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Proposal for Law No 183 /XII

Exhibition of Motives

The present proposed law proposes, by updating the foundations of soil policies,

of spatial planning and urbanism, meet one of the objectives of the Programme of the

XIX Constitutional Government and the Major Options of Plan 2012-2015, approved by the

Law No. 64-A/2011 of December 30.

In the face of the need to review the so-called Solos Act (Decree-Law No. 794/76, 5)

november), it was understood that, being the soil the basic resource for spatial planning,

should jointly address the subjects already dealt with by that Solos Act, well

as per the constants of Law No. 48/98 of August 11, as amended by Law No. 54/2007, of

August 31, laying down the foundations of the spatial planning policy and

urbanism, thus welcoming an integrated view of the management of the territory. Intended

still to integrate environmental policies into the spatial planning policies and

urbanism.

Starting from the assessment of the current situation and the regime in force, it is imperative to define

instruments that allow to discipline, reconduct and induce the correct distribution of soil

rustic and urban and the efficient execution of territorial plans, avoiding the increase

excessive and irrational of urban perimeters, ensuring the safeguard of values

natural, and by promoting the exploitation of forest and agricultural resources as well as the

better harnessing the resources of the urban soil, focused on the rehabilitation of the fires

existing, to the detriment of new construction and the regeneration of areas of the territory.

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In that sense, the present proposed law states that public policy for planning

of the territory and of urbanism should promote rehabilitation, regeneration and use

proper of rustic and urban soil, extending the scope of rehabilitation settings and

urban regeneration, understood the first as a form of territorial intervention

integrated that aims at the valorisation of the physical support of a territory and the second as a

form of integrated territorial intervention that combines rehabilitation actions with works of

demolition and new construction, associated with appropriate forms of economic revitalization,

social and cultural and of strengthening territorial cohesion.

As such, it is articulated the planning of the territory with the tax instruments that focus

on real estate, while soil policy instruments, in order to rationalize the

taxation, making it more fair and appropriate to the goal of resource exploitation

of the soil.

From the same step, a reinforcement of the mechanisms of equalisation is carried out, predicting

transfer of use as a form of relaxation of the purposes of

territorial planning, promoting the fair distribution of charges and benefits.

At the level of the legal status of the soil, it strengthens the classification of the soil in two classes:

urban soil and rustic soil, depending on their situation and the purpose set out in the plan

territorial. They can be classified as urban soil the land considered

indispensable for urbanization and edification, consisting of total spaces or

partially edified, infrstructured and endowed with collective equipment; they are

classified as rustic the remaining, in particular, those for the use

agricultural, animal husbandry, forest, conservation, valorisation and exploitation of natural resources,

of geological resources or energy resources, as well as what is intended for spaces

natural, cultural, tourism, recreation and leisure or the protection of risks.

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The classification and reclassification of rustic soil as urban translates an option of

planning, in accordance as a principle of necessity, depending on the proving,

quantitative and qualitative, by reference to the implementation and evaluation of the plan, of the respect

indispensability and suitability for economic-social development, pursuant to

define in the Legal Regime of Territorial Management Instruments. Want to with these

rules disciplinary the processes of urban soil creation by associating the acquisition of

urban colleges to the fulfilment of the associated duties in the framework of the implementation

of the territorial plans, and control the phenomena of dispersed edification, with respect to the

rights acquired and the legitimate expectations of the owners.

The State, Autonomous Regions and local authorities gain new means of

intervention on the ground, among which stands out the forced sale of urban buildings whose

owners do not meet the burden and duties to which they are required by territorial plan. The

application of these instruments takes place, only, by reason of public utility

duly justified and have on the basis of respect for the essential content of the right

fundamental of private property inherent in the guarantee of fair compensation as well as the

application of the proportionality principle and the remaining constitutional principles

relevant.

The present proposal of law essentially maintains the structure of the territorial management system

gated in Law No. 48/98 of August 11, as amended by Law No. 54/2007 of August 31, the

an end to promote the stability of the territory's management model, without prejudice to the

innovations introduced. Thus, the system of territorial management is organized in a framework of

coordinated interaction that releads to the national, regional, intermunicipal and

municipal, depending on the nature and territorial incidence of public interests

proceeded.

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In particular, it is enhanced by inter-municipal cooperation, in order to enable an appropriate

articulation between the various municipalities, potentially generating synergies and gains

of scale.

It is thus granted the possibility for neighbouring municipalities to associate themselves to define,

in a coordinated manner, the development strategy and the sub-regional territorial model,

the options for localization and management of public equipment and infrastructure, through the

joint approval of programs or territorial plans of inter-municipal scope or

municipal.

The policy of land, land use planning and urbanism is defined and developed

by means of territorial instruments, which materialize in programmes, which establish the

strategic framework of territorial development and the guidelines to be considered at each level

of planning, and in plans, which lay out the concrete planning options and

define the use of the soil.

It is promoted the flexibility of the territorial management system and the concertation of interests in the

management of the territory, articulating the integration of the guidelines of the scope programmes

national and regional in the territorial and municipal framework plans, without

prejudice to the possibility of ratification, by the Government at the request of the municipalities or

associations of municipalities, of territorial plans involving the amendment of programmes

preexisting sectoral or regional.

It is still objective of the present proposed law to promote simplification, legal certainty

and the protection of trust. In order to simplify the system of territorial management, it establishes-

if the programs only link the public entities and the territorial plans of

intermunicipal and municipal scope binding on public and still, direct and

immediately, the private individuals.

Thus, territorial programs cannot establish uses of the soil, which translates larger

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responsibility of local authorities in planning matters.

By their shift, territorial plans also link private individuals and in them are

devoted parameters and indicators of monitoring, evaluation and monitoring, which

allow for systematic and statistical monitoring of the respective strategy, its objectives and the

your execution. As a result, the role of the municipal director plan is strengthened or, when

existing, from the intermunicipal director plan, while planning tools

binding of private individuals, assuming that the citizen will only be obliged to consult

a single plan to get to know safely what it is allowed to do in terms of

urbanistic operations.

In order to ensure this goal, the present proposal of the law enshrines the duty of the

municipalities integrate into the territorial plans the standards with an impact on land use

arising from national or regional scope programmes, as well as restrictions of

public utility or administrative servitude. The same succeeding in relation to the current

special plans for spatial planning, in the terms of the specific transitional standard.

Addressing the protection of interests of national and regional scope, the present proposal of

law establishes proper safeguard mechanisms, with respect for local autonomy in

urban planning matter.

This proposed bill faces the valorisation of the territory as a factor of competitiveness

national, in the perspetive of the territorial cohesion and efficiency of the management processes of the

territory, in such a way as to expedite the operation of the planning system and to guarantee its

operativity.

Thus, alongside the development of the mechanisms for the implementation of territorial plans and the

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forms of contractualization, the present proposed law aims to improve the capacity of

response, the safety and predictability of urbanization and edification processes,

establishing conditions for the adoption of expedited prior control procedures,

whenever the conditions of realization of the urbanistic operation meet

sufficiently defined, and by contrast the strengthening of the mechanisms of

accountability and successive control.

They establish, finally, innovatively, mechanisms for regularization of operations

urbanities, allowing to unlock situations of stalemate whose maintenance was revealed

negative for urban and environmental public interest and disproportionately gravy

for private individuals.

The present proposed law adopts the legal regime of territorial management instruments and the

legal regime of urbanization and building as diplomas of legislative development,

determining your review. It also provides for the drafting of a new legal regime

applicable to the cadastral register, with the aim of harmonizing the registration system of the

property and to promote the completion of the cadastral survey of the national territory,

essential condition for development.

Taking into consideration the framework that was summarized, considering that the present

proposed law protects the public interest, properly drive the conflicts of

underlying interests in these areas and recognize transversality as a condition of

success of public policies, the Government presents to the Assembly of the Republic to present

proposed law of bases of soil policy, land use planning and urbanism.

They were heard, on a mandatory basis, the governing bodies of the Autonomous Regions

and the National Association of Portuguese Municipalities.

They were heard, by the optional title, the General Union of Workers, the Confederation

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Business of Portugal, the Confederation of Trade and Services of Portugal, the

Confederation of Farmers of Portugal, the Confederation of Portuguese Tourism, the

Quercus-National Association for Conservation of Nature, the Association of Urbanists

Portuguese, the Professional Association of Portuguese Urbanites, the Association

Portuguese of the Landscape Architects and the Order of Architects.

Thus:

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

Assembly of the Republic the following proposal for a law:

Title I

General provisions

CHAPTER I

Object, purposes and general principles

Article 1.

Object

1-A This Law lays down the general foundations of public policy of land, land use planning

territory and urbanism.

2-A This Law shall not apply to the planning and management of the national maritime space,

without prejudice to the coherence, articulation and compatibilization of soil policy and

spatial planning with the policy of spatial planning and management

national maritime.

Article 2.

Purposes

They constitute the purposes of public policy on soils, land use planning and urbanism:

a) Safeguarding and valuing the potentials of the soil, the development

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sustainable, territorial economic competitiveness, job creation and the

efficient organization of the funjournal and real estate market;

b) To regulate the soil market with a view to the prevention of fun-like speculation,

avoiding injurial practices of the general interest;

c) Strengthen national cohesion by organizing the territory so as to contain the expansion

urban and the dispersed edification by correcting regional asymmetries, namely

of the low-density territories, ensuring equal opportunities of the

citizens in the access to infrastructure, equipment, services and urban functions,

in particular to equipment and services that promote support to the family, to the

third age and social inclusion;

d) Increasing the resilience of the territory to the effects arising from phenomena

extreme weather, combat the effects of erosion, minimise the emission of gases

with a greenhouse effect and increase energy and carbonic efficiency;

e) Safeguarding and valuing the identity of the national territory by promoting the

integration of their diversities and the quality of life of populations;

f) Streamlining, rehabilitating and modernizing urban centres, rural clusters and the

coherence of the systems in which they are inset;

g) Promoting advocacy, fruition and the valorisation of natural, cultural and cultural heritage

landscaping;

h) Ensuring the rational harnessing of natural resources and valuing the

biodiversity;

i) Preventing collective risks and reducing their effects on people and goods;

j) Safeguarding and valuing the coastal orla and the banks of rivers;

k) Dynamising the potentials of agricultural, forestry and forestry areas;

l) Regenerate the territory by promoting the requalification of degraded areas and the

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conversion of urban areas of illegal genesis;

m) Promoting the accessibility of people with mobility-conditioned mobility,

equipment and green spaces or other spaces of collective use.

Article 3.

General principles

Public policies and administrative performances in land, land use planning

territory and urbanism are subordinated to the following general principles:

a) Intra-and intergenerational solidarity, ensuring present and future generations

quality of life and a balanced socio-economic development;

b) Responsibility, ensuring the prior evaluation of interventions with impact

relevant in the territory and establishing the duty of reposition or compensation

of damage that jeopardizes the natural, cultural and landscaping heritage;

c) Economics and efficiency, ensuring the rational and efficient use of resources

natural and cultural, as well as the environmental and financial sustainability of the

options adopted by the programs and territorial plans;

d) Integration of environmental policies into spatial planning policies and

urbanism, by carrying out an environmental assessment that identifies and

monitor significant effects on the environment that result from a program or

territorial plan;

e) Coordination and compatibilization of the various public policies with incidence

territorial with the policies of economic and social development, ensuring

an appropriate weighting of public and private interests in attendance;

f) Prevention, adopting anticipatory measures aimed at preventing or minimizing

significant environmental impacts;

g) Subsidiarity, simplifying and coordinating the procedures of the various

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levels of the Public Administration, with a view to bringing the decision-making level closer to the

citizen;

h) Fairness, ensuring the fair distribution of benefits and burdens

arising from the implementation of the territorial programmes and plans and the instruments

of soil policy;

i) Participation of citizens, enhancing access to information and intervention in the

procedures for the elaboration, implementation, evaluation and review of the programmes and

territorial plans;

j) Concertation and contractualization between public and private interests,

encouraging role models based on the reciprocal linking between the

public and private initiative in the realization of the programmes and plans

territorial;

k) Legal certainty and protection of trust, ensuring the stability of the

legal regimes and respect for preexisting and legally binding rights

consolidated.

CHAPTER II

General rights and duties

Article 4.

Right of private property of the soil

1-The right of private property of the soil is guaranteed under the Constitution and the

law.

2-The right of private property and the rest rights concerning the soil are weighted

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compatibilized and conformed, in the framework of the legal relations of planning

territory and urbanism, with protected constitutional principles and values,

particularly in the fields of national defence, the environment, culture and the

cultural heritage, the landscape, public health, education, housing, the

quality of life and economic and social development.

3-A The imposition of restrictions on the right of private property and the remaining rights

relating to the soil is subject to the payment of the fair compensation, in the terms and of

agreement with that provided for in this Law and in the Code of Expropriations.

Article 5.

Right to spatial planning

Everyone has the right to rational, proportional and balanced spatial planning,

so that the pursuit of public interest in land use, planning

territory and urbanism, do so in respect of the general interest of populations and rights

and legally protected interests.

Article 6.

Other rights

All have, in particular, the right to:

a) Use and fruition the soil, in respect of the uses and uses provided for in the law and in the

programs and territorial plans;

b) Benefit, under the law, of the goods from the public domain and use the

infrastructure of collective use;

c) Access, on a level playing field, to equipment and green spaces and other

spaces of collective use.

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Article 7.

General duties

All have, in particular, the duty to:

a) To use in a sustainable and rational manner the territory and natural resources;

b) Respecting the environment, cultural heritage and the landscape;

c) Use in a correct way the goods of the public domain, without prejudice to the rules

specific applicable to the goods affected to the national defence, the infrastructure, the

services, equipment and green spaces or other spaces of use

collective, as well as abstaining from carrying out any acts or to develop

any activities that would conduct a danger of injury of the same.

Article 8.

Duties of the State, Autonomous Regions and local authorities

1-The State, Autonomous Regions and local authorities have a duty to promote the

public policy on soils, land use planning and urbanism, within the framework of the

respect assignments and competences, provided for in the Constitution and in the law.

2-For the purposes of the preceding paragraph, the State, the Autonomous Regions and the

local authorities have, in particular, the duty to:

a) Planning and programming the use of the soil and promoting the respect to be achieved;

b) Ensuring equality and transparency in the exercise of rights and compliance

of the duties related to the soil, specifically, through the right of

participation and the right to information of citizens;

c) Ensure the use of the soil, in accordance with sustainable development and mode

prevent their degradation;

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d) Ensure the existence of public spaces intended for infrastructure,

equipment and green spaces or other spaces of collective use,

acauteling that everyone has access to the same on a level playing field;

e) Ensuring the economic sustainability of the works indispensable to the installation and the

maintenance of infrastructure and equipment;

f) To ensure the enforcement of compliance with the rules relating to the use, occupation and

soil transformation and to apply guardian measures of legality.

Title II

Policy of soils

CHAPTER I

Legal status of the soil

SECTION I

Common provisions

Article 9.

Land use regime

1-The use of the soil takes place within the framework of the limits laid down in the Constitution, in the law, in the

territorial plans of inter-municipal or municipal scope in force and in compliance

with respect to rank and qualification.

2-The land use regime defines the discipline on respect to respect occupation, use and

transformation.

3-The land use regime is established by the territorial plans of scope

intermunicipal or municipal through the classification and qualification of the soil.

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Article 10.

Classification and qualification of soil

1-A classification of the soil determines the basic fate of the soil, with respect for its

nature, and is based on the distinction between rustic soil and urban soil.

2-For the purposes of the provisions of the preceding paragraph, it is understood by:

a) Rustic soil ", the one which, by its recognized aptitude, is fearless,

in particular, the agricultural, livestock, forest, conservation,

valorisation and exploitation of natural resources, geological resources or

energy resources, as well as what is intended for natural, cultural, cultural spaces

tourism, recreation and leisure or the protection of risks, yet be occupied by

infrastructure, and the one that is not classified as urban;

b) "Urban soil", the one that is urbanised or edited or that consists of

total or partially edified spaces, infrortructured and endowed with

collective equipment, or that is intended in territorial plan to urbanization

or to edification;

3-A classification and reclassification of soil as urban translating an option of

planning, in the terms and conditions provided for in the law.

4-A The qualification of the soil defines, with respect for its classification, the contents of its

harnessing by reference to the development potentials of the territory.

Article 11.

Restrictions of public utility

1-Without prejudice to the definition of the land use regime by the territorial plans of scope

inter-municipal or municipal, for the pursuit of generic purposes of interest

public concerning public policy of soils, may be established, by law, restrictions

of public usefulness to the content of the right of ownership, prevailing over the

too many provisions of land use regime.

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2-Public utility restrictions may not involve the formulation of decisions of

planning, sensing them vetted, namely, the positive definition of the use scheme

of the soil.

3-When they have permanent character and territorial expression likely to prevent or

conditioning the harness of the soil, the public utility constraints are

compulsorily translated into the territorial plans of an intercity scope or

municipal, without prejudice to the provisions of the following number.

4-Within the framework of the procedures for drafting, amending or revising the territorial plans

of inter-municipal or municipal scope, disaffections or changes may be proposed

of the conditionings of the specific soil harnessing resulting from the constraints

of public utility, depending on the respect for evaluation and weighting, in the terms and

conditions provided for in the law.

Article 12.

Territorial areas to rehabilitate and regenerate

1-The State, the Autonomous Regions and local authorities identify, in the programmes and

territorial plans, the territorial areas to rehabilitate and regenerate and promote the actions

suitable for the pursuit of these goals.

2-The areas referred to in the preceding paragraph may cover soil classified as rustic

or urban.

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SECTION II

Rights and duties concerning the soil

Article 13.

Rights of owners

1-The owners of the soil have the right to use the soil according to their nature, and

in observance of the schedule in the programmes and territorial plans, translated into the farm,

directly or by third parties, of the productive potentials of that soil, according to

the principle of the soil economy, without prejudice to the rules applicable to national defence and

security.

2-The owners of the urban soil have in particular, the following rights, in the terms

and conditions provided for in the law:

a) Edit;

b) To promote, when necessary, urban rehabilitation and renewal;

c) Carry out works of urbanization;

d) Use the buildings.

Article 14.

Duties of owners

1-Owners have a duty to preserve and value natural, environmental, property,

landscapes and cultural.

2-The owners have, in particular, the following duties, in the terms and conditions

provided for in the Act:

a) Use, conserve and rehabilitate real estate, specifically, the existing edified;

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b) Ceding legally required areas for infrastructure, equipment and spaces

greens or other spaces of collective use, or, in the absence or insufficiency

of the budding of these areas, compensate the municipality;

c) To participate in the costs of construction, maintenance, reinforcement or renovation

of the infrastructure, equipment and green spaces and other spaces of

collective use in the area in which the urbanistic operation takes place;

d) Collaborate in the development of territorial infrastructure;

e) Minimise the level of exposure to collective risks.

Article 15.

Gradual acquisition of urban planning colleges

1-A acquisition of the urbanistic colleges that integrate the content of the use of the

urban soil is effectuated in successive and gradual manner and is subject to compliance with the

burden and urban planning duties set out in the law and territorial plans of scope

intermunicipal or municipal applicable.

2-A The absence of the urban colleges referred to in the preceding paragraph shall be without prejudice to the

provisions of the law in respect of fair compensation due for expropriation.

Article 16.

Imposition of realization of urban planning

1-A Administration may impose on the owner of the real estate the carrying out of the operations

urbanities necessary for the implementation of a territorial plan of intercity scope or

municipal, including, inter alia, the obligation to conserve, rehabilitate and demolish

the constructions and buildings that in it exist or to use them in accordance with the

provided for in a territorial plan.

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2-Without prejudice to the provisions of special law, if the owner does not comply with the order or

manifests its opposition to it, its execution can only take place upon

expropriation or forced sale of the immovable, pursuant to Rule 35.

Article 17.

Sacrifice of preexisting and legally consolidated rights

1-The sacrifice of preexisting and legally consolidated rights can only take place in the

cases expressly provided for in the law or in the applicable territorial plans and by the

payment of compensation.

2-A compensation referred to in the preceding paragraph may take place, when private individuals

to give their agreement, by redistribution among the benefits of benefits and

charges or fair damages, pursuant to this Law and the Code of

Expropriations, being this subsidiary in respect of compensation.

3-A compensation referred to in the preceding paragraph is provided for, obligatorily and

express form, in the territorial plan of inter-municipal or municipal scope that

substantiates the imposition of sacrifice, particularly through the definition of

mechanisms of equalisation of them resulting.

Article 18.

Reservation of soil

1-A ground floor reserve for urban planning infrastructure, equipment and green spaces and

other spaces of collective use, provided for in territorial plan of scope

intermunicipal or municipal, lapses if the execution of this does not start at the deadline

set out in the territorial plan or in the programming instrument, lapsing from equal

forms the rights of the owners in cases where the default of the

respect for burdens or urban planning duties on the part of private individuals.

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2-In the lack of fixation of the time limit referred to in the preceding paragraph, the reserve of the soil shall lapse

within five years counted from the date of the entry into force of the plan respect

territorial.

3-The associations of municipalities and local authorities are required to declare the deciduous

of the ground reserve, under the law, and can only carry out the infrastructure,

equipment and spaces of collective use provided for in the plan if they proceed to

redefinition of the use of the soil, unless the prevailing territorial plan has foreseen the regime of

use of the surly applicable soil and to occur the renewal of the respective instrument of

programming.

SECTION III

Structuring of the property

Article 19.

Structuring of the property

1-The dimensioning, fractionation, emparceling and repairing of the property

of the soil shall be carried out in accordance with that provided for in the territorial plans, and the units

predicals to be suitable for harnessing the soil in them established.

2-Without prejudice to the legal fixation of minimum culture units on rustic soil, the plans

inter-municipal or municipal scope can establish criteria and rules

for the sizing of the buildings, particularly the resulting batches or plots

of the operations of land processing carried out in the framework of its implementation.

3-The associations of municipalities and local authorities can promote, on their initiative

or in cooperation with the owners of buildings, the respective grouping, well

as the later fractionation and distribution of those buildings, through the delivery of the

plots resulting from the owners, under the law.

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4-The operations referred to in the preceding paragraph are aimed at:

a) To reduce or eliminate the socio-economic drawbacks of fragmentation and

dispersion of the property;

b) To enable the reconfiguration of land cadastral boundaries;

c) Contribute to the implementation of rehabilitation and regeneration operations;

d) Ensuring the implementation of the public policy of soils provided for in the programmes and

territorial plans;

e) Adjust the dimension and configuration of the buildings to the defined fun-shaped structure

by the programme or territorial plan;

f) Distribute equitably, among the owners, the benefits and charges

resulting from the entry into force of the territorial plan;

g) Properly locate the areas necessary for the deployment of infrastructure,

equipment, green spaces or other spaces of collective use,

specifically the mandatory ceding areas.

Article 20.

Land use and edificability

1-The use of the soil is defined exclusively by the territorial plans of scope

intermunicipal or municipal, through the application of parameters and indexes, quantitative

and qualitative, harnessing or edificity, under the law.

2-A edificability can be the object of autonomous subjective rights of the soil,

particularly to enable the transfer of edificability, under the law.

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Article 21.

Transfer of edificability

1-The territorial plans of intercity or municipal scope may allow the

edificability by them assigned to a lot or to a plot of land is transferred

for other batches or parcels, aiming to continue, specifically, the following

purposes:

a) Conservation of nature and biodiversity;

b) Safeguarding of natural, cultural or landscaping heritage;

c) Prevention or minimization of collective risks inherent in serious accidents or

disasters and environmental risks;

d) Rehabilitation, renewal or regeneration;

e) Appropriate endowment in infrastructure, equipment, green spaces or other

spaces of collective use;

f) Housing with social purposes.

2-For the purposes of the provisions of the preceding paragraph, the territorial plans of scope

intermunicipal or municipal regulates the prediction of the transferable edificity, defining

the terms and conditions in which the values of the concrete right to build may be

used, as well as the mechanisms for the respect operationalization, according to

the procedure provided for in the law.

3-The predial register of real rights constituted, modified or extinguished, in

consequence of the transfer of edificity between batches or plots of land, is

regulated in specific legislation.

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CHAPTER II

Public ownership of soil and intervention of the State, Autonomous Regions and the

local authorities

SECTION I

Public property of the soil

Article 22.

Spaces intended for infrastructure and equipment and spaces of collective use

1-Within the framework of the realization of urban planning operations, the spaces for

infrastructure, equipment, green spaces or other spaces of collective use

they integrate the public or private domain of the State, the Autonomous Regions and the

local authorities.

2-The provisions of the preceding paragraph shall not apply when, in the context of an operation

urbanistic and upon reasoned decision of the State, Autonomous Regions or

of local authorities, be demonstrably more appropriate, from the point of view

urbanistic, its maintenance or integration in private entitlement.

3-When infrastructure, equipment and green spaces or other spaces of

collective use if they hold or are integrated in private title, the State,

Autonomous Regions and local authorities ensure their collective use and

regulate the respects terms, in particular through servitude, of regulations, of

licensing or contract.

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4-A cessation of public utility restrictions or utility administrative servitude

public and the disaffection of real estate from the public domain or the purposes of public utility to

that were found adstrites, specifically those in the private domain unavailable from the

State, even if they integrate the heritage of public institutes or companies

public, have as an effect the expiry of the land use regime for them

specifically provided for in the territorial plans of inter-municipal or municipal scope,

case these have not established the applicable land use regime in such a situation.

5-Where the expiry of the land use regime occurs in the terms of the number

previous, the associations of municipalities or local authorities should redefine the use of the

soil by drawing up or altering instrument of territorial planning, in the

terms of the law.

Article 23.

Private domain and public policies of soils

Without prejudice to other purposes provided for in the law, the real estate of the private domain of the

State, Autonomous Regions and local authorities may be affections to the pursuit of

purposes of public policy of soils, with a view, inter alia, to:

a) Regulation of the soil market with a view to the prevention of speculation

funnant and the regulation of respect value;

b) Application of supptive principles associated with redistribution mechanisms

of benefits and charges;

c) Location of infrastructure, equipment and green spaces or

other spaces of collective use;

d) Realization of public interventions or public initiative, in the fields of

civil protection, agriculture, forests, nature conservation, the

housing for social purposes and rehabilitation, regeneration and urban renewal;

e) Programmed implementation of the programs and territorial plans.

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Article 24.

Autonomization of immovable property of public title

1-The State, Autonomous Regions and local authorities shall autonomize, in their

activities and budget plans and in the reporting documents, the goods

Real estate members of your public or private domain.

2-Real estate may join the public title of the entities referred to in the

previous number by any legally admitted means, namely:

a) Purchase and sale;

b) Permute;

c) Financial leasing and other contracts of an analogous nature;

d) Succession;

e) Donation;

f) Legacy;

g) Expropriation by public utility or constitution of administrative servitude;

h) Perequative compensations.

Article 25.

Ceding of real estate

1-Real estate that has been ceded by private individuals, for purposes of utility

public for the field of State, Autonomous Regions or local authorities, no

shall be affectionate to distinct purposes, under penalty of reversal, under the law.

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2-When the yielding has been effected as a counterpart to an assigned faculty

by local authorities to private individuals, particularly in the context of the realization of

urbanistic operations, the immovable property that has been yielded may be affective to

distinct public utility purposes from those that have motivated such yielding, being

subject to reversal when it cates the use of public utility.

SECTION II

Means of administrative intervention on the ground

Article 26.

Soil policy instruments

The State, Autonomous Regions and local authorities conduct public policy of

soils, in the framework of the respective assignments and the competences of their organs, to

pursuit of the purposes that are committed to it, in the respect of the Constitution and the law.

Article 27.

Territorial management

Territorial management is a means of administrative intervention in the soil and contributes to the

realization of the public policy objectives of soils and land regulation at the level

national, regional and local.

Article 28.

Transaction of goods from the private domain

Unless otherwise the result of the law, the nature or the object of the act to be practising, the State, the

Autonomous Regions and local authorities may, for the pursuit of finality of

public policy of soils, acquire or alienate real estate or real rights on them

incidents, by the means provided for in private law, in particular purchase, sale or

permute.

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Article 29.

Right of preference

The State, Autonomous Regions and local authorities have the right to exercise, in the

legally anticipated terms, the right of preference in the onerous transmissions of buildings

between private individuals with a view to pursuing public policy objectives of soils

for the following purposes:

a) Implementation of the programmes and territorial plans;

b) Rehabilitation, renovation and regeneration of rustic and urban territorial areas;

c) Restructuring of rustic and urban buildings;

d) Preservation and enhancement of natural, cultural and landscaping heritage.

e) Prevention and reduction of collective risks.

Article 30.

Right of surface

1-The State, Autonomous Regions and local authorities may constitute the right to

surface area on real estate that is integral to its private domain for the pursuit of

public policy purposes of soils, pursuant to the law.

2-The right of surface is, as a rule, constituted of onerous title.

Article 31.

Ceding of use of goods from the private domain

1-The State, Autonomous Regions and local authorities may give in, to precarious title and

with onerous character, the use of goods from the private domain private domain, to ensure

the pursuit of public policy finals of soils.

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2-A yielding is duly substantiated and seeks to ensure conservation, valorisation

and the profitability of the goods yielded.

3-A The law establishes the budding procedure and the conditions under which they are held

supervision of the activity of the transferee and the restitution of the immovable property yielded.

Article 32.

Grant of the use and exploitation of the public domain

1-The State, Autonomous Regions and local authorities may conclude contracts of

grant or grant deprivative use licenses of goods that integrate their domain

public, specifically for the purpose of use, exploitation or management of

urban infrastructure and spaces and equipment of collective use.

2-A The law sets out the rules to be observed as to the term of the concession, the fixation

of the criteria for the payment of fees by the concessionaire, obligations and rights

of the concessionaire, the goods affected to the concession, the guarantees to be provided, to the kidnapping, to the

rescue and liability to third parties.

Article 33.

Administrative servings

1-For the pursuit of concrete purposes of public interest relating to politics

public of soils, may, in the legally foreseen terms, be constituted of servitude

administrative on immovable property which, with a real character, limit the right to

property or other real rights, by law, administrative act or contract,

prevailing over the remaining land use restrictions.

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2-For the purposes of the preceding paragraph, they may, in particular, be imposed on the

holders of the actual rights on immovable property, obligations not to adopt pipelines that

prejudged the purposes of public interest pursued by the State, Regions

Autonomous and local authorities, to the extent strictly necessary for the pursuit

of these purposes.

3-When they have permanent character and territorial expression susceptible to prevent or

conditioning the harness of the soil, administrative servings are

compulsorily translated into the territorial plans of an intercity scope or

municipal may, within the framework of the procedures for drafting, amending or revising

of these plans, be considered disaffections or changes.

4-Administrative servings that have an analogous effect to expropriation are constituted

upon payment of fair compensation, pursuant to the law.

Article 34.

Expropriations by public utility

1-For the pursuit of concrete purposes of public interest relating to politics

public of soils may be carried out expropriations by public utility of goods

real estate, upon payment of fair damages, under the law.

2-Expropriations by public utilities aim, inter alia, to pursue the

following purposes:

a) Realization of urban planning operations;

b) Rehabilitation, renovation and regeneration of rustic and urban territorial areas;

c) Realization of public interventions or public initiative;

d) Installation of infrastructure and equipment of collective use;

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e) Integration of land in the public title of the soil;

f) Implementation of programs and territorial plans.

3-A expropriation can only take place when the constitution of a servitude of law

administrative or other less injurial means is not sufficient to ensure the

pursuit of the purposes of public interest in question.

Article 35.

Forced sale

1-Owners who fail to meet the burden and duties arising from operation of

regeneration planned in territorial plan of intermunicipal or municipal scope or of

urban rehabilitation operation can be subject to forced sale, under the law,

in the alternative to expropriation, by reason of public utility.

2-The buildings in a state of ruin or without conditions of habitability, as well as the

plots of land resulting from their demolition, may be subject to forced sale,

under the terms of the previous number.

3-The purchasers of the buildings and plots of land referred to in the preceding paragraphs

are bound by the same burden and duties, within the stipulated time and schedule in the

forced sale act.

4-In the event that the acquirer on forced sale does not fulfil the burden and duties provided for in the

territorial plans and in the respect of schedule within the time of the temporal respect of temporal implementation,

there may be a place of expropriation or resumption of the forced sale procedure.

5-A forced sale can only take place when other less-injuried means are not

sufficient to ensure the pursuit of the purposes of public interest in question.

6-In the lack of agreement by the owner as to the value of the good in the sale procedure

forced is assured to the owner of the real estate the fair amount of due compensation

by expropriation.

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Article 36.

Forced renting and provision of buildings on the land bag

1-The buildings and autonomous fractions object of rehabilitation action can be subject to

forced renting, in the cases and under the terms provided for in the law.

2-The rustic buildings and the mixed buildings with no known owner and which are not being

used for agricultural, forestry, silvo-pastoris or nature conservation purposes,

can be made available on the national land grant under the law.

Title III

Territorial management system

CHAPTER I

Territorial management

Article 37.

Objectives of territorial management

Territorial management aims to implement the policy of land, land use planning and

urbanism and ensure:

a) The improvement of the living and working conditions of populations;

b) The correct distribution and location in the territory of economic activities, das

functions of housing, work, culture and leisure;

c) The creation of diversified employment opportunities as a means for fixing

of the populations, particularly in the less developed areas;

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d) The preservation and defence of soils with potentiality for harnessing with

agricultural, animal husbandry or forestry activities, of nature conservation, of

tourism and leisure, production of renewable energy or resource exploitation

geologic, so that the affectation of those soils to other uses is restricted to the

situations in which it is effectively necessary and find itself properly

proven;

e) The suitability of urban density levels, preventing the degradation of quality

of life, as well as the imbalance of the economic and social organization;

f) The profitability of infrastructure, avoiding the unnecessary extension of networks and

of urban perimeters and rationalizing the harnessing of the interstitial areas;

g) The application of a housing policy that allows to solve the caries

existing;

h) The rehabilitation and revitalization of the historical centres and the elements of the

ranked cultural heritage, as well as of the respected housing stock in

the detriment of new construction;

i) To promote the accessibility of all citizens to buildings as well as to the

public spaces and collective use;

j) The recovery and regeneration of degraded areas;

k) The prevention and reduction of collective risks;

Article 38.

Structure of the territorial management system

1-A The policy of land, land use planning and urbanism is developed,

notably, by means of territorial management instruments that materialize in:

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a) Programmes, which establish the strategic framework of territorial development

and their programmatic guidelines or define the spatial incidence of policies

national to be considered at each level of planning;

b) Plans, which establish concrete options and actions in planning and

organization of the territory as well as define the use of the soil.

2-The system of territorial management is organized in a coordinated interaction framework that

releads to the national, regional, intermunicipal and municipal ambit, depending on the

nature and the territorial incidence of the public interests pursued.

Article 39.

Weighting public and private interests

1-The territorial programs and plans identify, graduate and harmonize the various

public and private interests with translation into spatial planning.

2-The territorial programmes and plans ensure the harmonisation of the various interests

public with spatial expression, taking into account national defence, safety, health

public, civil protection and development strategies, as well as the

territorial sustainability, in economic, social, cultural and environmental terms, the

medium and long term.

3-The entities responsible for drafting, approving, amending, reviewing, implementing and

evaluation of the territorial programs and plans shall ensure, in respect of the ambit of

intervention, the necessary coordination between the various policies with incidence

territorial and the politics of spatial planning and urbanism, maintaining a

organic and functional structure apt to pursue an effective articulation, cooperation and

concertation in the exercise of the various competences.

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Article 40.

National scope

1-The territorial programmes of national scope define the strategic framework for the

spatial planning and for its integration into the European Union,

establishing the guidelines to be considered at the regional level and the compatibilization of the

sector-wide public policy policies, as well as, to the extent necessary, the

safeguard of values and resources of recognised national interest, in the terms of the

following numbers.

2-The national programme of the spatial planning policy sets out, in

delivery of the European options for territorial development and the framework of

European reference:

a) The strategic choices of organization of the national territory and the model of

territorial structuring taking into account the urban system, infrastructure and the

equipment of collective use of national interest, as well as the areas of

national interest in terms of national defence and public safety, agricultural,

forest, environmental, patrimonial and economic, resource exploitation

geological and the harnessing of renewable energy;

b) The major public investment options, with significant territorial impact,

your priorities and programming, in articulation with the strategies set for the

application of European and national funds.

3-Sectoral programmes establish, in the national framework and in accordance with the policies

sector of the European Union, the territorial incidence of programming or concretion

of public policies of the various sectors of the Central Administration of the State,

in particular, in the areas of defence, public safety, risk prevention,

environment, water resources, conservation of nature and biodiversity, transport,

communications, energy, culture, health, tourism, agriculture, forestry, trade or

industry.

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4-Special programmes constitute a means of intervention by the Government and aim at

pursuit of goals deemed indispensable to the tutelage of public interests and

of resources of national relevance with territorial repercussion, establishing

exclusively regimens of safeguarding resources and natural values, through

measures that establish permitted, conditioned, or interspoken actions depending on the

objectives of each program, prevailing over the territorial plans of scope

intermunicipal and municipal.

5-Special programmes comprise the programmes of the coastal orla, programmes of the

protected areas, public water albufairs programs and the programs of the

estuaries.

Article 41.

Regional scope

1-Regional programmes establish:

a) The strategic organisational options of regional territory and the model respect

of territorial structuring, taking into account the urban system, infrastructure and

the equipment of collective use of regional interest, as well as the areas of

regional interest in agricultural, forestry, environmental, ecological and

economic, integrating the national networks of infrastructure, mobility and

collective use equipment with regional expression;

b) The major public investment options, with significant territorial impact,

your priorities and programming, in articulation with the strategies set for the

application of European and national funds.

2-Regional programmes constitute the strategic reference framework for drafting

of territorial plans of inter-municipal and municipal scope.

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Article 42.

Intercity scope

1-The intercity programme is of optional elaboration and covers two or more

territorially contiguous municipalities.

2-The intercity programme ensures the articulation between the regional programme and the plans

territorial or municipal scope, in the case of areas which by the

structural or functional interdependence or by the existence of homogeneous areas of

risk, require an integrated planning action.

3-The intercity program establishes the strategic options of organizing the

inter-municipal and public investment territory, their priorities and programming, in

articulation with the strategies set out in the territorial programmes of national scope,

sectoral and regional, setting out guidelines for territorial plans of scope

intercity or municipal.

4-The territorial plans of inter-municipal scope are the intermunicipal director plan, the

inter-municipal urbanization plan and the intercity detail plan.

5-The intermunicipal director plan establishes, in a coordinated manner, the strategy of

intermunicipal territorial development, the intermunicipal territorial model, the

location options and management of local public use equipment and the

relations of interdependence between two or more territorially contiguous municipalities, and

their approval waives the elaboration of municipal directors ' plans, replacing them.

6-Urbanization plans and intermunicipal detail plans cover part of the

contiguish territory of the concelhos to which they respect.

7-A The existence of an intercity plan is without prejudice to the right of each municipality to manage

autonomously its territory, in accordance with the envisaged in that plan.

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Article 43.

Municipal scope

1-The territorial plans of municipal scope establish, pursuant to the Constitution and the

law, in accordance with the strategic guidelines of regional scope, and with own options

of local strategic development, the land use regime and the respect execution and

programming.

2-The territorial plans of municipal scope are the municipal director plan, the plan of

urbanisation and the plan of detail.

3-The municipal director plan is of mandatory drafting, unless there is a master plan

inter-municipal, and establishes, inter alia, the strategy of territorial development

municipal, the municipal territorial model, the location and management options of

collective use equipment and the interdependence relations with the

neighbouring municipalities.

4-The urbanization plan develops and concretizes the municipal director plan and structure a

occupation of the soil and its harnessing, defining the location of the infrastructure and

of the main collective equipment.

5-The detail plan develops and concretizes the municipal director plan, setting out the

implantation and the volumetric of the buildings, the shape and organization of the spaces of

collective use and the profiling of infrastructure.

Article 44.

Relations between programs and territorial plans

1-The national programme of spatial planning policy, sectoral programmes and the

special programs pursue goals of national interest and establish the

principles and the guiding rules of the discipline to be defined by the regional programs.

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2-Regional programs pursue the goals of regional interest and respect the

willing in the territorial programmes of national scope.

3-The territorial plans of intermunicipal and municipal scope should develop and

to realize the guidelines set out in the preexisting territorial programmes of scope

national or regional, with which they are to be compatibilized.

4-Municipal territorial plans must still meet the defined guidelines

in the preexisting intermunicipal programs.

5-A The existence of a master plan, of an urbanization plan or a plan of

details of inter-municipal scope excludes the possibility of existence, at the level

municipal, of territorial plans of the same type, in the area by them covered, without prejudice

of the rules relating to the dynamics of territorial plans.

6-Where a territorial programme of national or regional scope enters into force, it is

compulsory the amendment or update of territorial plans of intercity scope and

municipal, which with it are not compatible, in the terms of the law.

7-The programme or the subsequent territorial plan evaluates and weighs the rules of the programmes or

preexisting plans or in preparation, expressly identifying the standards

incompatible to change or to repeal in the terms of law.

Article 45.

Articulation of programs and territorial plans with the planning plans of

maritime space

1-The programmes and the territorial plans ensure the respective articulation and

compatibilty with the national maritime space planning plans, always

that focus on the same area or on areas that, by structural interdependence or

functional of its elements, require an integrated coordination of

planning.

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2-A articulation and the compatibilization of the programmes and territorial plans with the plans

of national maritime spatial planning are made under the law.

Article 46.

Linking

1-The territorial programs link the public entities.

2-The territorial plans of intermunicipal and municipal scope link the entities

public and still, directly and immediately, the private individuals.

3-The provisions of the number one of this article shall be without prejudice to direct binding and

immediate from private individuals with respect to legal or regulatory standards in respect of

forest resources.

4-The territorial programs that pursue objectives of national or regional interest, whose

content, as a function of its territorial urbanistic incidence should be verted in plan

inter-municipal or municipal director, establish, ears the association of municipalities

or the municipalities covered, the deadline for updating this plan and indicate

expressly the standards to be amended, under the law.

5-Fishing the deadline set in the terms of the preceding paragraph, if the association of

municipalities or the municipality has not proceeded to the said update, suspending them

standards of the inter-municipal or municipal territorial plan that should have been changed,

it may not, in the area covered, be place for the practice of any acts or operations

that imply the alteration of the use of the soil, while lasting the suspension.

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6-Without prejudice to other penalties provided for in the Act, the lack of initiative, by

association of municipalities or municipality, tendant to trigger the procedure of

update of the inter-municipal or municipal director plan referred to in the previous number,

as well as the delay of the same update by fact attributable to the said entities,

implies, in the terms and conditions to be established in development legislation of the

bases approved by this Law, the rejection of applications from projects to benefits or

grants awarded by national or community entities or public services,

as well as the non-celebration of contracts-program, up to the regularization of the situation, without

injury of other penalties provided for in special law.

Article 47.

Contractuation of planning

1-A elaboration, amendment and review of territorial plans of inter-municipal scope or

municipal may be preceded, under the law, from the conclusion of contracts to

planning among municipal associations, local authorities and stakeholders.

2-A contrupdate provided for in the preceding paragraph shall be without prejudice to the exercise of powers

planning public, the procedural guarantees of intervention by others

public or stakeholder entities, nor the observance of the

applicable legal and regulatory provisions.

CHAPTER II

Training and dynamics of territorial programmes and plans

Article 48.

Drafting and approval

1-The national programme of the spatial planning policy is drawn up by the

Government and passed by law of the Assembly of the Republic.

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2-Regional planning programmes of the territory are drawn up and approved by the

Government, under coordination of the member responsible for the area of planning

territory.

3-Special and sectoral programmes are drawn up and approved by the Government, under

coordination of the member responsible for the area whose public interest is tuteled in the

programme in the main title, in articulation with the member of the Government responsible for

area of spatial planning.

4-Intercity-level territorial programs and plans are drawn up by the

municipal chambers of the associated municipalities for the purpose or the executive board

of the association of municipalities and are approved, respectively, by the assemblies

municipal stakeholders or by the inter-municipal assembly.

5-The territorial plans of municipal scope are drawn up by the city hall and

approved by the municipal assembly.

Article 49.

Information and participation

The procedure for drafting, amending or revising the territorial programmes and plans

assures individuals the general guarantees that the law confers on them, namely, the

information and the means of effective public participation, as well as the right of presentation

of observations and suggestions to the entity responsible for its drafting and consultation of the

respect process, in the terms of law.

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Article 50.

Dynamics

The territorial programs and plans may be the object of review, alteration, suspension or

repeal, in the reason of the evolution or reweighting of economic, social conditions,

cultural and environmental underlying its elaboration, on the grounds of report of

assessment to be drawn up pursuant to the law.

Article 51.

Ratification of territorial plans of intermunicipal and municipal scope

1-A ratification by the Government of the intercity director plan or the master plan

municipal is excecional, occurring in the situations in which, in the context of the respect

procedure for drafting and approval, be raised by the association of municipalities

or by the municipality its incompatibility with special, regional or sectoral program.

2-A ratification by the Government of the intercity director plan or the master plan

municipal has as an effect the revocation or amendment of the regional program standards

or sectoral incompatible with the ratified municipal or intermunicipal options.

3-A ratification by the Government of the intercity director plan or the master plan

municipal can be full or partial, taking advantage of only the object of ratification.

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CHAPTER III

Preventive measures and interim standards

Article 52.

Preventive measures

1-The associations of municipalities and local authorities may, by the maximum period to be defined

in law, establish the preventive measures necessary to prevent the alteration of the

existing factual circumstances in a particular area of the territory, so as to ensure

freedom in the elaboration of programs and territorial plans of inter-municipal scope or

municipal to it relative, and prevent your execution from being compromised or become

excessively onerous.

2-To safeguard excecional situations of recognized national or regional interest or

guarantee the drafting of the special programmes, the Government can establish measures

preventive designed to avoid changing circumstances and existing conditions

that could compromise the respect execution or make it more onerous.

3-A adoption of preventive measures by reason of review or alteration of a plan

territorial or municipal or municipal scope, or for safeguarding situations

excecional of recognized national or regional interest and guarantee of elaboration

special programmes, determines the suspension of the effectiveness of this in the area covered by

those measures and, still, when it is so determined in the act that adopts them, the

suspension of the remaining programs and plans in place in the same area.

4-A The adoption of preventive measures gives way to compensation, under the law.

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Article 53.

Provisional standards

1-When the state of development of the drafting procedure, revision or

amendment of a territorial plan of inter-city or municipal scope to allow it,

may be adopted, by the maximum period and procedure to be defined in law, standards

provisional that set out the land use regime transiently applicable to a

certain area of the territory and prove necessary for the safeguarding of those

interests.

2-There can only be place to the adoption of provisional standards when the procedure of

elaboration or revision of the inter-municipal director plan or the municipal director plan that

substitutes the replacement meet in advanced state of elaboration that allows adoption

grounded in specific regulatory rules.

3-A The adoption of provisional standards is preceded by the opinions of the entities of the

Public Administration with specific expertise and public discussion, in the terms

applicable to the territorial plan of inter-municipal or municipal scope to which they respect.

4-Interim standards shall lapse with the entry into force of the territorial plan of scope

intercity or municipal for the area in question.

5-A The adoption of interim standards may give way to compensation when these result

sacrifice of preexisting and legally consolidated rights, under the law.

CHAPTER IV

Implementation of the programmes and territorial plans

Article 54.

Public programming of the implementation

1-A The promotion of the implementation of the territorial programmes and plans is a public task,

by cabling to the State, Autonomous Regions or local authorities to their programming and

coordination.

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2-The programming tools are defined in the terms of the law and follow the scheme

in it predicted.

3-Private individuals have a duty to concretize and appropriate their claims to the goals and

priorities defined in the territorial and municipal framework plans and in the

respects instruments of programming, notably through contractuation,

under the terms in law.

Article 55.

Systematic and non-systematic execution

1-A The systematic implementation consists of the realization, upon municipal programming, of

integrated urban planning operations, with a view to transformation, rehabilitation or

ordered regeneration of the territory covered.

2-A non-systematic execution is effected without a need for prior delimitation of

execution units, through urban planning operations to be carried out in the terms of the

law.

3-A The systematic implementation of the territorial plans of intermunicipal or municipal scope is

realized through integrated urban policies, inter alia, by means of

acquisition or provision of land, fun-processing operations and

forms of partnership or contractualization that encourage the concertation of the various

interests in presence, within the framework of enforcement units bounded in the terms of the

law.

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Article 56.

Schedule of execution

1-The territorial programs and plans establish the schedule of the respect execution, the

which one should contain, depending on the type of plan or program to be performed:

a) The explicitation of the objective respects and the identification of the interventions

considered strategic or structuring;

b) The description and estimation of the individual costs and the overall stock

provided as well as of the respective deadlines for implementation;

c) The weighting of respect for environmental and social sustainability, of viability

legal-fundials and the economic-financial sustainability of the respects

proposals;

d) The definition of the means, of the subjects responsible for the financing of the implementation

and of the remaining agents to involve;

e) The estimation of the public investment capacity relative to the proposals of the plan

territorial in question, taking into account the costs of its implementation.

2-The elements referred to in the preceding paragraph autonomously integrate the programme

of implementation and the financing plan of the territorial programs and plans.

3-A The schedule of the implementation of the programs and territorial plans establishes the actions

in order to implement it, defines the mode and deadlines in which they are processed and

identifies those responsible for the execution and respect responsibilities.

4-Are programming instruments, specifically, the implementing units and the

urban rehabilitation operations delimited by the city hall on the terms

provided for in the law.

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5-A The programming of territorial plans of inter-municipal or municipal scope is

compulsorily entered in the activities plans and municipal budgets, nos

terms and conditions provided for in the law.

Article 57.

Monitoring and evaluation

1-All programs and territorial plans must define parameters and indicators that

allow to monitor the respective strategy, objectives and results of its implementation.

2-The State, Autonomous Regions and local authorities collect the said information

in the preceding paragraph and promote the elaboration of the respected reports of implementation,

as well as the normalization of data sources and common indicators, in the time frame and

conditions to be defined in the law.

3-A The information referred to in the preceding paragraph is made publicly available, through the

appropriate computer media and to promote interoperability and articulation to

national, regional and local level.

4-A The need for the amendment, revision or revocation of a program or territorial plan

is grounded in the respect of the execution report.

Title IV

Urban planning operations

Article 58.

Administrative control of urban planning operations

1-The administrative control of urban planning operations is intended to ensure the

compliance of urban planning operations with legal and regulatory provisions

applicable and to prevent the dangers or damage that from your realization may result in the

public health and safety of people and property, as well as to ensure an effective

accountability of legally qualified technicians and responsible private individuals

for the possible damage caused by such operations.

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2-A The realization of urbanistic operations depends on prior control linked to the

safeguarding of public interests in presence and the stable and unequivocal definition of the

legal situation of the interested.

3-When the conditions of realization of the urbanistic operation meet

sufficiently defined, specifically by plan of detail, the implementation of the

urbanistic operation may depend on the mere absence of express rejection of the pretension

presented, at the time of decision.

4-A The realization of any urban planning operations is subject to successive control,

regardless of their subjection to prior control.

5-When the safeguarding of the public interests in question is compatible with the existence

of a mere successive control, specifically, mindful of its minor relevance and the

enhancement of the proponent's accountability, urban planning operations can, by

provision of legal provision, be exempted or waived from prior control.

6-A The law establishes mechanisms that ensure the effective accountability of the diverse

actors in the processes of urbanization and construction, as well as guarantee of the

quality.

7-Without prejudice to other types of liability or sanction schemes provided for in the

law, the State and the Autonomous Regions may determine guardia's measures of legality

in any actions or urbanistic operations carried out in disregard of the law

or with norms of territorial plans aimed at realizing programs of interest

national or regional.

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Article 59.

Regularization of urban planning operations

1-A The law establishes an excecional procedure for the regularization of operations

urbanities carried out without the prior control to which they were subject as well as to the

termination of unfinished or abandoned urbanistic operations by their

promoters.

2-A The regularization of urban planning operations does not waiver the application of sanctions and

tutelage measures of urbanistic legality as well as compliance with the plans

inter-municipal and municipal and too much legal and regulatory standards in force at the date

in which they take place, in respect of the principles of equality, proportionality,

of justice and good faith.

3-Without prejudice to the provisions of the preceding paragraph, the law may dispense with compliance with

requirements for legality concerning construction whose application has become impossible

or that it is unreasonable to require, ensuring compliance with the requirements reached to the

public health and the safety of people and property.

Article 60.

Use and conservation of the edified

1-The edifices must respect the conditions of safety, salubrity and aesthetics

necessary to the end they are intended for.

2-Owners have a duty to maintain existing edifices in good condition of

use, carrying out the conservation works or other nature that is revealed

indispensable to that purpose, in the terms of the law.

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Article 61.

Rehabilitation and regeneration

1-Public policies and territorial programs and plans should promote rehabilitation,

regeneration and proper use of rustic or urban territorial areas, as well as

of soil that is not being harnessed or with obsolete use.

2-A rehabilitation is the form of integrated territorial intervention that aims at the valorisation of the

physical support of a territory, through the realization of reconstruction works,

recovery, beneficiation, renewal and modernization of the edited, infrastructure,

of the support services and natural systems, as well as of correction of liabilities

environmental or landscape enhancement.

3-A regeneration is the form of integrated territorial intervention that combines actions of

rehabilitation with demolition and new construction works and with appropriate measures of

economic, social and cultural revitalization and strengthening of cohesion and potential

territorial.

Title V

Economic and financial regime

CHAPTER I

Financing of urban infrastructure

Article 62.

General principles

1-A implementation of urbanistic infrastructure and collective use equipment by the

State, by the Autonomous Regions and by local authorities comply with the criteria of

efficiency and financial sustainability, without prejudice to territorial cohesion.

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2-For the purposes of the previous number, any decision to create infrastructure

urbanities is preceded by the demonstration of its economic interest and the

financial sustainability of the respective operation, including the conservation charges,

justified by the competent entity in the framework of national, regional or

intercity.

3-The municipalities will compulsorily draw up an urbanistic funding programme

that integrates the multiannual programme of municipal investments in the implementation, in the

maintenance and enhancement of infrastructure and the forecast of urban management costs and

explicitly identifies the sources of funding for each of the

anticipated appointments.

4-Tax instruments may have differential tax rates depending on the

costs of the territorial infrastructure made available, respect for use and options

of incentive or disincentive justified by environmental objectives and planning

territory.

Article 63.

Taxation of real estate

1-A The taxation of urban property heritage respects the principle of equivalence or

of the benefit, attending to the investment held in housing with social purposes,

territorial infrastructure, collective use equipment, regeneration actions,

rehabilitation and urban renewal, preservation and environmental qualification, which benefit the

socio-economic development of populations, under the Constitution and the law.

2-A The taxation of rustic real estate respects the principle of capacity

contributor, taking into account the fundiary yield arising from a

efficient use of soil and promoting the effective harnessing of the same.

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CHAPTER II

Equitable instruments

Article 64.

Redistribution of benefits and charges

1-All systematic and non-systematic urban planning operations are subject to the scheme

economic-financial regulated in the terms of the law and the following articles.

2-The territorial plans of inter-municipal or municipal scope contain instruments of

equitable redistribution of benefits and burdens of them resulting.

3-A redistribution of benefits and charges to be effective in the framework of the territorial plans of

inter-municipal or municipal scope take by reference operative units of

planning and management, as well as implementing units considering the overall

territory by them covered.

4-A redistribution of benefits and charges to be effective under the terms of the previous number,

applies to all systematic and non-systematic urban planning operations that occur

in the territory concerned, concretizing the affectation of the most-valuable arising out of the plan or

of administrative act.

5-A redistribution of benefits and charges to be effective in the framework of enforcement units

or of other programming instruments determines the distribution of the benefits and

charges for the set of the relevant respects, in the terms and conditions to be defined

in the law.

6-For the purposes of the provisions of the preceding paragraphs, the territorial plans of scope

inter-municipal or municipal grounded in the process of forming the most-valuable

funnals and define the criteria for their parameterization and redistribution.

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7-A law may still establish mechanisms for distribution of charges and benefits

intended to compensate for the costs arising from the protection of general interests,

notably, the safeguarding of cultural heritage, the valorisation of biodiversity or

of the protection of ecosystems.

Article 65.

Goals of redistribution of benefits and charges

The redistribution of benefits and charges takes into consideration the following objectives:

a) Guarantee of equal treatment with respect to benefits and charges

arising from territorial plan of inter-city or municipal scope;

b) Provision of land and buildings to the municipality for implementation,

installation or renovation of infrastructure, equipment, green spaces and other

collective use spaces, as well as for compensation from private individuals in the

situations in which this is necessary;

c) Guarantee of equal treatment in respect of benefits and charges in the

scope of a unit of implementation of a territorial plan of scope

intercity or municipal.

Article 66.

Types of redistribution of benefits and charges

They constitute types of redistribution of benefits and charges:

a) Social affectation of more-valuable general assets assigned by the territorial plan of scope

intermunicipal or municipal;

b) Distribution of benefits and charges arising from the territorial plan of scope

inter-municipal or municipal among the fundials;

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c) Contribution with areas for the implementation, installation and renovation of

infrastructure, equipment, green spaces and other spaces of use

collective.

CHAPTER III

Evaluation

Article 67.

Scope of application

1-The provisions of this Chapter shall apply to the assessment of the soil, the installations, the

constructions, buildings and other benfeits, as well as legally rights

constituted on or in connection with the soil and benfeits it supports.

2-A evaluation, in the terms of the preceding paragraph, has per object the determination:

a) Of the fundiary value for the purposes of implementing the territorial plans of scope

intermunicipal or municipal, in the absence of agreement among those concerned;

b) From the price to be paid to the owner on the sale or the forced leasing, in the

terms of the law.

Article 68.

Value of soil

The value of the soil obtains through the application of economic regulation mechanisms-

financial, to be defined in accordance with the law, taking into account the public policy of soils, of the

spatial planning and urbanism, which include, specifically, redistribution

of benefits and charges arising from territorial plans of an intercity scope or

municipal, in the terms of the law.

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Article 69.

General criteria for the assessment of soil

1-The soil is evaluated by the most appropriate evaluation method, taking into consideration the

your concrete situation.

2-A The soil assessment is done according to the comparative methods of values of

market, of capitalization of income or cost of reposition, to be defined in law.

3-A The evaluation of the buildings takes into account the state's respective state of conservation.

4-For the purposes of the provisions of this Article, no potential values are considered

corresponding to expectations arising from the use of soil or the use of

buildings set out in the territorial plans of inter-municipal or municipal scope with

the purpose of increasing the respect value.

Article 70.

Evaluation of rustic soil

1-The rustic soil is assessed by capitalizing on annual, multiannual, real income,

current or potential of exploitation.

2-The potential yield is calculated by meeting the income arising from the use, of the

fruition or the exploitation of land using the technical means leading to the

use of the most efficient soil.

3-Benefits and plantations are evaluated independently in relation to the soil,

upon application of assessment differentiating criteria that meet the respect

compliance with the law, programs and applicable territorial plans or mechanisms

of prior or successive control of urban planning operations.

4-The benfeits and plantations, when evaluated independently from the soil, are

valued by the method of the depreciated repose cost at the time to which the

assessment respects.

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Article 71.

Assessment of urban soil

1-Urban soil is assessed considering the joint value of the soil and the benfeits in it

carried out, in the terms of the law.

2-A The assessment of urban soil meets:

a) To the value corresponding to the harness or concrete edificity

set out by the applicable plan or, in its absence, to the value regarding the

medium edificity defined in the territorial plan of intercity scope or

municipal, deduced the average ceding values by perequative pathway, in the

legal terms.

b) To the value of the existing edified, deducted the costs of your rehabilitation, well

how, when that is the case, the value of the duties and obligations set out

for realization of the concrete edificity provided for in the territorial plan of scope

intercity or municipal.

3-Benefits are evaluated independently in relation to the soil by

application of assessment differentiating criteria that meet the respect

compliance with applicable law, programs and territorial plans or mechanisms of

prior or successive control of urban planning operations.

CHAPTER IV

Evaluation of programs and territorial plans

Article 72.

Report on the state of the soil, land use planning and urbanism

The Government presents to the Assembly of the Republic, every two years, a report on

the state of the programs and territorial plans, in which the evaluation of the program is made

national land-use planning and are discussed the guiding principles and the

forms of articulation of sectoral and regional policies with territorial incidence.

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Article 73.

Monitoring of soil policy, land use planning and

urbanism

1-A The law establishes forms of permanent monitoring and technical evaluation of the

territorial management and provides for mechanisms that guarantee the efficiency of the instruments that the

concretize.

2-A The law further establishes the creation of a national system of territorial information that

allow the provision of data informatics on the territory, articulated to the levels

national, regional and local.

Title VI

Advertising and registration

Article 74.

Publication and publicitation

All programs and territorial plans are published in Journal of the Republic,

accompanied by the respected act of approval, and advertised in the National System of

Territorial Information.

Article 75.

System of information

1-The State, Autonomous Regions and local authorities shall, legally

established, make available in the respect of the Internet site the administrative information

on the pursuit of its assignments in land use, planning

territory and urbanism, without prejudice to the exercise of the general right to information,

safeguarding the necessary reservation in the face of the interests of national defence and security

public.

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2-It is mandatory, under the terms and conditions provided for in the law, the provision of information

on:

a) Administrative regulations and programs and territorial plans, including the whole

documentary content of these;

b) Tramping of the training and dynamic procedures of programmes and plans

territorial;

c) Decisions relating to the scheduling of the implementation of the territorial plans;

d) Tramping of the procedures for the prior control of urban planning operations;

e) Final decisions on the prior control procedures referred to in para.

previous;

f) Contracts concluded with the State, Autonomous Regions and local authorities

or with private individuals;

g) Reports on the implementation of territorial programmes and plans and on the

urbanistic operations carried out.

h) Actions of supervision of activities of use, occupation and transformation of the soil.

Title VII

Transitional and final provisions

Article 76.

Predial registration, matrix and cadastral enrollment

They are subject to predial registration, matrix enrollment, as well as georreferration and

enrollment in the predial enrollment, the facts that affect real rights concerning a particular

real estate or impose a burden on us, under the law.

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Article 77.

National programme of spatial planning policy

The national programme of the spatial planning policy, passed by the Law

n ° 58/2007 of September 4, it remains in force until its amendment or revision.

Article 78.

Special plans

1-The content of the special planning plans in force shall be

verted, in the terms of the law, in the inter-city or municipal director plan, at the deadline

maximum of three years, from the date of entry into force of this Law.

2-Compete to the regional coordination and development committees, with the support of the

entities responsible for the drafting of the special planning plans

territory in force and of the associations of municipalities and municipalities covered by those,

the identification, within one year of the date of the entry into force of this Law,

of the standards relating to the regimes of safeguarding territorial resources and natural values

directly binding of private individuals that should be integrated into a director plan

intercity or municipal.

3-The standards identified by the regional coordination and development committees

under the terms of the preceding paragraph, are communicated to the association of municipalities or

Municipality concerned, for the purpose of updating the intercity director plan or

municipal, the provisions of paragraphs 4 and 5 of Article 46, being applicable.

4-Fishing the deadline set out in paragraph 1, the special plans continue to invigorate but leave from

binding directly and immediately the private individuals, without prejudice to the provisions of paragraphs 4 and 5

of Article 46.

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Article 79.

Regional planning plans of the territory

The regional planning plans of the territory approved under the Decree-Law

n ° 380/99 of September 22, remain in force until their amendment or revision.

Article 80.

Instruments of territorial management

All the current territorial management instruments must be reconducted, in the framework of the

planning system established by this Act and within the period and conditions to be established

in complementary legislation, to the type of program or territorial plan that proves to be

appropriate to the specific scope of application.

Article 81.

Supplementary legislation

Within six months of the date of the entry into force of this Law are approved

the supplementary legal diplomas taking the legal regime of the instruments of

territorial management, the legal regime of urbanization and edification and the regime applicable to the

cadastral register and respect regulatory diplomas.

Article 82.

Transient standard

1-A This Law applies to procedures already initiated at the date of its entry into force,

without prejudice to the safeguarding of the acts already practiced and the provisions of the following numbers.

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2-The rules relating to the classification of soils provided for in this Law shall apply to the

procedures for drafting, amending or revising territorial plans of scope

inter-municipal or municipal, covered by the respective material scope of application,

if they start from the date of their entry into force, without prejudice to the provisions of the

the following number.

3-Land which, at the date of the entry into force of this Law, is classified as

urban soil and whose urbanization is set to be programmed, hold this classification until

to the expiry of the period of implementation of the urbanization works that has been established.

4-Land which, at the date of the entry into force of this Law, is classified as

urban soil, without the respect of urbanization to find itself programmed or without it having

been established deadline for the implementation of the urbanization works, maintain the classification

as urban soil provided that, up to the date of the beginning of the drafting procedure,

amendment or revision of the applicable intermunicipal or municipal territorial plan,

new programming shall be adopted in accordance with the regime established in this Law and

in the respect of supplementary legislation.

Article 83.

Abrogation standard

They are revoked:

a) The Act No. 48/98 of August 11, amended by Law No. 54/2007 of August 31;

b) The Decree-Law No. 794/76 of November 5, amended by the Decrees-Laws

n. ºs 313/80, August 19, 400/84, of December 31, and 307/2009, of 23 of

October;

c) The Decree-Law No. 152/82 of May 3, as amended by Decree-Law No. 210/83, of

May 23.

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Article 84.

Start of term

This Law shall enter into force on the date of the entry into force of the diplomas taking effect of the

legal regime of the territorial management instruments and the legal regime of urbanization and

edification.

Seen and approved in Council of Ministers of October 3, 2013

The Prime Minister

The Minister of the Presidency and Parliamentary Affairs