Advanced Search

Recommends To The Government The Adoption Of Legislative Measures In The Field Of Real Estate Valuation Due To Administrative Decisions Or Public Investment

Original Language Title: Recomenda ao Governo a adopção de medidas legislativas em matéria de valorização de imóveis devido a decisões administrativas ou investimentos públicos

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.





Within the framework of the work developed by the Commission possible for the

political monitoring of the phenomenon of corruption and for the integrated analysis of

solutions with a view to their combat has been identified as critical area in which to

check unjustified enrichment phenomena as a result of the performance of

public entities, the phenomena arising from patrimonial valuations

significant resulting from the alteration of territorial management instruments or the

realization of structuring public investments.

Predicting on the Government's Programme the revision of the Solos Act understands the Assembly

of the Republic which cannot fail to be assessed the repercussion in the transparency of the

decisions of the entities of the central and local administration the indirect consequences in the

heritage of individuals from decisions in the areas of urban planning or the

publico investment.

Recent demographic developments indicate a stabilization of the population, or even

a gradual reduction over the next few decades. The majority of municipalities have

verified a reduction in population in the last two decades. Even in the areas

metropolitans of Lisbon and Porto verify-a global stabilization of the population

yet marked by the decline of central cores and the population increase in the

peripheral areas.

The analysis of the housing stock demonstrates the existence of significant number of

firecrackers, sometimes in sharp degradation, in the older urban areas and the

depletion of the market for new housing in the areas of urban sprawling.

It does not have a sense today, except in exceptional circumstances, the enlargement of the

urban perimeters and the revision of territorial management instruments by expanding the areas

potentially urbanizable.

Also the realization of major public investments, not least in the fields of

acessibilities and transport, translates many times by the creation of significant

appropriate patrimonial valuations by the owners of the surrounding areas

generating at times speculative phenomena with serious effects for planning


The awareness of the indispensability of limiting urbanistic speculation and appropriation

private of more-valuable investments generated by investments warranted the special forms of

taxation created when constructing the two crossings on the Tagus in Lisbon.

It matters so in the revision of the Solos Act to consider the profound changes

economic, social and demographic fact check in recent decades and prevent forms of

corruption of public decision-makers and of unjustified appropriation of more-valuable


In these terms, and under the provisions of Article 156º of the Constitution of the Republic, the

Assembly of the Republic recommends to the Government:

1. That the enlargement of urban or urbanizable areas in the event of approval or

review of territorial management instruments, be conditioned by the

attestation of the absolute insufficiency of urban or urbanizable areas

existing in the face of the demographic, economic and social developments of the municipality.

2. That the inclusion of any parcel of territory in urban or urbanizable area

determine immediately the taxation in municipal property tax as

urban building.

3. That within the framework of the new Solos Act be provided for the taxation of the most-valuable

resulting from the significant alteration of the urban potential of buildings

relatively to the previously beholdant territorial management instruments.

4. That they adopt general criteria for the taxation of the most-valuable ones generated by the

major public investments, specifically by the new airport

international Lisbon, by the new road and rail concessions and by the

expansion of metropolitan networks.

Palace of S. Bento, April 14, 2010

The Deputies,