Suspension of Works: Preventive Strategies and Solutions to Resolve Urban Planning Irregularities
- Ana Carolina Santos
- Nov 19
- 4 min read
The embargo of construction works represents one of the most complex and costly situations a property owner can face during a building project. This administrative measure, although necessary to ensure urban legality, can be avoided by adequate knowledge and careful planning.
What is a Construction Embargo?
The embargo is an immediate suspension measure for construction, building, urbanization, or demolition works, applied by the Mayor when irregularities are found in compliance with legal norms. This administrative decision has immediate and comprehensive effects over the entire work.
Situations Leading to an Embargo
Legal grounds for suspension
The RJUE establishes three main situations justifying the embargo:
Absence of license: Works carried out without the necessary license or prior communication
Non-compliance with the project: Execution not in accordance with the approved project or conditions
Norm violation: Failure to comply with applicable legal and regulatory norms
More vulnerable works include:
Unlicensed extensions
Unauthorized alterations to the original project
Buildings on land without adequate infrastructure
Works exceeding approved urban parameters
Constructions affecting easements or public spaces
How the Embargo Process Works
Notification Procedure
The embargo process follows a strict legal sequence:
Detection of irregularity: Municipal inspection identifies the infraction during routine inspections or complaints.
Immediate notification: The embargo order is communicated to:
The person responsible for technical direction of the work
The license holder
The property owner
Those executing the work on site
Official report: An official document is drawn up containing:
Identification of responsible official
Date, time and place of the inspection
Legal and factual reasons for the embargo
Current work status
Suspension deadline
Legal consequences of non-compliance
Immediate Effects of Embargo
Total or partial suspension of works
Cessation of license or prior communication effectiveness
Prohibition of electricity, gas and water supply
Suspension of deadlines in the license
Mandatory registration in the land registry
Essential Preventive Strategies
Before Works Start
Comprehensive document verification
Confirm validity of all licenses
Validate project compliance with territorial management instruments
Ensure fulfillment of imposed conditions
Verify existence of administrative easements
Qualified Professionals Selection
Hire experienced architects and engineers
Choose contractors with proven track records
Ensure competent technical direction
Verify professional liability insurance
During Execution
Rigid technical supervision
Regular quality control implementation
Document all work phases
Maintain close communication with Municipal Council
Conduct frequent self-inspections
Change management with prior authorisation and proper documentation
Corrective Measures upon Embargo
Immediate Response (First 24 hours)
Suspend all work immediately
Contact the responsible technician
Analyse the embargo report in detail
Identify specific irregularities
Situation Assessment
Determine if the work can be legalized
Evaluate feasibility of technical corrections
Calculate regularisation costs
Define the most appropriate resolution strategy
Resolution Strategies
Correction of irregularities ordered by the Mayor, establishing deadlines according to complexity, aiming to preserve viability, minimise costs, accelerate unlocking, and protect investment.
Formal request for license modification with updated project, technical justification, legal compliance demonstration, and detailed description of proposed corrections.
Deadlines and Expirations
Embargo expires automatically when definitive legal decision is made
Or after six months without decision, extendable once
Embargo suspends work execution deadlines, with correction deadlines restarting after favourable municipal decision
Economic and Legal Consequences
Direct Costs
Equipment and labour stoppage costs
Applicable fines and penalties
Material storage expenses
Site security costs
Costs for project modifications, municipal fees, and technical professionals
Possible demolition of irregular elements
Responsibilities
Coercive execution by Municipality if ignored, with all costs borne by infringer
Mandatory total or partial demolition if regularisation impossible, after hearing the interested party with 15 days to respond
Special Cases and Exceptions
Partial Embargo
Embargo may cover only part of the work, specifying the affected portion, allowing continuation of compliant areas, focusing correction efforts, and minimising economic impact
Urbanisation Works
For essential urbanisation works protecting third-party interests or ensuring proper urban order, Municipality may directly promote corrective works at license holder’s expense
Owners’ Rights
Right to Information
Stakeholders have right to be informed about process status, actions performed, applicable deadlines, and conditions for regularisation
Right to Hearing
Before demolition measures, prior hearing guaranteed, allowing 15 days for interested party to present reasons
Administrative Appeal
Embargo acts may be appealed administratively with decision in 30 days
Preventive Measures by Work Type
New Construction
Verify compliance with municipal plans and territorial instruments
Respect mandatory setbacks and infrastructure adequacy
Confirm land use compatibility
Extensions and Alterations
Precisely quantify expansion areas
Verify urban indices compliance
Maintain architectural characteristics
Ensure access and parking adequacy
Rehabilitation Works
Identify protected heritage elements
Verify specific rehabilitation constraints
Confirm compliance with regulations and accessibility standards
Role of Responsible Professionals
Technical Direction of the Work
Continuous supervision ensuring conformity with approved project
Immediate communication of any deviations
Keeping technical documentation updated
Project Author
Legally responsible architect or engineer
Project legal adequacy
Alteration monitoring
Technical assistance
Final conformity certification
Technology and Monitoring
Digital Tools
Work management systems
Digital platforms for execution control
Mobile apps for photographic records
Project-execution comparison software
Automatic alert systems
Electronic documentation with digital archives and communication backups
Preventive Monitoring
Regular audits by independent professionals
Photographic reports
Periodic compliance measurements
Technical audits
Relations with Authorities
With Municipal Services
Regular contacts and clarifications
Timely communication of changes
Collaboration in inspections
During Embargo Process
Transparent and collaborative stance
Providing all required documents
Proposing constructive solutions
Strictly respecting deadlines
To Consider
Although a significant challenge, embargo should not be seen as an insurmountable obstacle. Prevention with proper planning, competent supervision, and strict legal compliance is the best strategy. If embargo occurs, response must be rapid, grounded, and focused on effective irregularity resolution, involving municipal authorities and specialised professionals, respecting deadlines. Urban legislation complexity and ongoing changes demand expert guidance at all project phases. Investing in specialised consultancy is minimal compared to costs of delays or damages. Legal, compliant construction is not only a legal obligation but guarantees investment value and owner peace. Every compliant work contributes to balanced, sustainable territorial planning.
