Bill no. 48/XVII/1, currently under detailed discussion in Parliament, provides for a new review of the legal framework applicable to urban planning licensing procedures, introducing amendments to the Legal Regime of Urbanisation and Construction (RJUE) and to the legal framework governing urban rehabilitation.
In this context, Morais Leitão and Imojuris organised two debate sessions — on 9 February in Lisbon and on 12 February in Porto — bringing together lawyers, municipal representatives and real estate sector professionals to analyse the impact of the proposed amendments and to assess the implementation of the 2024 Urban Planning Simplex (Decree-Law no. 10/2024 of 8 January).
Impact of the RJUE Amendments and Regulatory Stability
The session held at the João Morais Leitão Auditorium in Lisbon focused on the main changes to the RJUE and on the overall coherence of the legislative reform.
João Pereira Reis highlighted the increasing complexity of the framework and the need for a more structural solution, stating that “seria mais lógico fazer um diploma novo, simples e conciso, um diploma enxuto, simplificado”. He nevertheless acknowledged that the 2024 Urban Planning Simplex represented “uma reforma muito radical” and that the amendments now proposed include “pequenas alterações de redação que têm um enorme significado”.
Rui Ribeiro Lima joined the panel discussion dedicated to the practical effects of the review for municipalities and developers, noting that the changes introduced in 2024 were “bastante radicais e desafiantes para as administrações municipais”.
The debate underscored that regulatory stability and procedural predictability remain critical factors in ensuring legal certainty and maintaining confidence in real estate investment.
Practical Challenges in the Implementation of Urban Planning Licensing
The session held at the Morais Leitão Auditorium in Porto further explored the operational impact of the legislative review and the difficulties encountered in the practical application of the regime.
João Pereira Reis warned of the gap between the approval of legislation and its effective implementation, stating: “isto é preocupante”. He also emphasised the importance of certainty in the calculation of deadlines in urban planning procedures, noting that “é preferível ter prazos mais dilatados, mas com a certeza absoluta de quando é que terminam”.
Rui Ribeiro Lima drew attention to the risk of increased procedural burdens, observing that some of the proposed amendments may “agravar os procedimentos e eliminar situações de isenção”.
Joana Duro also took part in the Porto session, highlighting the administrative constraints associated with the implementation of the new rules and summarising the current reality by stating that “há uma codependência sistémica do papel (…) ninguém quer o papel e toda a gente quer tudo rápido”.
Urban Planning Licensing in Portugal: What Is at Stake in the New Review?
Both sessions confirmed that the review of urban planning licensing continues to generate technical and institutional debate.
Despite the stated objective of administrative simplification, the legislative proposal raises relevant questions regarding regulatory clarity, legal certainty, the definition and calculation of deadlines, and the capacity of municipalities to adapt to the new requirements.
In a context marked by structural challenges in real estate development and urban growth, the legal framework governing licensing remains a decisive factor for investment execution and for the predictability of administrative decisions.
