Legal certainty and professional duties under RJUE

The revised Legal Framework for Urbanisation and Building (RJUE) enters into force on 1 October 2026. Approved by Decree-Law No. 108/2026 of 29 May, its commencement was postponed by Decree-Law No. 155-B/2026 of 31 July. The reform seeks to address difficulties in applying the 2024 "Urban Planning Simplex", combining faster procedures with legal certainty in urban planning decisions.


From formal checks to effective responsibility

One of the main changes concerns the balance between administrative control and the responsibilities of those involved. Under the regime still in force, prior notification does not provide genuine prior scrutiny. Before work begins, municipal authorities generally only check that the required documents have been submitted.

The revised RJUE seeks to resolve the uncertainty created by this model. Under prior notification, the applicant assumes effective responsibility both for submitting the supporting documents and for full compliance with applicable laws and regulations. Declarations of responsibility also become more important in demonstrating that designs and works meet technical requirements.


Greater autonomy, greater demands

For professionals, this change reinforces their duties of diligence, rigour and independence. Simplification may cut waiting times and administrative costs, but places greater weight on the quality of designs and signed declarations.

Compliance with planning, building and regulatory requirements depends even more on the work carried out before an application is submitted.

Greater autonomy therefore calls for a preventive approach and appropriate internal risk controls.

Before submission, it is essential to check the design against land-use plans, municipal regulations, administrative easements, public-interest restrictions and all other applicable rules. Professionals must ensure that their declarations reflect an actual legal and technical review of the design and retain documentary evidence of the solutions adopted. Keeping their knowledge current thus becomes part of risk management.


Professional liability insurance

Ministerial Order No. 320/2026 of 31 July approved new templates for declarations of responsibility. These now require details of professional liability insurance.

Greater responsibility for professionals may lead to changes in underwriting terms and insured amounts, especially for higher-risk activities or projects. It is therefore important to confirm that the cover is appropriate to the nature and scale of the work.


A change in culture

The revised RJUE marks a cultural shift. Under prior notification, there is no longer an expectation that the municipality will screen a project before work begins. Professionals play an even more important role in ensuring compliance with planning law.

Simplification offers an opportunity to speed up investment, but requires professionals to be more rigorous, keep better records and recognise the responsibility attached to the declarations they sign.