Renovation of prior information: When regulatory changes require updates

When we obtain a favourable prior information from the Municipal Council, we often think we have an acquired right that will allow us to proceed with our project during the validity period. However, the legal reality can be more complex, especially when regulatory changes arise during that period.

Analysis and presentation of an Architectural Project

The legal framework of Prior Information

Prior information is an optional procedure that allows one to obtain, from the Municipal Council, information about the viability of carrying out a certain urban planning operation. This mechanism is a fundamental tool for urban planning and offers legal security to the interested parties.

Favourable prior information has binding effect: competent entities are bound in their decision regarding a possible licensing application and in the successive control of urban planning operations.

Validity and duration of effects

With the changes introduced by Decree-Law No. 10/2024 (Urbanistic Simplex), the validity period of prior information was extended to two years after the favourable decision. This period may also be extended for one more year through a revalidation procedure.

Situations requiring updating

The issue of updating prior information becomes particularly relevant when there are subsequent regulatory changes, that is, changes in legislation or municipal regulation that may affect the viability of the approved project.

Regulatory changes during validity

When new urban standards arise—whether through municipal, intermunicipal, or special territorial planning plans—during the validity period of prior information, the situation requires careful analysis. The RJUE establishes specific protection: licensing or prior communication procedures required or submitted on the basis of prior information within areas to be covered by new urban planning rules are not suspended from the start of public discussion to entry into force of the new instrument.

Principle of Protection of the Existing

Portuguese legal order enshrines the principle of protection of the existing, whereby buildings constructed under previous rights are not affected by subsequent legal and regulatory rules. This principle may analogically apply to situations of prior information already issued.

When updating is necessary

Updating prior information becomes necessary in various circumstances:

• Changes to territorial management instruments affecting the property

• Approval of new municipal regulations with direct impact on the project

• Modification of applicable urban indices

• Introduction of new easements or public utility restrictions

• Change of technical constraints (infrastructure networks, accessibility)

Revalidation process

When the two-year prior information period nears its end, or when significant regulatory changes occur, the interested party may request revalidation. This procedure allows obtaining a “declaration that the factual and legal assumptions leading to the previous favourable decision remain,” thus guaranteeing the continuity of effects for an additional year.

Practical consequences of not updating

Failure to update prior information when necessary can have significant consequences:

• Loss of binding effect of the initial decision

• Necessity to submit a new application with possible different results

• Application of potentially more restrictive new regulations

• Delays in project development

• Additional redesign costs

Practical examples of critical situations

Imagine you obtained favourable prior information for a detached house with certain construction indices. If, during the validity period, the Municipal Council approves a new Municipal Master Plan reducing those indices for the zone, it may be necessary to update prior information to verify if rights remain.

Updating prior information is not just a bureaucratic formality, but a legal protection mechanism that ensures maintaining urban planning rights against regulatory changes.

Risk management strategies

To minimize risks associated with regulatory changes, it is recommended:

• Regular monitoring of territorial management instruments

• Following public discussions of new plans

• Periodic assessment of the need for revalidation

• Timely action before expiry of validity period

• Seeking specialised professional advice in case of doubts

The importance of timing

Timing is crucial. The law protects procedures initiated before new rule enforcement, but this protection is not automatic and requires timely action by the interested party.

Updating procedure

The updating or revalidation process should be initiated with due anticipation:

• Analysis of current regulatory situation

• Verification of the need to update

• Preparation of necessary documentation

• Submission of revalidation request

• Monitoring process until decision

To consider

Prior information is a valuable right in urban project development but its effectiveness depends on adequate management in the face of regulatory changes. Timely updating is not just an option but a strategic necessity to maintain acquired rights. The increasing complexity of urban regulatory framework makes specialised professional support essential. Do not hesitate to seek technical advice when faced with potential conflicts between acquired rights and new regulatory provisions. Careful planning and timely action are the best tools to protect your investments and ensure the success of your real estate projects. Updated prior information is the foundation of any successful development.

Need specialised technical support to manage your prior information or assess the impact of regulatory changes on your project?

AC-Arquitetos has the necessary experience to advise you on the best strategies. Contact us for a personalized consultation and protect your urban rights safely and competently.