Legal Alert | Further amendment to the legal framework for land management instruments

Today, Law 53-A/2025 of 9 April was published in the Official Gazette, amending the Legal Framework for Land Management Instruments, approved by Decree-Law 80/2015 of 14 May, in its current wording (RJIGT). This is the amendment to the legislation which has become known (albeit incorrectly) as the "Land Law".

The main amendments introduced to the RJIGT by Law 53-A/2025 of 9 April aim to restrict the cases in which it is permissible to reclassify rural land as urban land, since the Portuguese Parliament considered that new constraints should be introduced to the reclassification situations provided for in the previous legislation approved by the Government (Decree-Law 117/2024 of 30 December) which amended the RJIGT. 

These changes result in the following:

1. In Article 72 of the RJIGT regarding the framework for reclassifying rural land to urban land

• Reintroduction of the requirement for the reclassification procedure to include the following elements and grounds: 

• Demonstration of the impact of the proposed urban development on the existing infrastructure system;
• Projection of the charges necessary to strengthen the existing infrastructure system, implement new infrastructure and maintain it;
• Demonstration of the economic and financial viability of the proposal, including the identification of the parties responsible for financing and a demonstration of contracted sources of financing and public investment.

In the case of publicly owned land, these elements and grounds are not required;

• Reduction of the deadline for completion of urban development works following the reclassification of land, from five to four years, further reducing the possibility of an extension, which could previously be up to half the initial deadline and is now limited to one year.

2. The special framework for reclassifying rural land to urban land for housing purposes, as set out in Article 72-B, is amended as follows:

• Elimination of the mention of the purpose related to housing (maintaining only the possibility of reclassifying it for housing purposes and complementary uses), with the new legislation defining what is meant by "complementary uses";
• Subject to an opinion from the competent regional coordination and development committee, even if not binding, where the land is privately owned, which must be issued within 20 (working) days of the date of sending the proposal, failing which a tacit favourable opinion will be given;
• Reintroduction of the need to adjoin urban land to allow reclassification;
• Reformulation of the requirement for ⁷⁰⁰/₁₀₀₀ of the total above ground construction area to be intended for housing, and for such housing to be public, intended for affordable rental, or for controlled cost housing;
• Introduction of new areas of the National Ecological Reserve (REN) where rural land cannot be reclassified as urban land for housing purposes.

3. The legislation also makes the necessary adaptations to cases of simplified alterations to land use plans provided for in Article 123 of the RJIGT, arising from the elimination of the former concept of affordable housing, so that it now covers public housing, affordable rental and controlled cost housing

Also with regard to the simplified amendment of plans, the opinion of the Comissão de Coordenação e Desenvolvimento Regional, I.P. [Regional Coordination and Development Committee], even if not binding, is provided for in the terms set out above.

4. Law 53-A/2025 of 9 April also amends the suspension of rules in urbanisable or planned urbanisation areas, due to non-compliance with the obligation to incorporate the rules on land classification and qualification in plans by 31 December 2024, leading to the suspension of the rules on urbanisable or planned urbanisation areas, until the classification and qualification rules set out in this Decree-Law are included.

However, it is clarified that the suspension of these rules is not automatic and is decreed by the Comissão de Coordenação e Desenvolvimento Regional, I.P. (CCDR, I.P.), after consultation with the municipality.

It is clarified that this suspension, to be decreed by the competent regional coordination and development committee, cannot take place:

• When the area has acquired the characteristics of urban land;
• When the urban development works provided for in a detailed plan, by urban development contract or by prior administrative control measures acts are in progress and until the end of the respective period;
• When the urban development parameters have already been defined by the competent municipal body through the approval of a request for prior information or architectural design;
• When the municipality justifiably demonstrates that the review process for land use plans is being concluded or that it has been delayed for reasons beyond its control.

In addition, it is also clarified that the suspension does not prevent urban development operations in urbanisable or planned urbanisation areas whose purpose falls under the provisions of Articles 72-A (industrial activities, storage or logistics for support services, or dry ports) and 72-B (housing and related).

5. Amendment of the validity and taking effect 

Law 53-A/2025 of 9 April establishes a complex scheme of validity and production of effects applicable to Decree-Law 117/2024 of 30 December, to the extent that:

• The amendments are retroactive to 31 December 2024;
• The amendments made will remain in force for four years, i.e. until 31 December 2028;
• The termination of validity does not apply to procedures initiated while it was in force;
• It is not clear which framework applies to simplified amendments to plans (Article 123 of the RJIGT) and to land classified as urbanisable or for planned urbanisation (Article 199 of the RJIGT), in the event of the non-extension of the validity of Decree-Law 117/2024 of 30 December.

6.Effective date

Law 53-A/2025 of 9 April did not establish any rule as to its entry into force and, therefore, considering the general rule set out in the Form Law (Article 2(2) of Law 74/98 of 11 November), this law will enter into force on 14 April 2025. 

The Morais Leitão urban planning and land use team is available to answer any questions you may have on this topic.