New extension for land classification review

Based on Decree-Law 45/2022 of July 8, the municipalities and associations of municipalities were expected to have finished including the land classification and qualification rules in the municipal and intermunicipal plans by December 31, 2023, as established in the Law on the Bases for Land, Zoning and Urban Planning (see our previous post).

However, following the approval of the fourth extension (Council of Ministers of December 21, 2023), Decree-Law 16/2024, published today, extends the deadline for including these rules until December 31, 2024.

According to the introduction to this decree-law and the information provided by the Directorate General for Territory:

• on November 30, 2023, just 24% of the mainland municipalities had completed the procedures for bringing their municipal plans into line with the Legal Regime on Territorial Management Instruments (RJIGT);
• 76% were still working on the relevant alteration/review procedures for their municipal plans; and
• 10% had not yet held the advisory committee meeting or the procedural conference.

Therefore, the decree-law gives the municipalities and associations of municipalities more time to include the classification and qualification rules in their municipal and intermunicipal plans, thus avoiding the suspension of current plan provisions and of EU and national applications and financial support.

Importantly, however, Decree-Law 16/2023 establishes a penalty for the 10% of municipalities that have not yet held the advisory committee meeting or the procedural conference. In these cases, if the first advisory committee meeting or the procedural conference has not taken place by May 31, 2024, due to the fault of the municipality or association of municipalities in question, their right to apply for EU and national financial support other than for health, education, housing or social welfare will be suspended.