Amendment to the Legal Framework for Urban Planning and Building (RJUE)

On 29 May 2026, the official gazette (Diário da República) published the decree-law which, pursuant to the legislative authorisation granted by Law no. 9-B/2026 of 6 March, reviews the regime applicable to the licensing of urban operations and amends both the Legal Framework for Urban Planning and Building (Regime Jurídico da Urbanização e Edificação – RJUE) and the Legal Framework for Urban Rehabilitation.

The instrument in question is Decree-Law no. 108/2026, which introduces significant amendments to the RJUE within the scope of the revision of the Urban Simplex (SIMPLEX Urbanístico), aiming to correct implementation difficulties arising from the 2024 reform and to accelerate procedures connected to construction and housing.

According to the Ministry of Infrastructure and Housing, the reform introduces far-reaching administrative simplification measures designed to make urban planning processes faster, more predictable and more efficient for citizens, businesses and local authorities. By removing bureaucratic barriers in the construction and rehabilitation sectors, the Government seeks to increase housing supply in the market and stimulate economic investment.

The main changes introduced are as follows:

1. Immediate availability of the urban planning title

The new regime allows the urban planning title to be made available from day one: by incorporating application templates directly into the title itself – which includes a summary of the operation – applicants are no longer dependent on a final administrative act or on prior payment of fees to obtain the document.

2. Simplification of the Prior Communication procedure

The Prior Communication (Comunicação Prévia) process now eliminates the preliminary screening stage and removes the need for any response from the local authority, while reducing the period of subsequent oversight to a maximum of one year.

3. Limitation of external opinions and prior hearings

External opinions unrelated to the location of the project must now be submitted together with the initial application. The number of prior hearings and permitted project amendments is also capped.

4. Revised Prior Information Request (PIP)

The decree-law sets out the requirements for the Simple PIP (PIP Simples) and strengthens the instruction of the Qualified PIP (PIP Qualificado), reaffirming its purely informative nature as a question-and-answer mechanism addressed to the municipality, with timelines now aligned with those applicable to licensing procedures.

5. Revised concept of reconstruction

The new decree-law revises the definition of reconstruction work, which now refers to the reinstatement of the last valid prior condition of the building. Reconstruction works that merely restore a property to its previous state remain exempt from licensing or prior communication requirements, including in properties located within heritage protection zones.

6. Reinforced tacit approval regime

The tacit approval (deferimento tácito) regime is strengthened, allowing certain procedures to proceed where no municipal decision is issued within the prescribed time limits.

7. Plot division licences and controlled-cost housing

Plot division licences (licenças de loteamento) will henceforth be approved by municipal resolution provided that at least 10% of the dwellings in each plot are allocated to controlled-cost housing, with the total gross building area, volumetry and footprint remaining unchanged.

8. Incentives for affordable housing

The decree-law also introduces measures to encourage public housing, controlled-cost housing and affordable rental, by relaxing rules relating to land transfers and urban planning parameters.

9. Reduction of the time limit for declaring nullity

The time limit for the possible declaration of nullity of administrative acts under the RJUE is reduced from 10 years to 1 year.

10. Enhanced protection for property buyers

The Order of Notaries highlighted, as one of the most significant changes, the strengthened protection of property buyers: it will now be mandatory to indicate in the deed of sale whether or not a usage licence (licença de utilização) exists.