Parliament approved last Friday, with the votes of the PSD, CDS-PP and PS, changes to the diploma that allows reclassifying rustic soils in urban, for housing, part part intended for “affordable lease” and construction to “controlled costs”.
Decree-Law 117/2024 of 30 December, which amends the Legal Regime of Territorial Management Instruments (RJIGT), allowing the simplified reclassification of rustic land in urban, for housing construction, entered into force on January 29.
In the context of his parliamentary assessment, changes were approved to the diploma, despite votes against arrival, liberal initiative (IL), PCP, Left Bloc, Free, PAN, non -registered deputy and a socialist deputy, and abstention from a socialist deputy.
The BE submitted, before the global final vote, an invitation to call the plenary of changes that it proposed in the context of the discussion in the specialty of parliamentary assessment to the diploma that alters the RJIGT.
But the proposal that the reclassification for urban soil “cannot cover soils in sensitive areas, national ecological reserve or national agricultural reserve” was rejected in the plenary with the votes against the PSD, CDS-PP, IL, arrives and deputy not registered and abstention of the PS and PCP, as well as the discrimination of the various areas where reclassification is prohibited, also souvenir.
Among the main proposals for change of PS approved with the understanding of the PSD is the replacement of the concept of housing of “moderate value” – used by the government – by “accessible lease” or “at controlled costs”.
The special reclassification regime ensures that at least 700/1,000 of the total construction area above ground is intended for “public housing, accessible lease” or “controlled cost housing” and “exist or guaranteed general and local infrastructures”.
The reclassification should also be “compatible with the local housing strategy, housing municipal letter or housing exchange, when existing”, and “complementary uses are considered all functionalities regarding dependence or complementarity for the purpose of housing, and cannot be conflicting”.
The territorial criterion of “contiguity with urban ground, as a consolidation and coherence of urbanization to be developed with the existing urban area” was also ensured.
Soil reclassification cannot cover areas of the National Ecological Reserve (REN), such as, among others, terrestrial and coastal protection maritime bands, beaches, shoes, coastal dunes and fossil dunes, cliffs, water and lakes courses, albids and zones threatened by the sea and floods, but now also “strategic areas of infiltration and protection and recharge” “High risk of soil water erosion” and “slope instability”.
Reclassification cannot yet include “lands classified as class A1 or classified soils” as class A and B, that “they should be maintained as a national agricultural reserve ()”, and in areas integrated in REN and RAN should, by opinion of municipal services or other entity, be planned and executed “safeguarding measures of fundamental natural values and functions”, and “prevention and mitigation of risks to people and goods ”.
But in the specialty, the proposal was impaired in the vote, in RAN, reclassification in rustic soils classified as class A, B, C, CH, D or and was accompanied by a detailed technical report, with environmental, social and economic impact analysis, among other demonstrations.
In reclassification should be demonstrated the impact on existing infrastructures, as well as the charges of reinforcing these infrastructures and their maintenance, as well as the “economic and financial viability”, with identification of those responsible for financing and “demonstration of contractualized financing and public investment sources”.
Deputies approved the revocation of the possibility of building housing for the accommodation of agricultural workers outside the existing urban areas, but refused that the reclassification of rustic soils has “exceptional character, limited to cases of lack of available urban areas.”
The increase of 20% of the construction index, when intended for affordable lease or housing at controlled costs, the need for non -binding opinion of the Coordination and Regional Development Commission (CCDR) in non -exclusively public property soils, and the convening procedural conference prior to the issuance of opinion were also enshrined.
The law, which prevails “for four years” and “retroacting on December 31, 2024”, goes to promulgation by the President of the Republic and eventual subsequent publication. LFS // JLG
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