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

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Read the untranslated law here:

DRAFT resolution nº 113/XI RECOMMENDS to the GOVERNMENT the adoption of LEGISLATIVE MEASURES in the FIELD of REAL ESTATE VALUATION due to ADMINISTRATIVE DECISIONS or PUBLIC INVESTMENT under the work undertaken by the Commission, if necessary, for the monitoring of the phenomenon of political corruption and for the integrated analysis of solutions to your combat was identified as a critical area in which unjustified enrichment phenomena occur as a result of the action of public authorities , the phenomena arising from significant equity valuations resulting from the change of territorial management instruments or structuring public investments. Expected in the Government Program the review of Land Law understand the Assembly of the Republic that can only be evaluated the impact on the transparency of the decisions of the central Government and local entities the indirect consequences in particular heritage of decisions in the areas of urban planning or public investment. Recent demographic developments indicate a stabilization of the population, or even a gradual reduction over the next few decades. Most municipalities have verified a reduction of population in the last two decades. Even in the metropolitan areas of Lisbon and Porto, a global stabilization of the population that still marked by the decline of Central cores and the population increase in the peripheral areas. The housing stock analysis demonstrates the existence of significant number of derelict fires, sometimes in sharp deterioration in older urban areas and the exhaustion of the new housing market in the areas of urban sprawl. There's no sense today, except in exceptional circumstances, the extension of the urban perimeters and revision of territorial management instruments expanding the areas potentially building plots. Also the realization of large public investments, especially in the fields of accessibility and transport, translates into many times by the creation of appropriate asset valuations significant by the owners of the surrounding areas generating sometimes speculative phenomena with serious damage to the town and country planning. Awareness of the indispensability of limiting urban speculation and private ownership of capital gains generated by investments justified the special forms of taxation created during the construction of the two crossings over the river Tagus in Lisbon. Matter in the revision of the law of soils considering the profound economic, social and demographic changes checked in recent decades and prevent forms of corruption of public decision-makers and unjustified appropriation of speculative gains. Accordingly, and pursuant to article 156 of the Constitution of the Republic, the Parliament recommends the Government: 1. The extension of urban areas or building plots in case of adoption or revision of territorial management instruments, be disabled for attesting the absolute inadequacy of urban areas or existing building in the face of demographic, economic and social development of the municipality. 2. The inclusion of any parcel of land in an urban area or building lot to determine the taxation on property tax as urban building. 3. That in the context of the new Land Law provide for the taxation of capital gains resulting from the significant change of urban potential of buildings in relation to the previously applicable territorial management instruments. 4. That if they adopt general criteria for the taxation of capital gains generated by large public investments, in particular by the new Lisbon International Airport, the new road and rail concessions and by the expansion of metro networks.

Palácio de s. Bento, 14 April 2010 members