Draft Law No. 829 /XII/4.

Proceeds to the fifth amendment to Law No. 91/95 of September 2 laying down the excecional regime

for the urbanistic conversion of the urban areas of illegal genesis and defines the terms applicable to the

regularization of urban areas of illegal genesis during the time period in it established

Exhibition of Motives

By unanimous deliberation of the Committee on the Environment, Territory Planning and Local Power of 12 of

February 2014, was constituted the Working Group for the Identification of Legal Conditionals

Existing Regarding the Reconvert Process of Lawful Genesis Urban Areas (AUGI) , for having

understood pivotal that the Assembly of the Republic and the Parts with parliamentary seat contributed

to identify the existing legal constraints regarding the process of reconversion of the areas

urban genesis of illegal genesis-which affect thousands of citizens and their heritage through the creation of

a Working Group with that end, which, in close articulation with the municipalities and their main

representative association, agisse in the sense of afar which motives hinder the reconversion of the

alluded to areas.

This deliberation arises, incidatively, in the cotege with an intense legislative activity on this field,

how are the Law Projects n. 431 /XII/2 th (BE), Extends the period of application of the Act establishing the

excecional regime for the urbanistic conversion of the urban areas of Genesis Icool (AUGI)-4 th amendment

to Law No. 91/95 of September 2 , n. 433 /XII/2 th (PSD/CDS-PP), Proceeds to the fourth amendment to the Law n.

91/95, of September 2, which establishes the Reconvert Process of the Urban Areas Of Genesis Icool , and n.

434 /XII/2 th (PS), Fourth Amendment to Law No. 91/95 of September 2 on the Urban Areas of Génese

Illegal , which gave rise to Law No. 79/2013 of November 26 ( Fourth amendment to Law No. 91/95, 2 of

september, on the process of reconversion of urban areas of illegal genesis ), diploma which, in paragraph 1 of its

article 2 (" Review ") provides that the " (...) the Law No. 91/95 of September 2, shall be revised up to 31 of

december 2014 ".

Such a legal institute further provided that the review should " (...) be preceded by the identification of the

legal constraints existing with respect to the process of reconversion of urban areas of genesis

illegal ", provision to which was not alheious the Working Group set up within the Environment Committee,

Spatial Planning and Local Power.

Of the activity developed in the months in which it has elapsed its functioning, and having present the

input from the numerous entities and personalities contacted, with relevant knowledge and

experience in the field of urbanistic conversion of urban areas of illegal genesis, was possible to

Working Group concludes that:

a) Law No. 91/95 of September 2, came to establish an excecional regime for conversion

urbanistic areas of urban areas, regulating the process of reconversion and administration of the

urban areas of illegal genesis;

b) That Act, and its successive amendments, laid down rules and commitments for the

conversion processes, attentive to the urgent need for their completion;

c) The assessment of its compliance has allowed to affer that the existing legislation does not constitute, in and of itself

same, an obstacle to the development of processes for the conversion of these areas,

responding, as such, to the needs of the Country, notably from public actors and

private;

d) However, the duration of the excecional regime also allowed to note that the same applies

to a complex and unrelated reality, which depends to a large extent on the commitment,

availability and consensus among public and private actors;

e) The weighting of the written consultations to the municipal chambers and the presential hearings to

entities and personalities with relevant knowledge in this field concluded by some

disadjustments of the existing legislation regarding the current reality of urban areas of

illegal genesis, to which it matters to respond;

f) It appeared, thus, as a necessary contribution, in what is transversally consensual to the

Parliamentary Groups involved in the present work:

i. The deepening of the positions of the Municipalities as to the setting of deadlines to finalise

the processes of conversion and for the delimitation of its scope;

ii. The simplification of procedures, particularly of re-delimitation of restrictions and

public utility servitude;

iii. The streamlining of reconversion processes, making them more Celtic;

iv. The articulation of the different legal regimes applicable to buildings and constructions;

v. The prediction of mechanisms that encourage the conversion and completion of the processes,

either of municipal initiative, or of particular initiative;

vi. The prediction of greater accountability for all involved;

vii. The prediction of further monitoring of the existing reality;

viii. The guarantee of further training and information to those interested as to the tramway of the

conversion processes;

ix. The prediction of measures allowing to overcome some difficulties in the framework of

operation of the joint administration bodies;

g) The result of the written hearings and consultations allowed still to affer the existence of another type of

embarrassments, not directly related to the legislation itself, which arise, some

of them, of the current socio-economic background, as are the economic difficulties for

to be involved in the payment of the infrastructure necessary for the regularization of the works of

urbanization;

Having on the basis of the above mentioned acquis, the present Law Project aims to comply with the

recommendations from the Working Group for the Identification of Existing Legal Constraints

On the Reconvert Process of Urban Areas of Legal Génese (AUGI) , materializing

changes to the standards in force that will expedite the process of reconversion of urban areas of genesis

illegal.

In these terms, in the applicable regimental and legal terms, the signatory Deputies present the

next Law Project:

Article 1.

Object

This Law proceeds to the fifth amendment to the excecional regime for the urbanistic conversion of the areas

urban of illegal genesis, approved by Law No. 91/95 of September 2, as amended by Laws No. 165/99,

of September 14, paragraph 64/2003, August 23, para. 10/2008, February 20, and paragraph 79/2013, of 26 of

December and defines the terms applicable to the urbanistic conversion of urban areas of illegal genesis.

Article 2.

Amendment to Law No. 91/95 of September 2

Articles 1, 3, 4, 6, 16, 16, 16, 17, 24, 24.-C, 24., 24, 33, 35, 35, 35, 35, 35, 35, 35, 35, 35.

41, 46º, 50, 51 and 57 of Law No. 91/95 of September 2, as amended by Laws No. 165/99, of 14 of

september, paragraph 64/2003 of August 23, paragraph 10/2008 of February 20, and paragraph 79/2013, 26 of

december, which go on to have the following essay:

" Article 1.

[...]

1-[...].

2-[...].

3-[...].

4-The municipal chambers delimit the perimeter and set, by their initiative, the

modality of conversion of the existing AUGI in the area of the municipality.

5-Without prejudice to the provisions of the preceding paragraph, the municipal chambers

may, on the application of any person concerned, change the procedure and the

modality of conversion, in the terms provided for in Article 35.

6-[ Previous Article No 5 ].

7-[ Previous Article No 6 ].

8-[ Previous Article No 7 ].

Article 3.

[...]

1-[...].

2-[...].

3-[...].

4-They are responsible for the charges with the conversion operation the

holders of the buildings covered by the AUGI, without prejudice to the provisions of the

the following number and the right of return on those of whom hajam

acquired, as to the indebted importances at the time of its acquisition,

saved in the case of express renunciation.

5-The duty of conversion shall compete, still, to the owners of the erected constructions

in the AUGI area, duly participated in the matrix respect, as well as to the

promising-buyers of plots, as long as there has been tradition, the

which responds in solidarity by the payment of the comholdings

due.

6-(previous n. 5).

7-(previous n. 6).

Article 4.

[...]

1-[...]:

a) [...]

b) As a lotement operation or upon a municipal detail plan or

intercity of the initiative of the respective municipal chamber or the chambers

associated municipal for the purpose.

2-The lotements and detail plans provided for in the previous figures

they shall be governed by the provisions of this Law and, secondarily, by the provisions of the

legal regime of urbanization and edification and the legal regime of the

instruments of territorial management.

3-[...].

4-Whenever your current location is inadequate, may the plan referred to

in paragraph 1 to provide for the possibility of the transfer of edificability and the inherent

restoration of the soil from the preexisting location under Article 21 of the

Law No. 31/2014 of May 30.

Article 5.

[...]

1-[...].

2-The areas covered by booking or servitude can be disaffected by the

strict limit of the necessary to the viabilization of the conversion operation, since

that is not put into question the essential content or the end of the reserve or the

servitude, nor does it involve any danger to the safety or health of the people and

goods.

3-[...].

Article 6.

[...]

1-[...]

2-[...].

3-The changes provided for in the preceding paragraph are subject to the procedure

of alteration by adaptation, provided for in the legal regime of the instruments of

territorial management.

4-When parcels that should integrate free of charge the public domain of

deal with the conversion operation are lower than those resulting from the

applicable legal regime there is place for the compensation provided for in Article 4 of the article

44. of the legal regime of urbanization and edification.

Article 7.

Process of legalization of constructions

1-[...].

2-A legalization of constructions, in the context of conversion procedures

of AUGI, observes the procedure laid down in Article 102 of the legal regime

of urbanization and edification, with the specificities foreseen in the figures

following.

3-A legalization is only possible if it is carried out proof of the payment of the

charges due for reconversion attributable to the respect lot.

4-A legalization is possible, even though the standards have not been met

in force at the date on which the work was performed, if the conditions are met

minimum habitability level set at the Portaria No. 243/84 of April 17,

staying the minimum flats referred to in Article 73 of the General Regulation

of urban buildings reduced to half, with the minimum of 1.5 m to the limit

of any contigutic lot.

5-A legalization shall observe the one provided for in the municipal regulations, to which

refers to Article 102-A (7) of the legal regime of urbanization and edification,

concerning the concretization of the procedures and the aspets involving the

formulation of own valuations of the exercise of the administrative function,

notably, to the technical requirements that have become impossible or that not

it is reasonable to demand.

6-For the purposes of the application of Article 102 (5)-A of the legal regime of the

urbanization and edification, it is assumed that construction was carried out on the date of

respects enrollment in the matrix, without prejudice to the claimant being able to illide this

presumption.

7-(previous n. 4).

8-(previous n. 5).

9-The holder of the construction yield entered in the predial matrix has

legitimacy to promote the process of legalization.

10-The process of licensing changes to existing constructions for the

your conformation with the conversion instrument follows, with the necessary

adaptations, the legalization process provided for in the previous figures.

Article 16.

[...]

1-[...].

2-[...].

3-The provisions of the preceding paragraphs shall be without prejudice to the exercise of the right, which

assists any interested or the town hall, to apply for

judicially the removal of the administration committee, under the terms of the

provisions of Article 257 (4) of the Code of Commercial Societies.

Article 16-C

[...]

1-[...].

2-[...].

3-[...].

4-[...].

5-[...].

6-In the indivisa quota penhour for collection of comstake in the

conversion expenses, the notification provided for in Article 781 (1) of the

Code of Civil Procedure is effected by affixing of editais on the property and in the

joint head office or freguish joints and by the publication of announcements on the terms

of the provisions of Article 240 (1) of the same diploma,

7-[...].

8-[...].

Article 17-The

[...]

1-A board of directors may choose to apply for prior information

on the conversion project under the terms provided for in the legal regime of the

urbanization and edification.

2-The request for prior information should be featuring only with the

elements set out in points (a) to (e) of Article 18 (1) and the minutes of the

meeting of the Assembly with the deliberations provided for in points (a) and (b) of paragraph 2

of Article 10.

3-In the absence of any of the elements referred to in the preceding paragraph shall

request to be rejected.

4-[repealed].

5-[...].

Article 18.

Licensing of the loteeing operation

1-Lotting operations in the scope of the conversion of AUGI is subject

to the licensing procedure provided for in the legal regime of urbanization and

edification, with the adaptations provided for in this Law, and is instructed with the

following elements:

a) [...];

b) [...];

c) [...];

d) [...];

e) [...];

f) [...];

g) [...];

2-Following the approval of the lotement and for the purpose of presentation of

prior communication of the urbanization works, are presented in the chamber

municipal the following elements:

a) [...];

b) Budget of the urbanization works and other planned operations and the

map containing the absolute value and the share of comparticipation of each lot in the

costs for the performance of the works and the legal surety under Article 26.

3-[...].

4-[...].

Article 19.

Liminal appreciation

The municipal chamber can, in the seat of liminal appreciation, for one time and in the

period of 15 days from the receiving of the application for leave of the operation of

lotement or the presentation of the prior communication of the works of

urbanization, request the missing instructory elements that are

indispensable to the knowledge of the application and the lack of which may not be

officiously suppressed.

Article 20.

[...]

1-Consultations regarding the loteeing operations are effected in the terms

of Articles 13 to 13-B of the legal regime of urbanization and edification.

2-[repealed].

3-[repealed].

4-[repealed].

5-The opinions of the entities consulted shall be accompanied by a

solution that allows the deferral of the pretension.

6-[repealed].

Article 22.

[...]

1-Within 30 days of the receiving of the application, the city hall may

carry out surveys with the purpose of verialising compliance

of the plant referred to in point (d) of Article 18 (1) with the existing reality

at the AUGI.

2-[...].

3-[...].

4-[...].

Article 24.

[...]

1 -A municipal chamber deliberates on the application for the licensing of the operation

of lotement within 45 days of the receiving of the application.

2-A The municipal chamber can only dismiss the claim in the following cases:

a) [...];

b) [...];

c) [...].

3-[...]:

4-[...].

5-[...].

6-When the proposal for a decision provided for in paragraph 1 is unfavourable, it shall

same being preceded by prior hearing of the committee of directors,

a period of not less than 15 days shall be set.

7-In the case of the proposal for a decision to be favourable, it shall be the deliberation to be object

of public consultation, pursuant to the terms provided for in municipal regulation.

Article 25.

Prior communication of urbanization works

The urbanization works in area covered by loosing operation are

subject to the procedure of prior communication, provided for in the legal regime of the

urbanization and edification, with the adaptations provided for in this Law,

in particular in Article 18 (2) and Article 19.

Article 26.

Comstake in the costs of urbanization works

1-A The prior communication of the urbanization works should define the costs of

execution of the urbanization works and the value of the legal surety, in the terms

defined in municipal regulation.

2-A prior communication shall, still, set the share of comparticipation of each

lot in the costs of carrying out the works and the legal surety.

3-If another criterion is not adopted by municipal regulation, each lot

comparticipates in the totality of the costs referred to in the preceding paragraph

proportion of the area of construction assigned to it in relation to the total area of

construction of private use provided for in the loteeing project.

Article 27.

[...]

1-A-The good execution collateral of the urbanization works is provided in the terms

of the legal regime of urbanization and edification.

2-[repealed].

3-In the absence of the provision of collateral, in the terms of municipal regulation,

it is considered that the surety is provided by first legal mortgage on all

the batches that integrate the AUGI.

4-A legal mortgage is registered officialously in the act of description of the lots

constituted, on the basis of the respective title of the loteeing operation.

5-[...]

6-[...].

7-[...].

Article 28.

Publicity of the deliberation on the application for lotement

The final deliberation on the application for licensing of the loteeing operation

is made public within 15 days by edital to be affixed to the property, in the

seat of the municipality and the joint or joints of freguesia and by advertisement published in

two consecutive days in one of the national dissemination papers.

Article 29.

[...]

1-In the wake of the final deliberation on the application for lotement, the chamber

municipal issues the lotedown allotment in the deadlines and terms provided in the

regime of urbanization and edification.

2-The lotedown allotted shall contain the specifications laid down in the scheme

legal of urbanization and edification and, still:

a) The list of the facts subject to the predial record, namely the legal mortgage, the

benefit of the temporary maintenance provided for in point (a) of paragraph 3 of the article

24. and the burden of non-compensation for demolition provided for in paragraph 5 of the article

7.

b) The absolute value and the share of the comparticipation of each lot in the costs of the

works of urbanization and the surety provided;

c) The value of the urbanization rates whose payment there is deferred to

subsequent time to the respective issue, and this specification shall appear in the

enrolment of the lotion permit in the conservatory of the predial register.

Article 31.

[...]

1-A conversion by municipal initiative through loteeing operation

follows the provisions of Article 7 of the legal regime of urbanization and edification,

with the following specificities:

a) [...];

b) [...];

c) [...].

2-A conversion by municipal initiative through the elaboration of plan of

details follows the scheme provided for in the legal regime of the instruments of

territorial management, owing to the deliberation approving the plan to contain the

elements set out in paragraph (b) of the preceding paragraph.

3-The detail plan approving the conversion may change the master plan

municipal or the plan of urbanization, under the legal regime of the

instruments of territorial management.

4-[...].

5-Showing necessary to proceed to the conversion of a territorial area

integrated into two distinct municipalities, a plan can be drawn up

inter-municipal detail, under the applicable law.

6-(previous n. 5).

Article 33.

[...]

1-[...].

2-The payment of the comholdings in the charges of urbanization by the

interested referred to in Article 9 is ensured in the terms of the Articles

26. and 27.

Article 35.

[...]

1-Any interested party referred to in Article 9 may apply to the chamber

municipal the change of the process or the modality of conversion, owing,

to that end, to present your proposal and the justification.

2-A The municipal chamber appreciates the application within 90 days, fining which if

considers the same undue tacitly.

3-In the cases provided for in this article, the municipal chamber deliberates, on time

provided for in the preceding paragraph after hearing of the committee of directors,

when this is already constituted.

Article 41.

[...]

1-[...]

2-[...].

3-[...].

4-[...].

5-[Revoked].

6-[...].

7-[...]

8-A per-demise replacement, even on date prior to the purposeful of the

action, of the indivisa quota holder of the building that continues as such inscribed on the

predial record follows also the regime in paragraphs 1 and 2 of Article 263 of the Code

of the Civil Procedure and does not determine the suspension of the instance and the nullity of the

subsequent acts.

9-Being joins the autos certificate of the death row seat and if the

heirlooms inheritors do not simultaneously promote their habilitation, it is from

prompt and officiously ordained the edital citation of the uncertain successors of the

departed party, subsequently applying the provisions of paragraphs 2 and following

of Article 355 of the Code of Civil Procedure.

10-If there is contestation, the judge, produced the necessary evidence, profes

soon decision on the issues raised by the application for division, applying

the provisions of Article 294 of the Code of Civil Procedure; of the decision handed down

it's up to appeal, which will subside on the autos itself and with suspensive effect.

11-[...].

12-[...].

13-The process costs are supported by those interested in the proportion of the

your right.

Article 46.

Maintenance of constructions

The municipal assembly, on a proposal from the city hall, may authorize

excecionally the maintenance of constructions that do not fill the

requirements necessary for the legalization of constructions, upon approval of the

municipal regulation.

Article 50.

Execution of the works by the city hall

1-A city hall can promote the realization of the urbanization works

on account of the owners.

2-A execution of the works referred to in the preceding paragraph and the payment of the

expenses supported with them are in the terms of Articles 107 and

108. of the legal regime of urbanization and edification.

3-A The municipal chamber may, still, trigger the surety provided for in Article 27.

Article 51.

Conditioned legalization of private works

1-A The municipal chamber can conditionally legalize the realization of works

private individuals complying with the approved lotement project, provided that the

comholdings due attributable to the parcel if they find themselves in full

satisfied and the provisions of the n are observed. the 2 and following of Article 7.

2-A legalization as regards the present article can only take place when the

applicant invoking and prove the urgent need for own housing and

permanent, to provide the existing construction of conditions of habitability or,

yet, from the exercise of economic activity that it depends on the livelihood of the

your household.

3-[...].

Article 57.

[...]

1-For the purposes of applying this Act, the AUGI shall have the committee

of administration validly constituted until December 31, 2016 and of

title of conversion until June 30, 2021.

2-[...].

3-[...]. "

Article 3.

Addition to Law No. 91/95 of September 2

They are deferred to Law No. 91/95 of September 2, amended by the Laws No. 165/99 of September 14, para.

64/2003 of August 23, paragraph 10/2008 of February 20, and No. 79/2013 of December 26, the articles

7.-A, 56.-A and 57. º-B, with the following essay:

" Article 7.

Legalization of constructions that do not lack a funday-to-day transformation

1-The constructions that are located in plots that do not lack from

fundaily transformation, can be legalized, as long as there are

wastewater and water supply infrastructure and sanitation and be

ensured the payment of the party that is up to them in the charges with the

infrastructures to be implemented or implemented within the framework of the AUGI.

2-A The definition of the comparticipation due in the infrastructure charges

is carried out by the municipal chamber, within the framework of the general costs provided for in the

process for the conversion of AUGI.

3-For the purposes of the preceding paragraph and before the deferrous of the application for

legalization, the applicant must celebrate with the city hall, contract

on the fulfilment of the obligations assumed and provide adequate collateral,

applying, with the necessary adaptations, the provisions of Article 25 of the

legal regime of urbanization and edification.

Article 56-The

Training plan

1-A Directorate General of the Territory, in articulation with the committees of

regional coordination and development and the National Association of the

Portuguese Municipalities, promotes a training plan for employees

in public functions of the central administration of the State and local authorities,

with a view to ensuring the uniform application of the legal provisions reaching the

urbanistic conversion of areas of illegal genesis.

2-The training plan referred to in the preceding paragraph aims to empower technicians

with direct intervention in the processes of urban reconversion of areas of

illegal genesis, and, as well, to promote the dissemination of good practices for the

speedy resolution of these processes.

Article 57-B

Information on the processes of conversion

1-Based on the information made available by municipalities, on the terms

provided for in this Law, the updated predial enrollment shall be drawn up,

corresponding to the initial and final situations of each conversion operation,

under the terms of the legal regime of the predial enrollment.

2-With a view to the enunciation and elaboration of appropriate measures to the conclusion of the

respects processes, the municipality elaborates, within one year after the date of

entry into force of this Law, a rigorous and exhaustive lifting of the

reconversion processes still ongoing, which should be communicated to the

Directorate General of the Territory and the coordination and development commission

regional respect. "

Article 4.

Repeal

Article 17 (4), paragraph 4, 4, 4 and 6 of Article 20, paragraphs 2 a to 7 of Article 25, paragraph 2 of Article 25 of the Article 25

Article 27, paragraphs 2 a to 4 of Article 28, Article 41 (5), and Article 46 (2) of Law No 91/95 of 2 of

september, amended by the Laws No. 165/99 of September 14, para. 64/2003, August 23, para. 10/2008,

of February 20, and paragraph 79/2013, of December 26.

Article 5.

Republication

1-It is republished, in annex, Law No. 91/95 of September 2, with the current essay.

2-For the purpose of republishing:

a) Where to read " Decree-Law No. 555/99 of December 16, with the wording given to it by the Law n.

60/2007, of September 4 " must read " legal regime of urbanization and edification ";

b) Where to read " Decree-Law No. 380/99 of September 22, with the essay given to it by the Decree-

Law No. 316/2007 of September 19 " must read " legal regime of management instruments

territorial ";

c) Where to read " Directorate General for Territory Planning and Urban Development " should read it

" Directorate General of the Territory ";

d) Where to read " municipal planning plans for spatial planning " or " PMOT " must read " plans

territorial ";

e) Where to read " license for use " must read " authorization to use ";

f) Where to read " National Institute of Housing (INH) " must read " Institute of Housing and Rehabilitation

Urban (IHRU) ".

Article 6.

Entry into force

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

Palace of Saint Benedict, March 20, 2015

The Deputies of the Parliamentary Groups of the PSD, the PS and the CDS-PP,

António Prôa Euridice Pereira Lino Ramos

Peter of the O Ramos Mota Andrade Pedro Morais Soares

Jorge Paulo Oliveira Pedro Farmhouse

Bruno Coimbra Jorge Manuel Gonçalves

Emilia Santos Miguel Coelho

Angela Guerra Ramos Black

Bruno Vitorino Renato Sampaio

Carlos Santos Silva

Fernando Marques

Mário Magalhães

Maurício Marques