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PRIOR COMMUNICATION

In an urban development of a claim, authorizations of competent entities are always necessary in order to proceed with the construction without infringing the legislation.

The prior communication begins with the entry of a request for prior communication in the administrative services accompanied by a set of documents provided for in municipal regulations and of Administrative Rule 113/2015 of April 22, 2015. Generally, for each citizen, the difference between Licensing and Prior Communication is basically the form of delivery of the elements for acceptance (for example, when it comes to Licensing, we can deliver the Architecture Project and after its approval,the Engineering Project and then we must require the issuance of the license.)

Prior communications are a procedure with certain advantages for the applicant. The main advantage of the prior communication lies in a period of 20 days from the delivery of the prior notice and other elements, according to point 2 of Article 7 of Decree-Law 555/99 of 16 December. As they relate to areas where the urban rules are defined, the law requires for the entry into the City Hall with all the Engineering Projects and Architecture Project, the documents relating to the builder and the Construction Director as well as the Safety and Security Plan and Health on the job.


SITUATIONS IN WHICH PRIOR COMMUNICATION IS APPLIED

The prior communication is an urban procedure regulated and approved by the Legal Regime of Urbanization and Edification (RJUE) - Decree-Law nº 555/99 of 16 December. Prior communications may be applied in the following areas:

Land covered by the Allotment Permit or entered in an alootment or Detail Plan
Reconstruction works that do not result in a change of facade or number of floors
City areas consolidated and covered by a municipal plan
When the applicant has a request for prior information approved.
Building of Pools associated with the main building


LICENSING

License applications for construction works generally apply to areas with no defined spatial planning or in areas that concern high-value buildings.

It is, in essence, the most complex legal procedure of all, but absolutely mandatory in a large number of cases. The first phase of the licensing is precisely the delivery of architectural projects and / or engineering. These can be delivered simultaneously or not. The first case, the process is considerably faster, if town hall does not request changes. If the process is more sensitive, it is convenient to request only the approval of architecture with town hall and external entities, and only later to deliver the engineering project, avoiding unnecessary costs for the client.

After the deferment and delivery of the builder documents, the applicant can apply for a Construction Permit. After the works are completed, the promoter delivers the work book and respective documents and requests the Use License to town hall.


SITUATIONS IN WHICH A LICENSE IS APPLIED

The Licensing is an urban procedure regulated and approved by the Juridical Regime of Urbanization and Edification (RJUE) - Decree-Law nº 555/99 of December 16. An application for licensing is required in the following cases:

Land not covered by a land subdivision operation
Land without a specific municipal plan for a given area
Land without any Detail Plan
Real estate classified or being sorted
Buildings or land integrated in areas covered by Classification


INSTRUCTION

In both instructions it is essential that the request be well informed and well-founded so as to enable the objectives that are meant to be achieved in an organized manner without unnecessary setbacks. Each town hall has its method of instruction, from delivery in physical format, such as deliveries in digital format. The second method is more and more used today, taking advantage of the technological functions of the ID Card to make digital signatures, taking advantage of the digital features of computer file types, in order to simplify and shorten the term of the process.