In an effort to make procedures more streamlined in urban and territorial planning, Decree-Law no. 10/2024 came into force on 8 January 2024, published in the Diário da República. SIMPLEX 2024 is designed as an effective solution to the contemporary challenges of urban planning management, promising to transform not only the real estate sector, but also the experience of individuals and companies in their dealings with the public administration.
Regarding the process of buying and selling property, from now on, for properties with 'preliminary control' works, it is no longer compulsory to present the housing technical file and the authorisation for use when signing the purchase contract. This measure reflects an effort to speed up and increase the flexibility of these transactions, placing more trust in those involved in the real estate sector.
Focussing now on the formal terms of this legislative reform and its amendments, we have chosen to highlight those that we consider to have a direct impact on our sector of activity:
The new requirements for prior notification, exemption and waiver of prior control include the following situations:
When the prior notification process is applicable, choosing the licensing regime becomes an unavailable option. This amendment promotes a more straightforward and streamlined approach in suitable situations.
In cases where a subdivision operation features a detailed plan or an execution unit with distinct characteristics, it becomes subject to 'prior notification'.
These measures aim to adapt procedures to the individual requirements of each situation, simplifying the process for approval.
Construction projects that include adding floors without increasing the height of the façade, as well as interior interventions that do not affect structural integrity, are now exempt from prior control. Similarly, urban development initiatives undertaken by public entities now only require a non-binding opinion from the relevant municipal authority.
Noteworthy is the introduction of 'tacit approval' regime for construction licences is approved, allowing the individual to carry out the intended project if the decisions have not been adopted within the due deadlines.
On the other hand, the construction licence permit is eliminated, which is replaced by the receipt of payment of fees due, reducing bureaucratic complexity.
It has been established that municipal regulations should be confined to specific topics, omitting administrative procedures or instructive documents. This adjustment aims to unify the procedures employed by different municipalities across the country. The set of required documents is stipulated by law and ordinance, and municipalities are prohibited from requiring additional documents.
Therefore, for clarification purposes, a new, non-exhaustive list is presented of documents that municipalities can no longer request, according to the ordinance, regulations or even municipal practices. This list explicitly includes documents such as: the land registry, the presentation of the permanent certificate or its code (even if expired but valid at the time of the application), and any other documents already in the municipality's possession.
With the aim of uniform urban planning procedures in order to avoid the diversity of practices in each municipality, the use of the Electronic Platform for Urban Planning Procedures is now compulsory.
Among other features, the Platform allows users to submit requests online; check the status of processes and deadlines; receive electronic notifications; obtain certificates of exemption regarding urban planning procedures; uniform procedures and documents required by municipalities; and a new service, which is the future submission of requests in Building Information Modelling (BIM) format, automating the assessment of compliance with applicable plans. This platform will be compulsory for municipalities to use from 5 January 2026.
The guidelines for municipalities' evaluation responsibilities in the context of prior urban control, especially concerning the issuance of licences, have been further refined. It falls outside the purview of municipal authority to assess internal building details or to delve into specialised domains such as water, electricity, gas, and similar services.
When a project undergoes 'prior control', obtaining a use authorization becomes unnecessary. Instead, specific documents must be submitted, which are accepted without the option for refusal or rejection. Following the submission of these documents, the building or specified section can immediately be used for its intended purpose.
In the case of a change of 'use' during the construction phase, of buildings or their fractions, when this is not subject to prior control, a preliminary notification must be filed. This notification provides the municipality a 20-day window to reply. Should the municipality fail to respond within this period, the request for authorization of use is deemed approved.
Regarding the formalities related to the purchase and sale of the property, at the time of signing the contract, there is no longer a need to present (or verify the existence of) the housing technical file and the use authorization. This modification arises from the elimination of the need for these authorizations for construction projects under 'prior control'. In these situations, the Notary should only warn that the property may not have the necessary urban planning authorisations for its use or construction.
Elimination of the requirements of the RGEU (General Regulations for Urban Buildings)
Excessive requirements for prior urban planning control, as stipulated in the RGEU, have been eliminated.
Occupation of the Public Space
The submission for a building permit can now incorporate the utilisation of public space, allowing the permit to explicitly cover the extent of public space occupation required for the execution of the construction.
Since, by definition, 'prior information' binds the competent authorities when deciding on a possible licence application and the successive control of urban planning operations subject to prior communication, the SIMPLEX amendments extended the validity period of favourable prior information to two years, making it more flexible to extend construction deadlines.
Simplification Measures for Spatial Planning
The process of reclassifying rustic land to urban land for industrial, storage, logistics or housing purposes is simplified (in the latter case, provided that such reclassification is provided for in a local housing strategy, municipal housing charter or housing stock exchange).
Under the terms of this simplified process:
- Only one public consultation is held (avoiding several public consultations with a similar or overlapping object);
- A single procedural conference is organised, so that all entities can give their opinion simultaneously;
- It is determined that the procedure does not stop during the public consultation period.
Conditions are created to speed up approval procedures for urbanisation plans and detailed plans by:
- Eliminating the need for the regional coordination and development commissions (CCDRs) to monitor their preparation; and
- Eliminating the concentration phase.
Finally, the Simplex Urbanístico provides for the repeal of old regulations and the implementation of administrative modernisation measures by 2030.
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