Key changes for developers and real estate investors
Decree-Law 108/2026 (Urban Planning Simplex 2.0) further develops the regime established by Decree-Law 10/2024 (Simplex 1.0), while preserving the simplification rationale underpinning that reform.
Since publication, the legislation has been rectified (Declaration of Rectification 29-A/2026/1), with formal and substantive corrections, and amended by Decree-Law 155-B/2026 of July 31 (“Decree-Law 155-B/2026”). Decree-Law 155-B/2026 postponed the entry into force of the main provisions from August 3 to October 1, 2026. The legislation was also further regulated by Ordinance 320/2026/1 of July 31, which approved the mandatory templates for applications, communications and statements of responsibility, together with the required supporting documents. We have consolidated all these changes in this version of the guide.
For investors and real estate developers, this new regulatory framework creates opportunities but also imposes greater responsibilities, strengthening the self-accountability of both professionals and landowners.
The most significant changes fall into three areas.
First, legal certainty:
- Urban development permits are more robust and better documented. The new forms approved by Ordinance 320/2026/1 include a summary of the operation, proof of payment of fees, and notice of the decision or, in cases of tacit approval, proof of submission.
- The period for declaring licensing acts void has been reduced from 10 years to 3 years.
- The real estate transaction regime now requires an express statement on whether a permit exists, failing which the transaction may be annulled.
- The automatic embargo effect previously triggered when the license holder was served in a Public Prosecutor’s administrative action challenging the pertinent urban planning act has been removed.
Second, procedural speed:
- Licensing periods have been restructured.
- The control period applicable to prior communications has been reduced from 10 years to 1 year.
Third, stakeholder accountability is strengthened:
- Developers and professionals assume greater responsibility for ensuring that projects comply with the applicable rules. Statements of responsibility are now differentiated, particularly for use.
This guide—now updated to reflect Declaration of Rectification 29-A/2026/1, Decree-Law 155-B/2026 and Ordinance 320/2026/1—provides an integrated overview of these changes, compared with the Simplex 1.0 regime. It highlights their practical effects for those investing in Portugal’s real estate sector.
Our Real Estate and Urban Development team remains fully available to answer any questions about how the new regime applies to your project or operation.