.

So: PRESIDENCY of the COUNCIL of MINISTERS on the use of 67 legislative authorization granted by article 2, paragraph 2, of law No. _ _ _ _ _ _ _, _ _ _ _ _ _ _ _ _, and in accordance with point (b)) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: article 1 amendment to Decree-Law No 157/2006 of 8 August the articles 1, 2, 4 to 10 and 24 to 27 of the Decree-Law No. 157/2006 , August 8, are replaced by the following: ' article 1 [...] 1-[...]: a) the termination or suspension of the lease for demolition or renovation works or deep restoration, pursuant to paragraph 8 of article 1103.º of the Civil Code, in particular in the area of urban renewal; b) […]; c) […]; d) updating of income as a result of rehabilitation works. 2 – […].

Article 2 [...] It is up to the landlord to carry out the works necessary to maintain the State of conservation of the building leased pursuant to articles 1074.º and 1111.º of the Civil Code, as well as urban legislation apply, namely the legal regime of the urbanization and edification and the legal regime of urban regeneration.

PRESIDENCY of the COUNCIL of MINISTERS article 4 68 [...] 1-the works, including conservation and reconstruction, which require, for their implementation, the eviction of the leased, are considered, for the purposes of this Ordinance, refurbishment or restoration. 2-the works referred to in the preceding paragraph may be qualified as structural or non-structural. 3-for the purposes of the preceding paragraph, are considered structural works the giving rise to a distribution of fires without matching or equivalence with the previous distribution, being considered not the remaining structural. 4-the works referred to in the preceding paragraphs may result from urban interventions carried out in the area of urban rehabilitation, within the legal framework of urban renewal. Article 5 in the event of contractual Vicissitudes remodeling, renovation or demolition of the leased 1-When the landlord intends to carry out refurbishment or restoration and conservation in particular deep reconstruction, there may be grounds for termination of the contract or suspension of its execution for a period of course. 2-the suspension of the contract is mandatory when: a) in the case of non-structural works, these imply the absence of conditions of habitability in leased during the work; b) in the case of structural works, providing for the existence of site with features equivalent to those of the rented property after work. 3 – When the landlord intends to demolish the leased, there may be grounds for termination of the contract. Article 6 [...]

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1 – when you choose to cancel the contract for renovation or restoration, pursuant to previous article, the landlord is obliged, alternatively: a) to the payment of compensation; or b) to the tenant relocation warranty for a period of not less than five years. 2 – the amount referred to in subparagraph (a)) of the preceding paragraph shall cover all expenses and damage property and assets, not, supported by the tenant, including the value of the improvements made and the investments made in relation to the rented property and may not be less than two years. 3 – the option for one of the subparagraphs of paragraph 1 must be escaped according to the tenant. 4-in the absence of agreement between the parties referred to in the preceding paragraph is the landlord forced to pay compensation in accordance with subparagraph (a)) and paragraph 1 of article 2. 5-the relocation of the lessee referred to in subparagraph (b)) of paragraph 1 is made in the same County and under conditions similar to those that already owned, either as to the location you want as the value of the income and charges. 6-in the case of work carried out under the urban renewal scheme applies the provisions of article 67 of that regime. Article 7 [...] 1-When the landlord choose to cancel the contract for demolition of the leased pursuant to article 5, applies the arrangements laid down in the preceding article. 2-the exception to the provisions of the preceding paragraph the situations in which the demolition: a) is required under the building's degradation, incompatible technically with its rehabilitation and risk generating for their occupants, to establish by the municipality, heard the Arbitration Committee (CAM); b) results from detailed plan of urban renewal. 3-the application of the system of controlled demolition in the preceding paragraphs shall not prejudice, in the case of building covered in urban rehabilitation area, the application of the legal regime of urban rehabilitation.

PRESIDENCY of the COUNCIL of MINISTERS article 8 70 [...] 1-termination of contract for renovation or restoration deep or for demolition is done through legal action, where proven are the conditions that authorize. 2-the application of judicial action referred to in paragraph 1 shall be accompanied by proof of approval by municipality of architectural project concerning the work to be carried out, except in the case of urban operation license or free scarce urban relevance; 3-in the case of due compensation for termination, the landlord deposit value corresponding to two years of rent, in the 15 days following the filing of the action. 4-in the case of compensation determined to be of an amount greater than the value of two years ' rent, termination of contract does not take effect without this if check deposited in its entirety. 5-the tenant can raise the deposit referred to in the preceding paragraphs after the traffic authority of a final decision of the sentence which States the termination of the lease by the complaint. 6 – the parties may choose to submit the action referred to in paragraph 1 the arbitral tribunal. 7-in the situations provided for in paragraph 2 of article 24, as well as urban rehabilitation operations under their regime, the Court judgment shall be replaced by a certificate issued by the municipality or by the urban rehabilitation operations manager stating the need for remodeling or restoration works deep and demolition waste, operating the withdrawal effect from delivery by the landlord of the values referred to in the preceding paragraphs. Article 9 [...] 1-when you choose to stay the execution of the contract for renovation or restoration, for the period of the works, in accordance with article 5, the landlord is obliged to ensure the relocation of the tenant during this time. 2-apply to rehouse the tenant the provisions of paragraph 3 of article 6 or, where applicable, the provisions of article 67 of the legal regime of urban regeneration.

PRESIDENCY of the COUNCIL of MINISTERS article 10 71 [...] 1-the stay of execution of the contract for renovation or restoration deep is made by means of communication from the landlord to the tenant: a) The intention to carry out the works that force the eviction of the leased by putting in question the conditions of habitability; (b)) of the site and the terms of the relocation provided; (c)) of the date of commencement and duration predictable. 2-the tenant, after the communication referred to in the preceding paragraph, may, as an alternative to suspension, cancel the contract. 3-in the case referred to in the preceding paragraph, the tenant indicate the time of production of the purposes of denunciation, which must occur before the start date of the works. 4-the tenant who does not accept the proposed conditions or the possibility of suspension of the contract and do not wish to cancel the contract shall communicate that fact, by declaration, the landlord, who can then turn to CAM. 5-in the case of the lease be for housing, not the lessee may, by declaration, prefer the relocation compensation for all expenses and damage property and assets, not, as a result of the suspension, being the competent CAM attachment. 6-termination of tenancy agreement or declaration of non-acceptance of the suspension shall be communicated to the landlord within 30 days after the notification referred to in paragraph 1. 7-the lease is suspended at the time of vacating the leased by the tenant. 8-the landlord informs the tenant for the completion of the works, and the lessee regain lease within three months, unless fair offside, under penalty of forfeiture of the lease. Article 24 PRESIDENCY of the COUNCIL of MINISTERS 72 [...] 1-demolition school takes place when you check the conditions of paragraph 2 of article 7. 2-there is still the possibility of demolition when it is considered by the municipality the solution technically more appropriate or the demolition is necessary for the implementation of municipal land use plan or approval of urban rehabilitation area. Article 25 [...] 1-in the event of termination of the lease for refurbishment or restoration deep or for demolition of the building, which occurs through legal action, the tenant has the right to housing be relocated, and in the application of the action be indicated the place for relocation and their income. 2-the right to relocation of the lessee referred to in the preceding paragraph implies that the relocation to occur in the same County and under conditions similar to those that the tenant already owned and the location the one destined to meet in bad or very bad conservation State. 3-in the case of termination of the lease, the lessee can invoke the circumstances provided for in (a)) and (b)) of paragraph 3 of article 37 of the NRAU. 4-in the case of termination of the lease, the lessee may also choose between the relocation pursuant to this article, and the receipt of the allowance provided for in paragraph 1 of article 6, which is the minimum limit value corresponding to 24 times the minimum monthly wage. 5-the sentence of the court proceedings referred to in paragraph 1 shall fix the deadline for the conclusion of new lease, the rent to be paid by the new accommodation, which is determined in accordance with article 31 of the NRAU, as well as the timelines applicable pursuant to articles 38 and following the same regime. 6-After the sentence referred to in the previous paragraph must be signed new lease, pursuant to paragraph 2.

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7-the death of the tenant is relocated because of expiry of the lease referred to in the preceding paragraph, and the leased be returned within six months of death. Article 26 [...] 1-In case of termination of the contract for works of remodeling or restoration deep or for demolition of the leased, the lessee is not entitled to housing compensation in the amount of all expenses and damage property and assets, not, having regard to the value of the improvements made and the investments made in relation to the rented property, the amount may not be less than the value of five years of income with the minimum corresponding to 60 times the minimum monthly wage. 2-in the case referred to in the preceding paragraph, the landlord deposit value corresponding to 60 times the minimum monthly wage in the 15 days following the filing of the action. 3-in the case of compensation in an amount greater than the sanitized be referred to in the preceding paragraph, the termination of the contract does not produce effects without check deposited all of that amount. Article 27 [...] 1-the landlord to carry out rehabilitation works or participating in urban rehabilitation operation in the three years prior to updating the income in accordance with section II of the NRAU, of which the award the entire building or portion of the property where the leased to conservation level good or excellent, pursuant to Decree-Law No. 156/2006 , August 8, you can update the annual income based on the following formula: R = x CC x 4% VPC 2-for the purposes of the formula referred to in the previous paragraph:) «» is the VPC asset value fixed, corresponding to the value of the assessment carried out pursuant to articles 38 and following of the Municipal property tax code (CIMI), without consideration of the coefficient of antiquity;

PRESIDENCY of the COUNCIL of MINISTERS 74 b) «CC» is the conservation coefficient provided for in article 33 of the NRAU PROVIDES; c) ' R ' is the annual rent. ' Article 2 entry into force this law shall enter into force 30 days after the date of its publication.

Seen and approved by the Council of Ministers of the Prime Minister and State Minister of finance, the Minister of justice the Minister of the environment, regional planning and Regional development, the Minister of economy and Innovation