In part I of this article we saw the main changes introduced to the RJUE (Legal Regime for Urbanization and Building), in a process that became known as the URBANISTIC SIMPLEX.
We noticed that the administrative procedures were maintained, but that they were simplified or changed, with a view to eliminating superfluous, redundant procedures, or that resulted in excessive bureaucracy, causing a lot of entropy to the Licensing process. This “achievement” came at the cost of greater accountability not only for project technicians, but also for municipalities, which saw their role as supervisory entity greatly reinforced.
We clarify some concepts and summarize the situations in which a property requires Prior Control, or when it may be exempt from any type of instruction.
Although some procedures have been simplified, it is important to emphasize that the works will be more supervised, and that no one should fall into the mistake that all work, as long as there is no intervention on the outside of the building – can be carried out without a license. The promoter must be aware that all legal and regulatory standards will have to be complied with, which must be certified by a qualified technician, under penalty of breaching the law. You must be alert that you will be monitored with a regularity that has been unprecedented until now.
The promoter must demand from all parties – from the architect and engineer, to the contractor and seller/real estate agent – all the information and documentation that allows him to attest to the conformity of the projects and works, so that the burden of any non-conformity of the property will not lie on him.
And now?
In this second part, we will address the topic of Prior Control in more depth. What are the Licensing procedures for a work, what the promoter will need and what steps to take.
This data will help you define an investment and marketing strategy for a property, land or fraction, weigh the pros and cons of each option, and how to add value to your real estate products.
In short, the more complex the procedure, the more investment and execution time it will require. Following a simpler procedure may allow you to place a property on the market sooner, but it may represent a lower return, so understanding how licensing processes work can be a useful tool when evaluating the return and investment in your property project. The opposite also applies, that is, it may be more important to have an earlier return, so following a simplified procedure – and work – could be key to your investment and marketing strategy.
If you are thinking about starting the process of building your own home, you will also understand which steps to follow, and what to expect in each of them.
What is Prior Control?
One of the most frequently asked questions by those starting out in real estate investment and development is: if, and when, does a project have to “go to the City Hall”? The answer to this question lies in the definition of the concept of Prior Control.
In short, there is Prior Control whenever we talk about a completely new construction project, when we expand existing buildings or when we change elements of a building's envelope (when we change facades, create new openings, change exterior cladding materials and change shapes and materials of roofs or coverings). Whenever a property falls within one of these categories, there must be Prior Control by the City Hall and other competent entities.
The number of entities that will comment on the project will depend on the classification of the land in the Ordering Plan (contained in the PDM) and/or the function for which the property is intended. We are talking about entities such as DRC (Heritage), Turismo de Portugal (Tourism), ICNF, APA (if the land is in a water area), Infrastructures of Portugal, CCDR, among others.
When the work to be carried out requires Prior Control, architectural projects and specialties drawn up by technicians qualified for the purpose (architects, engineers, thermal and acoustic experts, mechanical and electrical engineers, etc.) will have to be presented, and it will be on these that the City Halls and other entities must comment.
Exemption from Prior Control
A work is exempt from Prior Control when it does not fall into any of the previously mentioned categories.
When a project is exempt from Prior Control, it does not mean that projects do not have to be presented to the City Halls, but rather that the administrative procedure has been greatly simplified with SIMPLEX.
These situations may raise some doubts, so it is recommended that you consult an architect, or the competent City Hall, to help clarify the steps to take in these cases.
Cases in which it is not necessary to instruct a procedure
A work is no longer subject to “going to the City Hall” when we are talking about cases of small interior changes, repairs and maintenance of properties, cleaning of facades and roofs, conservation works, exchange of facade materials or window frames for others that are more energy efficient, but maintain the original appearance. Constructions of pergolas or outbuildings smaller than 10 m2 are also exempt from presenting projects to the City Halls.
Porto City Hall has already drawn up a table that summarizes the various types of work, indicating when it is necessary to prepare and submit projects for consideration, and which serves as an excellent consultation tool, helping to understand, depending on the case, what procedure should be used.
Below we list and explain the main types of administrative procedures, and we have created a “roadmap” with a step-by-step guide that will help you understand what you will need in the various phases of the project.
When a work requires Prior Control, the procedure to follow will be Licensing or Prior Communication, depending on where the property/land is located.
When a work is Exempt from Prior Control, the procedure to follow will be Prior Communication with a Deadline.
What will the developer need?
Updated property documentation
Topographic and/or architectural survey
Architectural project (including accessibility project)
Specialty Projects (structures, excavations and containment, water supply, sewage, and rainwater, electrical and telephone circuits, thermal and acoustic projects, ventilation, exhaust and air conditioning projects, gas and elevator projects, when applicable )
Execution project
Works and Quantities Map and Specifications Book
Contractor public contest
Contractor documentation and definition of the Construction Director and Supervision Director
Property License of Use
All procedures presuppose that a Prior Architectural Study is carried out, in which the building's layouts are defined, with rigorous measurements, distribution and sizing of spaces, design of facades, roofs and coverings, annexes, garages, storage, floors and arrangements exteriors, walls and fences, as well as the definition of exterior covering materials, and verification of the building's basic energy performance requirements.
Another phase of the project that is essential for the smooth progress of the work is the Execution Project. This is the phase in which the interior finishes, equipment, infrastructures, sanitary ware, accessories and all components essential to the proper functioning of the building are defined, and which guarantee it. It is in the execution project that technical drawings, maps, kitchen and bathroom designs are produced, suppliers and brand representatives are consulted for technical support for the project and all documents necessary for budgeting for the work are prepared.
Depending on the procedure to be followed, the Execution Project can be developed upstream or downstream of the project phase.
A project generally has the same phases, but these may be organized differently, depending on the administrative procedure that must be followed. In other words, depending on the level of intervention and analysis of the Chamber in the Project, it can be organized and developed differently.
It is this “roadmap” that we present below, for your different situations.
Licensing
What is it?
This is the most common procedure and one that we have all heard about. It is a phased process, in which architectural projects are assessed and approved first, and then specialty projects. After completion of this analysis by the City Hall and other competent entities, a fee related to the Construction License is paid, identifying the Contractor and Work Technical Director, so that the work can begin.
During the course of the project, there will be several inspections by the City Hall and suppliers of water, electricity, gas, etc..., to ensure that they are complying with all legal requirements.
After completion of the work, the necessary documentation to obtain the License of Use is submitted once, and it is understood that the building is automatically ready to be used or inhabited.
In what situations does it apply?
Construction Works (new work), Expansion Works or alterations to facades, roofs and coverings.
How long can it take?
4 to 5 years from the beginning of the project to the completion of the work.
Prior Communication
What is it?
It is a similar procedure to Licensing, but instead of assessing architectural projects and specialties and submitting the contractor's documentation in a phased manner, all these documents are presented simultaneously.
In what situations does it apply?
The developer is obliged to follow this procedure, as long as his property is covered by an Allotment Permit, Detailed Plan or Execution Units with registration effects, there has been an approved Prior Information Request (PIP) and that it is in force, or when you intend to license a swimming pool.
How long can it take?
3 years from the beginning of the project to the completion of the work.
Prior Communication with Deadline
What is it?
This procedure is the same as the previous one, but only applies to cases in which the work is exempt from Prior Control.
In these cases, the work can be communicated and the work can begin, and all projects, terms of responsibility, certificates and applicable opinions must be delivered within 20 days before completion, leaving the property ready to be used or inhabited. immediately.
In what situations does it apply?
When significant changes are made to the interior compartmentalization, new configuration of units, changes in the use of all or part of the building, or other changes that do not include changes to facades, roofs or coverings.
Whenever a qualified Prior Information Request has been approved, and it is in force, the urban planning operation is exempt from Prior Control, meaning that work can begin and the Prior Communication with Deadline can be presented 20 days before works completion.
How long can it take?
Up to 2 years from the beginning of the project to the completion of the work.
We hope that with the conclusion of the second part of this article we have helped you to better understand what we are talking about, when we refer to Urbanistic Simplex and the various administrative procedures that involve licensing a work.
There are many ways to reach an optimal solution for the client's objective, be it developing optimized real estate products or building a home for our family. The important thing is that the promoter is aware of the steps to be taken to achieve this objective.
Our intention was to create a “consultation document” that the reader can revisit and, above all, convey that a real estate project – whether for investment or for personal enjoyment – is a team effort, involving several professionals. , given the responsibility that a work entails.
Get informed before starting your project, and look for the right professionals to advise you on this journey.
Apresentação da Autora do Artigo:
Alda Vasconcelos é arquitecta especializada em Licenciamento e Viabilidade Construtiva.
O seu trabalho visa estudar novos empreendimentos, e guiar clientes e investidores ao longo do processo de Licenciamento, com o objectivo de estes conseguirem encontrar as melhores soluções para o seu portefólio.
Tem experiência em diversas áreas como o Residencial, Turismo, Restauração, Indústria e Urbanismo, e trabalhou com uma carteira de clientes diversificada, nacional e internacional.
Acredita fortemente no Conhecimento, investindo no poder do bom design aliado à funcionalidade.
Recentemente fundou o Enneia Studio - https://enneiastudio.com/ - um gabinete de Arquitectura que ajuda os seus clientes a criar um elo de ligação com os espaços que habitam, explorando o conceito de um habitar cheio de significado (The Meaningful Living).
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