Publication date: September 2026
Area: Real Estate Law and Urban Planning

The legal framework governing urban development and construction — RJUE — was substantially revised by Decree-Law No. 108/2026 of 29 May.

The reform seeks to address some of the difficulties arising from the so-called Urban Planning Simplex, clarify the applicable procedures and strengthen the legal certainty of the corresponding titles. Its entry into force, initially scheduled for August, was subsequently postponed to 1 October 2026.

The amendment has direct consequences for property developers, owners, investors, architects, engineers and other parties involved in urban development operations.

Prior notification and responsibility of the interested parties

Prior notification remains an instrument that allows certain urban development operations to be carried out without depending on the adoption of an administrative licensing decision.

However, the new regime emphasises that its submission entails an effective assumption of responsibility by the interested party and by the technical professionals with regard to:

• submission of all legally required supporting documents;
• compliance of the submitted projects;
• compliance with the applicable legal and regulatory provisions;
• legal standing to carry out the operation.

The possibility of commencing the operation without an express decision from the municipality should therefore not be confused with substantive approval of the project.

Municipalities retain powers of subsequent inspection and may take action where they detect urban planning non-compliance. Resorting to prior notification therefore requires especially rigorous technical and legal verification before the works begin.

Prior information as an instrument of legal certainty

Prior information remains a key instrument for confirming in advance the feasibility of a particular urban development operation.

Where the request covers all the parameters necessary to characterise the operation, favourable prior information may allow the operation to be exempted from a licence or prior notification.

This possibility makes a request for prior information particularly relevant in:

• land acquisitions for property development;
• alteration or extension projects;
• operations involving uncertainty as to permitted uses;
• properties subject to urban planning constraints;
• projects whose feasibility is decisive for entering into promissory agreements or obtaining financing.

Prior information does not, however, remove the need to confirm the land registry status of the property, third-party rights, administrative easements and any other constraints that may not be fully resolved within the urban planning procedure.

New forms and supporting documentation

Ministerial Order No. 320/2026/1 of 31 July approved standardised forms for:

• licence applications;
• prior notifications;
• requests for prior information;
• information concerning the commencement of works;
• use of buildings and changes of use;
• notices publicising urban development operations.

The ministerial order also consolidates the list of supporting documents applicable to the various procedures. The forms will become mandatory from the date on which the reform enters into force.

Municipalities may only require additional documents where these are provided for in the RJUE or in special legislation, or are strictly necessary to verify territorial management instruments. Such a requirement must be reasoned and identify the applicable legal provision.

This limitation may be particularly important in cases where municipal departments repeatedly require documents not provided for by law or prolong the regularisation stage through requirements that are difficult to justify.

External consultations and opinions

Consultations relating to the location of the operation must be carried out once the file has been duly prepared.

By contrast, external opinions that do not concern the location and depend, for example, on the activity to be carried out in the building should, in principle, be requested in advance by the interested party and attached to the initial application.

The preparation of the file should therefore be coordinated between the technical professionals responsible for the project and the legal adviser, thereby avoiding situations in which the absence of an external opinion prevents the regular continuation of the procedure.

Limitation on amendments following the prior hearing

The new regime restricts the possibility of repeatedly reformulating the project after the municipality has identified non-compliance.

Following the prior hearing, a single submission of amendments is permitted in order to correct the non-compliance identified or matters directly connected with it.

This approach makes it particularly important to:

• respond fully to the municipality’s objections;
• avoid amendments unrelated to the matters raised;
• ensure that the reformulation does not introduce new incompatibilities;
• distinguish an admissible correction from the substantive submission of a new project.

An incomplete response may result in refusal and require the initiation of a new procedure.

Urban planning titles and payment of fees

Proof of self-assessment and payment of fees does not, on its own, constitute sufficient title to carry out the operation.

The title must contain the essential elements characterising the urban development operation and include, where applicable, proof of payment of the fees and other charges.

This matter is relevant not only to the commencement of works, but also to financing operations and the acquisition and sale of real estate. In the legal due diligence of a property, a mere payment receipt should not be accepted as sufficient evidence of the existence and content of the urban planning title.

Reconstruction, extension and legalisation

The revision clarifies the distinction between reconstruction and extension.

An intervention that increases the building footprint, total construction area, façade height or building volume cannot be classified as mere reconstruction. It must be treated as an extension and be subject to the corresponding procedure.

The legislation also clarifies that changes to the project carried out after completion of the works must be dealt with through a legalisation procedure, under terms to be further specified in municipal regulations.

Procedural simplification does not automatically legalise pre-existing works or remedy discrepancies between:

• the physical reality of the property;
• the approved project;
• the urban planning licence or notification;
• the constitutive title of horizontal property;
• the land registry description and the tax register.

Urban planning non-compliance and issues concerning title to areas continue to belong to distinct legal spheres, although they are frequently interdependent.

Use of buildings and change of use

In buildings or units whose works have been subject to a licence, prior notification or exemption resulting from favourable prior information, use is, as a rule, subject to prior notification.

In all other situations, a prior notification subject to a time limit will apply, during which the municipality may carry out an inspection and verify the conformity of the intended use.

In any transfer or rental transaction, the compatibility between the actual use, the urban planning title and the uses permitted under territorial management instruments should continue to be verified.

Application to pending procedures

The new regime applies:

• to procedures initiated after 1 October 2026;
• to earlier procedures which, on that date, are still at the regularisation and preliminary assessment stage.

In the latter cases, the interested party may take the steps necessary to adapt the procedure to the new rules.

The new provisions relating to time limits for declaring or invoking nullity and to expiry periods also apply to legal situations already established, except where the previous time limit expires earlier.

Conclusion

The revision of the RJUE is not merely another exercise in administrative simplification. It transfers a significant part of the responsibility for the legal and technical correctness of operations to the interested parties and the technical professionals involved.

Before acquiring, financing, commencing or transferring a real estate project, it will be advisable to verify:

• which procedure applies;
• whether the file is fully documented;
• whether the necessary external opinions have been obtained;
• whether the project corresponds to the physical and registered reality;
• whether the urban planning title is sufficient;
• whether there are works or alterations requiring legalisation.

Official sources

• Decree-Law No. 108/2026 of 29 May
• Decree-Law No. 155-B/2026 of 31 July
• Ministerial Order No. 320/2026/1 of 31 July
• Rectification Statement No. 29-A/2026/1 of 27 July

Note: This article is for informational purposes only and does not constitute legal advice. The application of the regime depends on the specific circumstances of each operation and on the legislation and regulations in force at the date of the relevant analysis.