Decree-Law No. 108/2026, dated May 29, which revises the Legal Framework for Urban Planning and Construction (RJUE), was published in the Official Gazette. With this legislative amendment, “the Government is removing obstacles to construction and renovation, creating better conditions to increase the housing supply, stimulate investment, and provide a swifter response to the country’s needs.”
This publication follows the legislative authorization granted by the Assembly of the Republic. The new regime in question introduces simplification measures, “with the aim of making processes simpler, faster, more predictable, and more efficient for citizens, businesses, and municipalities,” according to a statement issued by the Ministry of Infrastructure and Housing.
The ministry highlights among the main changes “the streamlining of prior notification, the reduction of administrative steps, the simplification of procedures, and the acceleration of the processing timeline.”
One of the new features is that it will be possible to obtain the urban planning permit on the very first day. The application forms will incorporate the urban planning permit and include a summary of the urban planning project. In addition, the applicant will no longer be dependent on the Public Administration for obtaining the permit and paying fees.
Prior notification should be clearer and more predictable. The applicant notifies, pays, reports, and executes the project. The approval phase is eliminated, and the applicant is no longer dependent on the Public Administration’s response. The period for subsequent monitoring is reduced to just one year.
New deadlines are also established, considered “more consistent” and tailored to the complexity of urban development projects, with shorter timeframes for final decisions. External opinions not related to location will be submitted upon request, and the number of preliminary hearings and project amendments is limited.
With regard to the Request for Preliminary Information (PIP), requirements are defined for the Simplified PIP, and the review process for the Qualified PIP is strengthened, “ensuring higher quality in the execution of urban development projects through the use of exemptions.” The informative nature of the PIP is clarified, and the deadlines are aligned with those for licensing.
To establish more consistent concepts, the definition of reconstruction work is revised, with reference to the restoration of the last valid predecessor.
Under this scheme, the Government aims to encourage the development of public housing and affordable housing (HCC) by establishing that amendments to subdivision permits may be approved by simple resolution when 10% of the units per lot are designated for HCC, provided there is no change to the gross floor area, building volume, or site area. A deduction is also established for areas allocated to Public Housing and HCC when lots designated for that purpose are provided, and the projected gross floor area for Public Housing and HCC does not affect the building density index for private development.
The scope of urban development projects promoted by the Public Administration and for public interest purposes is expanded by extending the exemption regime from licensing, prior notification, or prior notification with a deadline to urban development projects for public interest purposes, and by broadening the types of urban development projects promoted by housing cooperatives and other private entities for housing and complementary uses.
Furthermore, oversight is strengthened with the possibility of expanding dedicated teams, and the deadline for declaring nullity is reduced to 3 years. It is now possible to resort to voluntary arbitration also in matters concerning acts performed or opinions issued under the terms of the RJUE.
Image credit: © Maxim Tolchinskiy | Unsplash
Translated with DeepL.com (free version)
