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 that underpinned that reform.
For investors and real estate developers, this new regulatory framework offers opportunities but also imposes greater responsibility, as it reinforces the accountability of both professionals and landowners.
The most significant changes fall into three areas:
(i) Legal certainty
- Urban development permits are now more robust and better documented.
- The period for declaring licensing acts null has been reduced from 10 years to 3 years.
- The real estate transaction regime now requires an express statement on whether a permit exists, under penalty of annullability.
- The automatic embargo effect previously triggered when the licence holder was served in a Public Prosecutor’s administrative action challenging the relevant urban-planning act was removed.
(ii) Expedited proceedings
- Licensing deadlines have been restructured.
- The control period applicable to prior communications has been reduced from 10 years to 1 year.
(iii) Strengthened stakeholder accountability
- Developers and technical experts now assume greater responsibility for ensuring that the projects comply with the applicable rules. Statements of liability are now separate, particularly in relation to use-related matters.
This guide provides a comprehensive overview of these changes compared with the Simplex 1.0 regime. It highlights their practical implications for anyone investing in Portugal’s real estate sector.
Our Real Estate and Urban Development team is available to answer any questions about how the new regime may apply to your project or operation.