- 5 min read
What is SIMPLEX 2024?
Key changes to urban planning and property transactions
In an effort to streamline procedures 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 public administration.
Changes to the process of buying and selling property
Regarding property transactions, for properties with 'preliminary control' works, it is no longer necessary 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 flexibility in these transactions, placing greater trust in those involved in the real estate sector.
Key impacts on the sector
Focusing now on the formal aspects of this legislative reform and its amendments, we highlight the changes that are expected to have a direct impact on the real estate sector:
Reduction in operations requiring prior authorisation
Application of tacit approval to some licence requests
Elimination of building and use licence documents
No need for a notary to certify the authorisation for use and the technical housing file when transferring ownership of an urban building or autonomous fraction
Process for reclassifying rural land as urban land
A. Reduction of cases subject to licence
The new requirements for prior notification, exemption, and waiver of prior control include the following situations:
Eliminating the Licence in favour of Prior Notification: when the prior notification process is applicable, choosing the licensing regime becomes unavailable. This amendment promotes a more straightforward and streamlined approach in suitable situations.
Prior Communication for Specific Allotment Operations: in cases where a subdivision operation involves a detailed plan or an execution unit with distinct characteristics, it is now subject to 'prior notification'. These measures aim to tailor procedures to the specific requirements of each situation, simplifying the approval process.
Construction projects, such as adding floors without increasing the façade’s height or performing interior interventions that don’t affect structural integrity, are now exempt from prior control. Additionally, urban development initiatives undertaken by public entities will now only require a non-binding opinion from the relevant municipal authority.
Simplification of procedures for obtaining urban planning licences: a noteworthy change is the introduction of a 'tacit approval' regime for construction licences. Under this system, individuals can proceed with their intended project if decisions are not made within the specified deadlines. On the other hand, the construction licence permit is eliminated and replaced by the receipt of fee payments, reducing bureaucratic complexity.
B. Standardisation of urban planning procedures and reduction of municipalities' prior control powers
Municipal regulations are now confined to specific topics, eliminating the need for administrative procedures or instructive documents. This adjustment aims to unify procedures across different municipalities. The required documents are now stipulated by law and ordinance, and municipalities are prohibited from requesting additional documents.
To further clarify, a new, non-exhaustive list of documents that municipalities can no longer request has been provided. This list explicitly includes documents such as the land registry and permanent certificates, even if expired but still valid at the time of application.
Additionally, the use of the Electronic Platform for Urban Planning Procedures is now compulsory. This platform enables users to submit requests online, track processes and deadlines, receive electronic notifications, obtain certificates of exemption, and submit requests in Building Information Modelling (BIM) format to automate compliance assessments. The platform will be mandatory for municipalities to use from 5 January 2026.
C. Simplification of the administrative procedures for authorising the use of buildings and units
When a project undergoes 'prior control', obtaining a use authorisation is no longer necessary. Instead, specific documents must be submitted, which are accepted without the option for refusal. Once these documents are submitted, the building or its section can immediately be used for its intended purpose.
In the case of a change of 'use' during construction, a preliminary notification must be filed. The municipality has 20 days to respond, and if they fail to do so, the request for use authorisation is automatically approved.
For the formalities associated with the purchase and sale of property, there is now no need to present or verify the housing technical file and use authorisation at the time of signing the contract. This change arises from the removal of the requirement for these authorisations for construction projects under 'prior control'. In these cases, the notary must only inform that the property may not have the necessary urban planning authorisations for its use or construction.
Elimination of RGEU (General Regulations for Urban Buildings)
The excessive requirements for prior urban planning control, as stipulated in the RGEU, have been eliminated.
Occupation of public space
The submission for a building permit can now include the occupation of public space, allowing the permit to explicitly cover the extent of public space occupation required for the construction.
Additionally, the SIMPLEX amendments extend the validity period of favourable prior information to two years, making it more flexible to extend construction deadlines.
Simplification measures for spatial planning
Process for reclassifying rustic land as urban land: the process for reclassifying rustic land to urban land for industrial, storage, logistics, or housing purposes has been simplified. This is especially relevant when such reclassification is provided for in a local housing strategy, municipal housing charter, or housing stock exchange. The simplified process includes:
- Only one public consultation, avoiding multiple similar consultations.
- A single procedural conference where all entities can express their opinions simultaneously.
- The procedure continues during the public consultation period.
Approval of urbanisation plans and detailed plans: the approval procedures for urbanisation and detailed plans are streamlined by eliminating the need for regional coordination and development commissions (CCDRs) to oversee their preparation, and removing the concentration phase.
Finally, SIMPLEX Urbanístico provides for the repeal of outdated regulations and the implementation of administrative modernisation measures by 2030.
You may also be interested in
