The Government has approved, in the Ministers Council, a decree that makes the Land Law more flexible, allowing municipalities to release land, including rustic plots, for the construction of public or "moderately priced" housing.
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The Land Law will be simplified to enable municipalities to release land for housing construction, including land classified as rustic, allowing for construction, building, and urbanization. The primary goal of this exceptional regime is to increase the housing supply.
This measure is part of the Construir Portugal ("Building Portugal") program, announced last May, which aims to "ease land-use rules by creating an exceptional regime that allows municipal bodies – ultimately the municipal assembly – to authorize construction, building, and urbanization in areas where it is currently not allowed, specifically on land classified as rustic and land designated as REN [National Ecological Reserve] and RAN [National Agricultural Reserve], but not in their most critical zones", explained the Minister of the Presidency, António Leitão Amaro.
The amendment to the Land Law aims to promote various types of affordable housing. Among the goals outlined in the Government's initial program are the promotion of controlled-cost housing, affordable rentals, temporary housing (strengthening BNAUT), and the provision of homes for specific public functions, such as teachers, security forces, agricultural workers, industrial workers, and tourism sector employees.
According to the Government, 70% of this construction must be designated for public housing or moderately priced housing, excluding luxury housing.
António Leitão Amaro also stated that this measure will protect the most sensitive natural areas, including the Natura 2000 network (areas for the conservation of habitats and endangered species), high-potential agricultural land, and other risk zones, as "the most sensitive areas (…) are excluded from this possibility."
The decree promotes an amendment to the Legal Framework of Territorial Management Instruments (RJIGT) and aims to address the growing need for dignified and affordable housing. It now proceeds to "hearings with the National Association of Portuguese Municipalities and other entities."
"The aim is to establish a special regime for reclassifying land as urban, with the majority of the area mandatorily allocated to public housing or moderately priced housing. The concept of moderately priced housing, newly created, seeks to include middle-class access, considering median values of local and national markets to ensure social justice. This exceptional regime, applicable through municipal bodies' deliberations, does not include the most sensitive areas in terms of risks, nature conservation, and high agricultural potential", stated the Ministers Council' statement of November 28, 2024.
This legislative amendment represents a significant change in land-use planning policies, giving municipalities a greater role in promoting housing.
Article by Isabel Meireles, dated December 3, 2024
