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Summary
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SOCIEDADE DE ADVOGADOS RL
Conditions:
The purchase of a real estate property is mandatory. The property must be located in
urban regeneration area, unless the original construction dates back more than 30
years (pre-1987), in which case the property is eligible for the programme wherever it
may be located. The purchase and the subsequent refurbishment works must total a
minimum of EUR 350.000,00 (three hundred fifty thousand thousand euros).
The applicant investor must demonstrate ownership of the property for the purpose of
submitting it to refurbishment, and may do so by:
- purchasing the real estate property in co-ownership (provided each co-owner invests
an minimum amount of EUR 350.000,00 (three hundred fifty thousand thousand euros);
- purchasing it through a single-partner company with shares belonging to applicant;
Individual investment
or an
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NOTE The minimum amount of EUR 350.000,00 (three hundred fifty thousand
thousand euros) can be reduced by 20% (EUR 280.000,00), in case the investment is
made in any area considered to have low density of population (so defined by the rules
set out in NUTS III). An area is currently considered to have low density of population
if under 100 habitants per square km, or generates a GDP (Gross Domestic Product) per
capita under 75% of the national average.
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1 . INITIAL APPLICATION
C. Property register certification issued with all registration in force, that attests
ownership free of burdens or charges;
E. Proof of having filed the due application for PIP (prior information procedure)
or the due application for the refurbishment works licensing;
F. when applicable, also the property location certification issued by the authority
responsible for urban regeneration development, unless the property is not
located in such area;
G. Copy of the contract signed with the contractor responsible for the refurbishment
works on the property, which must be an entity duly certified by INCI to pursue
construction works;
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H. The applicant must also either exhibit the receipt of payment of the full price of
refurbishment works or attest the deposit of the difference between the property
purchase price and the minimum investment required price of the
refurbishment works in a Portuguese bank account held by applicant.
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2 . RENEWAL APPLICATION
B. Property register certification issued with all registration in force, that attests
ownership free of burdens or charges;
C. When the extension of the refurbishment works project requires it, a
refurbishment works license under the urban regeneration planning, known as
Alvar;
D. Statement issued by the authority responsible for urban regeneration
development attesting that the works are either in progress or have been
concluded (when applicable),
E. Copy of the contract signed with the contractor responsible for the refurbishment
works on the property, which must be an entity duly certified by INCI to pursue
construction works;
F. The applicant must also either exhibit the receipt of payment of the full price of
works or attest that the difference between the property purchase price and the
minimum investment required price of the rehabilitation works is deposited
in a Portuguese bank account held by applicant.
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Owners of buildings or its units have the legal obligation to take on the
refurbishment, engaging the works that are necessary for the up keeping or the
restoration of safety or esthetical appearance of the building (article 6. of RJRU).
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structural and safety performance to the building, due to insufficient condition, ruin or
obsolescence.
Cumulative requirements:
a) To preserve the building front with all respective conformant elements, with the
possibility of new bays and modification of existing bays on ground floor;
c) To preserve the number of floors above and under the ground level, as well as the
roof configuration, with the possibility to affect the roof area as living area, and open
roof bays to the exterior;
All refurbishment works must also comply with the prior control rules set out in another
legal system, the Urban Development and Construction Legal System (RJUE).
Articles. 10. and 35., num. 4 of RJUE make it mandatory to submit a Responsability
Affidavid by the technical authors of the project, stating that the legal technical
requirements have been complied with. Subsequently to conclusion of the works, an
authorization license is issued to allow building or building unit to be used, which also
states that the works were made in accordance with the project.
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Granting of the Use Authorization (article 64. RJUE) it is issued within the
10 day time limit after submission of application.
Technical Survey (article 65. of RJUE) a survey takes place within 15 days
from the City Hall decision.
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Development Plan
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by private initiative
EXECUTION OF ORUS MAY BE
by public initiative
If the opinion is favorable, the City Hall will set out the necessary subsequent
procedure to undergo the project authorization.
The time limit for the decision is of only 20 days or 30 days, according to the
cases set out in article 16., num 1, of RJUE.
The Municipality always sets out the legal necessary control procedure for
the specific refurbishment project.
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The simplified prior notification is the procedure that is only applicable to the
works set out in article 34 of RJUE, namely reconstruction that does not involve
increased height of the buildings front, or number of floors.
The simplified prior notification is addressed to the City Hall Mayor, and
submitted online.
The documents attesting the submission of the prior notification and payment of
the due levy are the legal title necessary for undergoing the works.
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SOCIEDADE DE ADVOGADOS RL
The full licensing application for the refurbishment works the type of
administrative control procedure applicable to the works of construction, reconstruction,
amplification, conservation and demolition of buildings (as per article 4., num 2 of
RJUE)
On the procedure, the City Hall administration will first and foremost check the
architectural project. However, the technical specialty projects may be submitted
simultaneously.
The applicant has 1 year to proceed with the payment of the necessary levy, and
request the issuing of the license (known as Alvar). This time limit may be extended,
just once, for a further year.
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Luis Rodrigues
lrodrigues@pratica-legal.com
Eloy Rodrigues
erodrigues@pratica-legal.com
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