New RJUE: what is changing in planning permission?

Planning permission in Portugal is entering a new phase. Decree-Law no. 108/2026 of 29 May revises the Legal Framework for Urban Development and Construction (RJUE), continuing—and seeking to resolve some of the implementation difficulties arising from—the reform initiated by the 2024 Urban Planning Simplex.

The main amendments enter into force on 1 October 2026. This date follows the extension approved by Decree-Law no. 155-B/2026 of 31 July, intended to allow local authorities, their IT systems and those involved in planning procedures time to adapt.

Why has the RJUE been revised again?

Decree-Law no. 10/2024 introduced a wide-ranging simplification of permissions in the fields of urban planning, spatial planning and industry. In practice, however, the measures revealed coordination difficulties between authorities, differing interpretations and inconsistencies within the framework.

The new legislation seeks to address these issues through five central objectives:

- making procedures more flexible;
- shortening processing times;
- clarifying concepts;
- strengthening the legal certainty of planning titles;
- regulating the application, initial review and prior-hearing stages.

The aim is not merely to reduce formalities. The revision also seeks to provide greater predictability for investment while safeguarding the public and private interests involved in each development operation.

Planning permission, prior notification and prior notification subject to a time limit

The revised framework reorganises the mechanisms applicable to development operations. Depending on the nature of the project and the conditions laid down in the RJUE, these comprise planning permission, prior notification and prior notification subject to a time limit.

Prior notification is particularly relevant in areas where the applicable planning parameters are sufficiently defined. In these cases, the applicant assumes responsibility for submitting all required information and for fully complying with the applicable legal and regulatory rules, without having to wait for a prior administrative decision before beginning the operation.

This simplification does not remove the responsibilities of the parties involved or municipal inspection powers. On the contrary, it increases the importance of correctly classifying the operation, ensuring project compliance and providing accurate statements of responsibility from the relevant professionals.

More consistent applications and documentation

Ministerial Order no. 320/2026/1 of 31 July supplements the revised RJUE and establishes standard mandatory forms. The objective is to reduce differences between municipalities and make procedures more consistent throughout Portugal.

The approved instruments include:

- a common form for planning permission applications, prior notifications and requests for preliminary information;
- a form for notifying the start of works;
- forms covering the use or change of use of buildings or individual units;
- new public notice forms for development operations;
- a consolidated list of the documents required for each procedure;
- updated statements of responsibility for the professionals involved.

The Ministerial Order also provides that municipalities may only request additional documents where expressly permitted by law or where strictly necessary to verify compliance with the applicable spatial-planning rules. Any such request must be properly justified.

Greater responsibility for developers and technical teams

Standardised procedures may simplify dealings with local authorities, but they also require applications to be prepared more rigorously. The documentation must correctly identify the operation, its territorial context, the applicable planning parameters and any relevant easements or public-interest restrictions.

Project authors and coordinators will play an even more important role in demonstrating compliance and coordinating the various technical disciplines. An incomplete prior notification or incorrect classification may lead to delays, additional costs, inspection and possible enforcement action to restore planning legality.

What should property owners, investors and developers do?

Before proceeding with a project, it is advisable to:

1. confirm which procedure applies to the proposed operation;
2. check the applicable plans, constraints, easements and restrictions;
3. review the documents and designs against the new mandatory forms;
4. ensure coordination between architecture, specialist designs and site supervision;
5. assess how the transitional rules affect procedures already under way;
6. monitor any guidance issued by the relevant municipality.

Ongoing procedures should be assessed individually, as the application of the revised framework will depend on their date, procedural stage and specific circumstances.

A change that requires early preparation

The revised RJUE is intended to deliver simpler, more consistent and legally secure procedures. Achieving these objectives will nevertheless depend on the adaptation of municipal platforms, the alignment of administrative practices and the quality of the information submitted by applicants and professionals.

With the changes due to enter into force on 1 October 2026, now is the time to review projects, internal procedures and documentation. Preparing early may reduce uncertainty, prevent delays and ease the transition to the new planning system.

*This article is provided for general information only and does not replace an assessment of the applicable legislation or advice tailored to the individual case.