Reform of the RJUE: Latest Developments

The last week of July 2026 brought significant legislative developments regarding the recent amendments to the Legal Framework for Urban Development and Building Works (“RJUE” – Regime Jurídico da Urbanização e Edificação). Notably, these include: the postponement of the entry into force of the RJUE reform introduced by Decree-Law No. 108/2026, of 29 May; the publication of a rectification statement (declaração de retificação) to that statute; and, further, the publication of the Ministerial Order (Portaria) establishing, among other matters, the standard application form for planning permission (licença) and prior notification (comunicação prévia), to be used in connection with the urban planning permits reinstated by Decree-Law No. 108/2026, of 29 May, as well as the supporting documentation to accompany such applications upon submission to the Municipal Councils (Câmaras Municipais).

I. Postponement of the entry into force of Decree-Law No. 108/2026 of 29 May

The Council of Ministers, meeting on 23 July 2026, approved a decree-law postponing the entry into force of the recent amendments to the RJUE from 3 August 2026 to 1 October 2026.

The postponement is intended to grant municipalities and sector operators additional time to prepare for the implementation of the new regime, the scope and depth of which require adaptation of internal procedures and municipal electronic platforms.

Accordingly, this decree-law is intended to ensure that, until 1 October 2026, the regime under the current RJUE remains in force, with ongoing urban planning procedures continuing to be governed by the rules presently in effect.

It should be noted, however, that the decree-law approved by the Council of Ministers still requires promulgation by the President of the Republic and subsequent publication in the Diário da República – expected to occur by Monday, 3 August.

II. Rectification Statement No. 29-A/2026/1 of 27 July

Earlier this week, Rectification Statement No. 29-A/2026/1 was published, correcting various inaccuracies in Decree-Law No. 108/2026, of 29 May.

In addition to numerous corrections of a formal and grammatical nature, the following corrections of material and practical relevance should be highlighted:

• Demolition security/bond: the revocation of the licence is expressly removed as a ground for the obligation to provide a security (caução) intended to guarantee demolition of the structure down to the floor level of lesser elevation.
• Cost-controlled housing: corrections are introduced affecting the rules on the allocation of areas to cost-controlled housing or affordable rental housing, within the parameters governing area sizing and land/area transfer requirements.
• Statement of responsibility in prior notification with a time limit for use or change of use: provisions relating to the statement of responsibility (termo de responsabilidade) required in the prior notification procedure with a time limit for use or change of use are corrected, such statement now necessarily having to be executed by a person legally qualified to act as author of an architectural project.
• Republication of the RJUE: errors in the republication of the consolidated text of the RJUE are also corrected, with the aim of ensuring that the republished text faithfully corresponds to the normative content as approved.

III. Portaria 320/2026/1, of 31 July

Finally, Portaria no. 320/2026/1 was published today, approving the standard application form to be used in licensing procedures, prior notification procedures, and prior information requests, as well as the standard form for notice of commencement of works and the standard form for prior notification of use and change of use.

These forms include a summary of the urban planning operation in question and, upon the entry into force of Decree-Law No. 108/2026, of 29 May, will constitute, together with proof of payment of the fees and other charges due, sufficient title to evidence the legitimacy to carry out the urban planning operation in question, pursuant to Article 4-A of the RJUE.

This Portaria further identifies the supporting documentation that must mandatorily accompany the said applications upon their submission to the Municipal Councils.

Thus, the most recent reform of the RJUE, although postponed until 1 October 2026, continues to advance at a regulations level. It is therefore recommended that real estate developers, municipalities and other sector operators remain attentive to the promulgation and publication of the decree-law approved by the Council of Ministers on 23 July, taking advantage of this period to prepare for the entry into force of the new regime.

For further information, please contact us at jlp@ccsllegal.com

[Photo by: Jakub Zerdzicki, available at unsplash.com]