03.08.2023 Vida Imobiliária

Opinion article by Rui Ribeiro Lima and Inês Vieira | "Objective: simplify!"

Rui Ribeiro Lima and Inês Vieira sign the opinion article entitled "Objective: simplify!", recently published in Vida Imobiliária.

The lawyers talk about the legislative advance, introduced by Decree-Law no.
11/2023, which proceeds to the reform and simplification of environmental licensing, also adopting measures of a transversal nature to administrative activity, and its concrete advantages.

«This diploma was the first step in the objective established by the Government to simplify various business and economic sectors, seeking a balance between the intervention of public entities within the scope of procedures permitting activities and debureaucratizing those activities. Decree-Law n.º 11/2023 clearly states that it aims to simplify administrative activities by eliminating procedures, actions and requirements that prove to be unnecessary, obsolete, and prevent the execution of projects and attraction of investment, starting with the environment.
However, although it was announced that the simplification was intended for environmental licensing, considered broadly, the diploma in question is more far-reaching.

Therefore, the amendments promoted by the decree-law to the legal regime of environmental impact assessment (EIA) are particularly relevant, and include among the new features: (i) total elimination of EIA for urban allotment operations in consolidated urban areas or occupying an area under 2 hectares; and (ii) elimination of the need to obtain an opinion from the EIA authority in situations where a case-by-case analysis of the environmental impact assessment is required, provided they are located outside sensitive areas. […]».

Access the annex to read the article.