Urban Planning Simplex

• Published date: 29 January 2024
• Subject Matter: Real Estate and Construction, Construction & Planning, Real Estate
• Law Firm: PLMJ
• Author: Mr PLMJ

1. Background

Included in the Mais Habitaç'o (More Housing) package, Decree-Law 10/2024 was published on 8 January to reform and simplify town and country planning procedures and certain related matters (SIMPLEX).

In this context, several pieces of legislation have been amended, such as the Legal Framework for Urban Development and Construction (RJUE), the General Regulations for Urban Buildings (RGEU ¹), the Legal Framework for Territorial Management Instruments (RJIGT), the Law on the General Principles of Public Land, Spatial Planning and Urban Planning Policy and the Legal Framework for Urban Rehabilitation.

2. Entry into force and pending processes

The changes introduced by the SIMPLEX apply to all procedures started before its entry into force, with the exception of the formation of tacit consent in urban planning procedures.

The amendments apply to all procedures started before the entry into force of the law.

In general, the law will enter into force on 4 March 2024, although there are amendments that will enter into force on 1 January 2024:

The abolition of the obligation to present the use permit and the residential property technical file when transferring ownership of urban property.

Enlargement of the range of urban development operations considered to be of minor importance and exempt from licensing or prior communication.

Amendments to the RGEU

Reducing the number of situations that require the prior binding opinion of Cultural Heritage or of the Regional Coordination and Development Commissions.

Elimination of the need to obtain the approval of the condominium owners meeting to change the use of autonomous units to residential use.

The following deadlines have also been set:

8 April 2024	Publication in Di'rio da República (the official gazette) of urban planning regulations organised by municipality.
6 January 2025	Issuance of opinions through the Electronic System for Issuing Opinions.
5 January 2026	Start of operation of the Electronic Platform for Urban Planning Procedures.
1 June 2026	Repeal of the RGEU.
1 January 2030	Mandatory submission of architectural plans in accordance with BIM methodology

In this document, we highlight the changes resulting from the SIMPLEX that appear to be of greater practical relevance from the point of view of the implementation of urban development projects ².

3. The types of urban planning procedure

On the basis of simplification of procedures and with a view to administrative speed and...