Detailed Plan vs. Prior Communication: How detailed planning simplifies Urban Processes

In Portugal, the urban licensing process has been evolving towards simplification, especially with the changes introduced by the Simplex Urbanístico. A common question among property owners and developers concerns the impact that a valid detailed plan (Plano de Pormenor) has on the type of administrative procedure required for their urban operation.

An example of a "Plano de Pormenor" for a residential area in Loures illustrates this concept

What is a Plano de Pormenor?

The Plano de Pormenor (detailed plan) is a territorial planning instrument that develops and specifies in detail the proposals for the occupation of a specific municipal area. It rigorously defines urban parameters such as alignments, building footprints and volumes, land uses, and other constraints that must be respected in urban operations.

Fundamental distinction: Licensing vs. Prior Communication

Licensing is the traditional procedure, characterized by several sequential steps and a detailed analysis by the Municipal Council. This process is obligatory for:

• Land subdivision operations in areas not covered by a detailed plan with specific characteristics

• Construction, alteration, or expansion works in areas without a detailed plan or subdivision operation

• Interventions in classified properties or those under classification

• Works in areas subject to administrative easements or public utility restrictions

Prior Communication is a simplified and faster route, applicable when urban rules are clearly defined. Works subject to prior communication include:

• Land subdivisions in zones covered by a Plano de Pormenor published after 7 March 1993

• Urbanization works in areas with a valid Plano de Pormenor

• Construction, alteration, or expansion works in areas covered by a detailed plan

  
  

"When urban parameters are already established in a plan, administrative control can be significantly simplified."

When does the Plano de Pormenor exempt the need for Licensing?

For a detailed plan to exempt licensing, it must comply with specific requirements set by the Regime Jurídico da Urbanização e Edificação (RJUE):

• The plan must have been published after 7 March 1993

• Contain detailed urban design

• Include subdivision into plots

• Define the maximum number of housing units

• Establish implementations and programming of urbanisation and building works

Operations covered by the simplification shift include:

• Subdivision operations

• Urbanisation works and land remodeling

• Construction, alteration, or expansion works

Total exemption from Prior Control

The Decree-Law No. 10/2024 introduced a significant novelty: subdivision operations in areas covered by a Plano de Pormenor with registration effects are now fully exempt from prior control. This means they require neither licensing nor prior communication.

Other exemption situations include:

• Conservation works

• Interior alterations not affecting structure

• Works of limited urban significance

• Reconstruction works that do not increase facade height

• Operations preceded by favourable prior information

Practical advantages of simplification

For developers:

• Significant reduction of deadlines from months to days or weeks

• Lower procedural complexity with a single documentation submission

• Greater predictability due to clearly defined urban rules

• Reduction of administrative and financial costs

For the administration:

• Optimisation of human and technical resources

• Reduction of procedural load

• Greater administrative efficiency

• Focus on inspection rather than exhaustive prior control

Practical considerations

Prior analysis is crucial. Before starting any urban operation, it is essential to verify:

• The existence and validity of the detailed plan

• Compliance with specific legal requirements

• Compatibility of the intended operation with the plan provisions

• Need for external entity opinions

Technical responsibility

Process simplification requires greater responsibility from the involved technicians through:

• More comprehensive responsibility terms

• Declarations of conformity with planning instruments

• Commitment to compliance with applicable legislation

Subsequent supervision

The simplification model relies on strengthened post-factum supervision, where works may be subject to:

• Measures ensuring urban legality

• Sanctions in case of non-compliance

• Suspension and demolition if necessary

Reflection

Simplifying urban processes via detailed, properly elaborated plans represents a positive evolution in Portuguese territorial management. This paradigm shift—from exhaustive prior control to effective subsequent supervision—requires greater accountability from all participants.

A detailed and legally robust Plano de Pormenor offers a significant competitive advantage for territorial areas, providing faster procedures and legal security for investments. For owners and developers, understanding these dynamics can mean the difference between a project advancing swiftly or becoming entangled in lengthy bureaucratic procedures.

Ongoing transformations in Portuguese urbanism point toward a future where rigorous upstream planning gradually replaces ad-hoc downstream control, benefiting the entire value chain of the real estate and construction sector.

If you need clarification on your specific project, expert advice is available to help identify the most appropriate procedure, ensuring legal compliance and process efficiency. Contact us for a personalised consultation and discover how we can support fast-track and secure your project.