Preliminary Information and Technical Consultations: The Entities That Decide the Future of Your Project

Starting a construction, expansion, or alteration project in Portugal involves several administrative and technical stages. Among the most important tools available to anyone wishing to undertake an urban operation is the Preliminary Information Request (PIP). This optional procedure allows applicants to obtain, in advance, a clear response on the feasibility of the intended project, the applicable constraints, and the type of municipal control required.

However, a frequently overlooked aspect by those unfamiliar with urban planning is the role of external entities in the process. Numerous public bodies—from central administration departments to utility concessionaires—may be required to issue opinions on a project. How these consultations are conducted, who coordinates them, their timeframes, and the legal implications of their opinions are critical elements that can determine the success or delay of a proposal.

This article explains how the system of technical consultations within a preliminary information request works, identifying the entities involved, their respective roles, and the mechanisms that ensure coordination and efficiency.

What is a Preliminary Information Request?

The Preliminary Information Request, regulated by Articles 14 to 17 of the Legal Framework for Urbanisation and Construction (RJUE), is an autonomous procedure through which any interested party can ask the Municipal Council for information about:

• The feasibility of carrying out a specific urban operation or set of related operations

• Applicable legal or regulatory constraints

• Available and required infrastructures

• Administrative easements and public utility restrictions

• Urban indices, building heights, setbacks, and other design parameters

• Estimated municipal charges

The preliminary information may include details such as building volume, alignment, siting, architectural design, intended use, and public infrastructure requirements.

Binding Effects of a Favourable Decision

When a favourable decision is issued under a PIP, it binds the competent authorities when deciding any subsequent licensing or prior communication request for the same operation. If the request includes all the elements listed in Article 14(2) of the RJUE, the project may even be exempt from prior control, allowing immediate commencement of works after notifying the municipality.

A favourable preliminary information decision remains valid for two years from notification. Within this period, the applicant must begin the urban operation; otherwise, they may request an extension of the legal and factual conditions for one additional year.

Consultations with External Entities: When Are They Required?

One of the central issues in the preliminary information process is determining when consultation with external entities is required. Article 15 of the RJUE stipulates that external consultations are mandatory whenever they would also be required in a subsequent licensing or prior communication procedure.

Main Types of Consultations

• Location-based consultations: Required when the project affects administrative easements, public utility restrictions, or territorial constraints under the jurisdiction of central administration bodies, public institutes, or concessionaires with regulatory authority.

• Sectorial technical consultations: Concern aspects such as fire safety, accessibility, cultural heritage, environment, and public health, assessed by the corresponding specialised authorities.

Consultation Waivers

External consultation may be waived when:

• The project has already received a favourable preliminary opinion

• A land subdivision plan was previously approved

• A detailed plan has been approved, except where a safeguard plan explicitly requires consultation

External consultation may be waived when:

External consultation may be waived when:

• The project has already received a favourable preliminary opinion

• A land subdivision plan was previously approved

• A detailed plan has been approved, except where a safeguard plan explicitly requires consultation

Municipal Council

The Municipal Council is the licensing authority and the applicant’s first point of contact. Its responsibilities include:

• Receiving and analysing the request

• Identifying external entities to be consulted

• Coordinating consultations via the Electronic Platform for Urban Processes

• Issuing a decision within 20 to 30 days depending on complexity

• Notifying the applicant of the final decision

Regional Coordination and Development Commission (CCDR)

When a proposal affects multiple administrative easements or public utility restrictions, the competent CCDR acts as the coordinating entity.

The CCDR:

• Confirms all entities to be consulted

• Promotes simultaneous requests to the relevant bodies

• Consolidates all opinions and issues a binding overall decision

• May call a decision conference to resolve conflicting opinions

Specific External Entities

Depending on the location and nature of the project, consultations may involve:

• Directorate-General for Cultural Heritage (DGPC) – for classified buildings or protected areas

• Portuguese Environment Agency (APA) – for projects within the National Ecological Reserve (REN) or National Agricultural Reserve (RAN)

• Infraestruturas de Portugal (IP) – when affecting national roads or railways

• National Civil Protection Authority (ANEPC) – in risk situations

• Directorate-General for Energy and Geology (DGEG) – in cases involving high-voltage power lines or pipelines

• Utility providers – water, sanitation, electricity, telecommunications

Response Times and Procedures

Under Article 13 of the RJUE, external entities must reply within 20 days (40 days for projects involving classified heritage sites).

Tacit Approval

If no opinion or authorisation is received within the legal deadline, tacit consent applies, meaning the entity is deemed to have approved the request. This mechanism prevents undue delays.

Binding Nature of Opinions

Opinions are generally mandatory but non-binding unless explicitly stated by law and supported by legal constraints. Negative opinions submitted after the deadline do not prevent municipal approval.

Decision Conference

In cases of timely negative opinions, the CCDR may call a decision conference, gathering all parties to discuss objections, clarify technical issues, and reach a binding collective decision within 10 days.

Applicant-Led Consultations

According to Article 13-B of the RJUE, applicants may obtain required opinions in advance and attach them to their submission, provided they are less than two years old and conditions remain unchanged.

Electronic Urban Procedures Platform (SIRJUE)

All consultations take place via the SIRJUE Platform, which allows:

• Submission and tracking of requests

• Automatic identification of entities to be consulted

• Simultaneous consultation and updates

• Full digital traceability and interoperability with other government systems

Practical Advice for Owners and Developers

✓ Engage a qualified architect or engineer to prepare the request

✓ Respond promptly to any technical clarifications

✓ Participate actively in decision conferences

✓ Respect conditions set in conditional approvals

✓ Begin works within the validity period of the favourable decision

Challenges and Future Outlook

Despite progress brought by the RJUE reforms—such as the coordinating entity model, tacit approval, and decision conferences—challenges remain:

• System complexity

• Coordination difficulties between entities

• Poorly substantiated opinions

• Occasional delays despite legal deadlines

Ongoing efforts toward digitalisation, interoperability, and training aim to improve efficiency and consistency across municipalities.

In summary

The preliminary information request is a valuable instrument for anyone planning an urban development project in Portugal. It provides early certainty about feasibility, legal constraints, and required steps. Its success, however, depends heavily on the efficiency of consultations with external entities.

Understanding each authority’s role, deadlines, and the legal implications of their opinions is vital for anticipating obstacles, reducing processing time, and increasing the likelihood of approval. Transparency, preparation, and proactive coordination remain the keys to turning complex administrative procedures into a successful and timely project.