The construction and real estate sector in Portugal is going through its deepest legislative transformation in recent decades. The consolidation of the Urbanistic Simplex — initiated with Decree-Law no. 10/2024 and refined by Decree-Law no. 108/2026 — redefines the relationship between developers, designers, municipalities, and financial institutions.
Understanding this new regulatory ecosystem is indispensable to guarantee legal compliance, speed of execution, and the economic viability of any project.
1. Legislative Evolution: From DL no. 10/2024 to DL no. 108/2026
The reform of urbanism in Portugal unfolded in two complementary phases:
- Decree-Law no. 10/2024 (in force since March 4, 2024): Marked the beginning of the "Urbanistic Simplex". It eliminated traditional permits, flexibilized the General Regulation of Urban Buildings (RGEU), and transferred the verification of technical conformity to architecture and engineering professionals.
- Decree-Law no. 108/2026 (consolidated in 2026): Corrected practical gaps identified in the initial application of the Simplex. It clarified prior communication procedures, reinforced legal certainty for deeds and bank financing, and established more precise rules for reconstruction works.
2. Key Changes in the RJUE (Legal Regime of Urbanization and Building)
The RJUE (Decree-Law no. 555/99) remains the pillar of urbanism in Portugal, but now operates under a logic of preventive de-bureaucratization and a posteriori inspection.
End of the Physical Permit and Birth of the "Urban Title"
The printed construction permit ceases to exist. The start of the work is legitimized by the submission of the procedure and the proof of payment of the due fees. To resolve hesitations of banks and notaries in real estate transactions, the electronic platform automatically issues the Summary of the Urbanistic Operation, a document that serves as the official urban title from day one.
Prior Communication as the Default Procedure
Whenever the property is located in an area covered by a detailed plan or allotment, the Prior Communication assumes the primary role:
- Model: Communicate – Pay – Inform – Execute.
- The developer can start construction immediately after paying the fees, without needing an express decision from the municipal council.
Realistic Decisional Deadlines
The illusion of excessively short deadlines for complex projects has been eliminated. The new legal appraisal deadlines for municipalities are distributed as follows:
- 120 business days: Major urban operations, allotments, or interventions in classified heritage/in the process of classification.
- 45 business days: Remaining works subject to licensing.
Exemptions for Minor Works and Reconstruction
Small interior remodeling that does not alter the resistant structure, the threshold level, or the volume of the building remains completely exempt from prior control. For reconstruction works, the exemption is maintained as long as the last valid antecedent is respected (maintenance of the original facades and volumetry).
3. The End of the RGEU and the Path to the Building Code
The old General Regulation of Urban Buildings (RGEU), in force since 1951, has its total revocation scheduled for June 1, 2026.
- Already applicable measures (since March 2024): The obligation to install bidets and cumulative bathtubs in bathrooms fell, allowing for more flexible and functional architectural layouts.
- The New Building Code: The revocation of the RGEU transfers the definition of building requirements to Professional Orders (Architects and Engineers) and European Standards (EN/ISO). This serves as a bridge for the creation of a single Building Code, harmonizing the legislative dispersion accumulated over more than 70 years.
Important: The elimination of obsolete legal requirements does not mean absence of rules; it means that the rules become technical and professional, requiring greater rigor in the executive project.
4. Digitalization, BIM, and Terms of Responsibility
Unified Electronic Platform and Ordinances
To eliminate discrepancies between the 308 Portuguese municipalities, all requests, fees, and issuances are centralized in a single platform. The forms and instruction drafts strictly follow the national model established by Ordinances no. 71-A/2024, 71-B/2024, and 75/2024.
BIM (Building Information Modeling) Mandatory by 2030
Portuguese legislation fixed 2030 as the deadline for the mandatory adoption of BIM methodology in projects and works promoted by public or large-scale entities. This forces the private sector to accelerate the digital transition, adopting BIM to guarantee competitiveness in procurement and lifecycle management of buildings.
Centrality of Terms of Responsibility
Without the prior and exhaustive validation of municipal technicians, the responsibility of the project falls directly on the authors of the projects and site managers. These attest compliance with safety, accessibility (DL no. 163/2006), and noise (DL no. 9/2007) regulations through binding Terms of Responsibility subject to disciplinary and criminal sanctions.
Sustainability and European Directives
Administrative simplification walks hand-in-hand with increasingly tight environmental requirements via the transposition of community law:
- ESRS (European Sustainability Reporting Standards): Requirement to report the environmental impact of constructions for large companies and financial backers.
- Energy Performance of Buildings Directive (EPBD): Adoption of passive solutions, decarbonization of heating/cooling systems, and compliance with nearly zero-energy building requirements (NZEB/ZEB).
- Circular Economy and Waste (CDW): Mandatory management and sorting plans for construction and demolition waste at the worksite.
Conclusion
The modernization of urban planning legislation in Portugal replaced the old model of document bureaucracy with a model based on technical responsibility, process agility, and digital transition.
The success of developers and technicians in the current market depends on the ability to master BIM methodology, ensure absolute rigor in drafting the Terms of Responsibility, and follow the final transition to the new Building Code.