When municipal silence means approval: Understanding Tacit Approval in Urban Development Operations
- Ana Carolina Santos
- Nov 16
- 4 min read
Tacit approval is one of the most significant—and often misunderstood—mechanisms within urban development procedures in Portugal. In practical terms, it means that when the public administration fails to respond within the legally defined time limits, the request may be considered approved. This mechanism has gained particular importance following recent legislative changes designed to simplify and speed up licensing procedures.
What is Tacit Approval?
Tacit approval occurs when, after the legal deadline has expired for a public authority to issue a decision, no express ruling is made. Unlike the common saying “silence implies consent,” this principle does not generally apply in administrative law—except in specific instances, such as those foreseen for urban development operations.
Under Article 130 of the Code of Administrative Procedure (CPA), tacit approval applies when the law stipulates that the absence of notification of a final decision within the legal timeframe is equivalent to approval. It is considered effective if notification of the decision is not issued by the first working day following the deadline.
Scope of Application: Licensing vs. Prior Communication
The application of tacit approval depends on the type of procedure:
Licensing procedures (such as allotment operations or major construction works) traditionally did not allow silence to be interpreted as approval. Applicants could only request judicial intervention to compel the authority to act, following Article 112 of the RJUE.
Prior communication procedures operate differently: if the time limit expires without a response, the project may proceed, provided no reasoned rejection is issued.
The Simplex Urban Reform (2024)
The Decree-Law No. 10/2024 of 8 January introduced tacit approval for construction licences. This is a paradigm shift—if municipalities fail to respond within deadlines, projects may move forward without an explicit decision.
Tacit approval has now become a reality for construction licences, increasing the pressure on municipalities to meet deadlines and allowing stalled projects to proceed.
Timeframes for Tacit Approval Formation
The applicable time limits depend on project complexity:
120 days for construction, reconstruction, alteration, or extension of buildings up to 300 m².
150 days for works on properties between 300 m² and 2,200 m², including listed buildings.
200 days for urbanisation works, allotments, or buildings exceeding 2,200 m².
A crucial change: the countdown starts from the date of submission, not from the date the application is deemed complete. This reform significantly increases the accountability of licensing authorities.
Conditions for Tacit Approval
For tacit approval to take effect, several conditions must be met simultaneously:
Submission of a fully documented and legally compliant application.
Competence of the receiving authority.
Legal duty of the administration to decide.
Expiry of the legal period without an express decision.
If the submission is incomplete or clearly unlawful, municipalities may request corrections within 15 days under Article 11 of the RJUE).
Certification of Tacit Approval
A major innovation is the ability to request a certificate verifying tacit approval. This certificate is issued electronically by the Administrative Modernisation Agency (AMA), within eight working days, provided that:
The required conditions for tacit approval are met.
The authority confirms that no express decision was issued within three working days.
This digital certificate gives legal certainty to developers, enabling financing and project advancement based on official documentation.
Risks and Limitations
Although designed to simplify procedures, tacit approval comes with risks:
Revocation, Annulment, or Nullity
Tacit approval is an administrative act equivalent to an express decision, meaning it can be:
Revoked by the authority.
Annulled for illegality.
Declared null as per Article 161 of the Code of Administrative Procedure.
Authorities may later determine legal non-compliance, causing annulment or nullity, which introduces potential legal uncertainty for promoters and lenders.
Interpretation Disputes
Municipalities may challenge tacit approval based on differing interpretations of local plans (PDM) or other regulations, potentially leading to legal disputes.
Payment of Fees
Tacit approval does not depend on fee payment upfront, but unpaid fees remain due and may have later consequences.
Specific Procedures
Usage Authorisation
For occupancy licences, the decision deadline is 10 working days. If no decision is made in that time, tacit approval applies. Applicants may then seek judicial enforcement under Article 113(5) of the RJUE.
Land Allotment Operations
Traditionally excluded from tacit approval, these are now eligible under the 2024 reforms—provided deadlines and legal conditions are met.
Suspension and Interruption of Deadlines
Deadlines may be suspended when:
The process halts for reasons attributable to the applicant (e.g., missing documents).
External entities’ opinions or permits are pending, though specific rules govern these interactions. The countdown only stops when an explicit decision is officially notified.
Practical Guidance
For property owners and developers:
Ensure full documentation from the outset to avoid suspension of deadlines.
Track submission and expiry dates carefully.
Request the AMA certificate to confirm tacit approval legally.
Assess potential risks of later revocation before starting works.
Seek advice from qualified professionals (architects, engineers, or legal experts).
Key Considerations
Tacit approval strikes a balance between administrative efficiency and citizens’ rights. Its extension to urban development licences marks major progress in streamlining procedures, but also demands greater diligence from both municipalities and developers. The introduction of electronic certification strengthens reliability, though understanding its conditions and risks is crucial to prevent future conflicts and ensure legally sound urban growth.
Are you planning a construction or expansion project? Do you have questions about licensing deadlines or the applicability of tacit approval to your case? The AC-Arquitetos team has the experience and technical expertise to support you through every stage of the urban planning process, from project design to obtaining the necessary permits. Get in touch with us for a personalised consultation and ensure your project progresses safely and in full compliance with the law.
