Newsletter: New regulations for RJUE

With the publication of Decree-Law no. 10/2024, of 8 January, which reforms and simplifies town and country planning procedures, substantial changes were made to the Legal Framework for Urbanization and Construction, approved by Decree-Law no. 555/99, of 16 December (“RJUE”).

However, some of the most significant changes introduced to RJUE, which come into force next Monday, 4 March 2024 and are applicable to ongoing procedures, still require additional regulation.

To this end, the following ordinances have now been published:

• Ordinance no. 71-A/2024 of 27 February

This regulation lists the supporting documents and information for the procedures set forth in RJUE and repeals Ordinance no. 113/2015, of 22 April.

It maintains the definition of the supporting documents and information according to the type and procedures of urban development operations, as in previous legislation, including general part applicable to all procedures.

It foresees the delivery of projects, studies and declarations of responsibility to allow adequate supervision of urban development operations and that can constitute a guarantee of quality and safety for the various stakeholders.

The ordinance also clarifies the supporting documents applicable to the procedures applicable to works on production centers of solar and wind renewable energy, and energy storage facilities.

• Ordinance no. 71-B/2024 of 27 February

Approves the legal templates of licenses, responses to prior notices, acts to be carried out by technicians and templates for advertisement panels of urban development operations, under the terms of RJUE.

Of particular note is the fact that the new templates for licenses should also be issued in cases of tacit approval of license request and, on the other hand, that there is a template for responding to (mere) prior communications of use which occurs after an urban development operation subject to prior control.

• Ordinance no. 71-C/2024 of 27 February

Approves the first amendment to Ordinance no. 1268/2008, of 6 November, which defines the template and requirements of the workbook and establishes the characteristics of the electronic workbook, to accommodate the changes introduced to article 97 of RJUE. The ordinance also foresees that, as of 05.01.2026, the digital workbook will be executed on the Electronic Platform for Urban Planning Procedures.

• Ordinance no. 75/2024 of 29 February

Introduces the first amendment to Ordinance no. 216-B/2008, of 3 March, which sets out the parameters for determining the size of the areas reserved for green spaces and spaces of collective use, road infrastructures and collective use equipment.

This new ordinance introduces the parameters for determining the size of areas reserved for the construction of public housing, affordable housing or housing for affordable rent, which will also be applicable on a supplementary basis as long as the municipal and inter-municipal plans do not include specific parameters for these purposes of public interest.

These ordinances come into force on 4 March 2024.