On 3 August 2026, the most significant overhaul of urban-planning licensing in years comes into force. Decree-Law No. 108/2026 of 29 Mayamends the Legal Framework for Urbanisation and Building (RJUE) and the Legal Framework for Urban Rehabilitation (RJRU), correcting feasibility constraints inherited from the ‘Simplex Urbanístico’ (Decree-Law No. 10/2024). For owners, developers and investors, the way property is licensed — and bought — changes.
1. Prior notification becomes a declaration of responsibility
Prior notification ceases to operate as a prior documentary check by the municipality. It becomes a declaration of responsibility by the interested party, who may start the works after paying the fees and notifying the commencement of works, without the need for a permissive act by the city council. Greater speed — and, in return, greater responsibility for the party carrying out the works.
2. End of global deadlines indexed to construction area
The statute abolishes the global decision deadlines indexed to gross construction area, replacing them with interim deadlines adjusted to the actual complexity of each operation. The aim is to avoid unrealistic deadlines and to discipline the stages of assessment, review and prior hearing.
3. Strengthened protection for buyers
A point of particular relevance for the real estate market: in transactions involving property it becomes mandatory to declare whether a planning title exists. Planning compliance moves out of the realm of prudence and into that of a legal duty attached to the transaction itself — a change that reinforces the value of preventive verification before purchase.
4. Nullity: time limit reduced to three years
Reduced to three years is the time limit for the administrative declaration of nullity of licensing acts and of decisions on prior-information requests, strengthening the legal certainty of titles and the stability of operations.
What to do now
Until 3 August 2026 the previous regime applies; from that date, the new one. Those with operations under way should assess the timing of submission and the applicable regime; those about to buy should confirm, from the outset, the existence and regularity of the planning title. The transition is itself a window of both risk and opportunity.
Do you have a planning operation or a purchase in preparation? Paulo Silva Silva, Advogado, focuses on Urban Planning, Spatial Planning and Real Estate Law, supporting developers and investors in Greater Lisbon and throughout the country. Book a meeting or contact paulosilvasilva.adv@gmail.com · 916 055 901.
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The information in this article is general and institutional in nature; it does not constitute legal advice and does not create a client relationship. Decree-Law No. 108/2026 should be confirmed in its final, consolidated wording in the Diário da República (dre.pt) before any decision.