The new RJUE (DL 108/2026): five changes with impact on real estate development
The revision of the Legal Regime for Urbanisation and Building (RJUE) is no longer a proposal: Decreto-Lei n.º 108/2026 was published on 29 May and enters into force on 3 August 2026, applying to new applications and to pending ones still at the preliminary-check stage. For developers and investment funds, it redefines the rules of risk management — and the final version corrects figures that circulated during the discussion of the draft.
The 5 changes with impact on your next project
- Prior notification without preliminary check — fees paid, works starting; error becomes the developer’s risk.
- Shortened decision deadlines — 20 days for the preliminary check, 30 for the architecture, 45 for subdivisions.
- Nullity reduced to 3 years — not 1 year, as was read during the draft stage.
- Standardised planning title — with mandatory mention in deeds.
- Reinforced accountability — of those involved in the works and of the municipality itself.
1. Prior notification: full self-responsibility
Prior notification loses the preliminary-check phase — the initial administrative screening of the application — and formally ceases to be prior control. Once the notification is submitted, the fees paid and the start date notified, the operation moves forward — the municipality can no longer request additional elements before execution, and has one year for the successive control of conformity.
Investment impact: the start is faster, but municipal powers shift to inspection during and after the works. A design with regulatory flaws exposes the asset to embargo and costly corrections — which reinforces the importance of the design team’s technical rigour.
2. Shortened decision deadlines — and silence with consequences
| Procedure phase | Deadline (DL 108/2026) |
|---|---|
| Preliminary check and screening | 20 days (10 for corrections) |
| Assessment of the architectural design | 30 days (+30 by extension) |
| Final deliberation — building and demolition | 20 days |
| Subdivision | 45 days |
| Urbanisation works | 30 days |
Source: Antas da Cunha Ecija — amendment to the RJUE (DL 108/2026).
Investment impact: tacit approval gains operational force — the proof of submission now counts as an element of the planning title. Every month of permitting saved is financing cost out of the model; we covered that arithmetic in the article on IRR and ROI in real estate development.
3. Nullity: 3 years — the correction worth knowing
During the discussion of the draft law there was talk of reducing the nullity period «from 10 years to 1 year». The final version is different — and it pays to be rigorous:
The administrative declaration of nullity of permits and prior information decisions now has a 3-year period; what lapses in 1 year is the successive control of the conformity of prior notifications.
Source: Decreto-Lei n.º 108/2026, of 29 May — Diário da República
Investment impact: even so, it is a huge gain in legal certainty compared with the previous 10 years. After 3 years, the asset’s permitting consolidates — which eases fund structuring and access to financing on better terms.
29 MAY 2026
publication of DL 108/2026
3 AUG 2026
entry into force
+ 1 YEAR
successive control of the PN lapses
+ 3 YEARS
nullity consolidated
The calendar worth fixing — from publication to the asset’s legal consolidation.
4. Planning title: liquidity and transparency
The «alvará» returns in the form of a standardised planning title — composed of the summary application, the proof of payment of the fees and the notification or proof of submission. Deeds and transfer contracts must now expressly state whether the property holds a title.
Investment impact: faster due diligence and less post-sale litigation. The asset’s planning status becomes readable at the moment of the transaction — which distinguishes, in the price, assets with well-prepared processes.
5. Accountability: the risk changes hands
The decree reinforces the accountability of those involved in the planning operation and provides for the civil liability of municipalities for illegal acts in the procedures. Less prior control does not mean fewer consequences — it means later consequences, for whoever errs.
Investment impact: the choice of the design team becomes, above all, a risk-management decision, not merely a cost decision.
“With less prior control, design quality stopped being an aesthetic matter — it became the investment’s insurance policy.”
Tiago R. Correia
Architect
The right calendar for your next investment
Between today and 3 August there is a relevant decision window: pending applications still at the preliminary-check stage on the date of entry into force transition to the new regime. It pays to plan the submission — and, before buying any asset, to validate feasibility rigorously.
Three practical moves for this window: close the coordination of engineering disciplines early (under the new framework, a favourable qualified PIP requires their delivery at the start of the works); anticipate the external consultations that do not depend on the municipality; and organise now the planning-title dossier of each asset in the portfolio — it will define liquidity at the next transaction.
Evaluating an asset? LANDSCOPE delivers the planning reading and the building potential from 48 hours — before the promissory contract (CPCV).
Frequently asked questions
Does the new regime apply to my ongoing application?
It applies to procedures started after 3 August 2026 and to those which, on that date, are still at the preliminary-check and screening stage.
Is the PIP still worth it?
Yes. It remains the planning due-diligence instrument par excellence before an acquisition — and a favourable qualified PIP allows starting with the engineering designs delivered at the beginning of the works.
When does everything come into force?
The decree was published on 29 May 2026 and the amendments to the RJUE take effect on 3 August 2026, the first working day of the third month after publication.
Do you have a portfolio asset to assess under the new rules?
We integrate the planning analysis, the design and the procedural coordination from day one — so that the new RJUE’s greater speed comes with the rigour that sustains it. Also see the complete 2026 permitting guide.
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