Submitted:
12 February 2025
Posted:
13 February 2025
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Abstract
This communication reflects on the relationship and impact of housing policies on territorial policies, particularly municipal territorial policies. Initially, it reviews legislation that regulates territorial management instruments (TMI) to understand how sectoral housing policy flows into TMIs and how it integrates with municipal territorial strategy. This reflection is cross-referenced with identifying various levels of responsibility and competence for defining and implementing public housing policies. Until now, housing policy has been considered a central government prerogative, leaving municipalities with executive and operational tasks without territorial dimension. The current legislative framework is then examined to understand the current situation and opportunities represented by work done under the "1º Direito" program for territorial and urban planning. To this end, two third-generation Municipal Master Plan were ana-lysed in terms of the housing component, and it was concluded that in both, the integration of housing into territorial policies is incipient in one and somewhat significant in the other. The preparation of Municipal Housing Charters, as defined in the Basic Law on Housing, are the appropriate instrument for integrating housing as a strategic axis of territorial pol-icy. Monitoring these Charters' implementation, their incorporation into PDMs, and evaluating existing housing measures implementation will be important. The century-long housing problem indicates a lack of critical evaluation of public policies. In this sense, the LBH's implementation, particularly in its monitoring component materialised in the Annual Housing Report, will be fundamental.
Keywords:
1. Evaluation of Urban Planning Legislation
2. Current Legislative Framework
3. The Impact of ELH and of CMH on PDMs
4. Conclusions
| Date | Designation | Object | Content | Urbanism/Housing Correlation | Responsibility for its execution |
|---|---|---|---|---|---|
| 25-apr-18 | Decree-law 4/137 | Promoting the construction of affordable housing | Define: Economic houses; health committees; co-operatives | Construction cooperatives, administrative bodies, companies legally constituted for this purpose, industrial or mining companies, when they exploit any privilege or concession from the state, Caixa Geral de Depósitos and welfare institutions, misericórdias and assistance, charity or similar institutions. The state in special or urgent circumstances, | |
| 22-oct-28 | Decree-law 16/055 | Budget Houses | Given the limited results of Decree-Law 4/137, it extends tax incentives to private individuals and regulates prices and expropriation procedures. | “There have been many examples [of ‘cheap housing’ being built by the state and municipalities] in Portugal, where it was not and is not possible for the state to provide direct or indirect funding to building companies. What this period has proved most is that the work to be done cannot be carried out by the state administration or [...] by the municipalities.” (Decree no. 16 055, 1928, pp. 2166-7.) | |
| 23-sept-33 | Decree-law 23/052 | Budget houses | Defines the conditions for the construction, acquisition and distribution of affordable housing | ‘Article 1: The government is authorised to promote the construction of affordable housing, in collaboration with local councils, administrative bodies and corporate bodies’ | |
| 21-dec-34 | Decree-law 24/802 | General Urbanisation Plans | Obliges towns with more than 2,500 inhabitants, in two consecutive general censuses, to carry out topographical surveys and General Urbanisation Plans | “Since the government wants the sums spent on work of this nature, (...) to be of the most effective and lasting use, in fact being applied to the creation of public wealth, it is important to establish the general principles which, in matters of urbanisation, will serve to guide the municipal councils” | There is no mention of housing policy |
| 05-sept-44 | Decree-law 33/921 | General Urbanisation Plans | Extends the obligation to all municipalities | There is no mention of housing policy. | |
| 06-apr-45 | Decree-law 34/486 | Houses for the Poor | Demountable houses/solutions | Following DL 28/912 of 12 August 1938, which authorised the construction of 1000 houses in Lisbon; DL 33/278 of 24 November 1943, which authorised the construction of 1000 houses - 500 in Lisbon and 500 in Porto; DL 34/139 of 24 November 1949, which authorised the construction of 100 houses in Coimbra, this DL authorises the construction of 5000 houses built by the Misericórdias, financed by the State and the Unemployment Fund. | |
| 07-may-45 | Law 2007 | Affordable Rent Homes | Defines Economic Rent Houses, giving them tax benefits | Basis VI: Town councils must include areas for the construction of affordable housing in their Urbanisation Plans. They shall be responsible for the respective urbanisation and such plans shall always include sites for religious, cultural and welfare buildings, taking into account, as far as possible, ease of transport. |
Promoted by cooperative or anonymous societies, corporate bodies, or economic coordination bodies, social security institutions, public service concessionaires, industrial companies, and other suitable private law entities." This appears to be a legal or administrative text, likely from Portuguese, describing various types of organizations and entities that can promote or sponsor certain activities. |
| 04-nov-46 | Decree-law 35/931 | General Plans | Obliges respect for the Preliminary Urbanisation Plans approved by the Government | There is no mention of housing policy | |
| 07-apr-47 | Decree-law 36/212 | Houses withlimited rent | It defines ‘a new method of constructing income-generating buildings, based on the prior setting of a maximum total rent to be charged for residential flats, by granting exceptional facilities, both in the transfer of municipal land at affordable prices and not subject to competition, and in the exemption from siza on the purchase of the same land and on the first transfer of the buildings themselves and from property tax for a long period of twelve years. " | Private with supervision by local councils | |
| 28-may-69 | Decree-law 49033 | FFH | Creation of the FFH | The Ministry of Public Works must play a decisive role in implementing this national housing policy, since it must be implemented in coordination with urban planning. | The MOP is responsible for defining and implementing housing policy |
| 24-nov-70 | Decree-law 576/70 | Soils + | Defines land policy aimed at reducing the cost of building land: Expropriation; Surface rights; Ownership of flats; Limited companies for building affordable housing; Lease agreements | ‘(...) one of the main objectives was ‘the establishment of a land policy that makes it possible to dispose, in a timely manner and at non-speculative prices, of the land necessary for the realisation of urban and housing development plans’, admitting the possible need for special measures, such as the revision of the land valuation system and the legal rules aimed at preventing speculation.’ Article 27 - 1. Article 27 - 1. For each plan or each of its phases, the percentage of plots of land destined for affordable housing shall be fixed, in harmony with the circumstances, with an indication of the respective types or categories and the corresponding maximum rents. ’ | Article 21 - 1 Local authorities may choose, depending on the circumstances, the most appropriate measures or processes for obtaining the land necessary for the purposes referred to in article 19.(…) Article 45 - 1 Programmes or schemes for the distribution of plots of land relating to plans or projects to be carried out by local authorities which are of general or regional interest are subject to approval by the central administration, as are the general bases or conditions to be observed in the transfer of plots by agreement or direct agreement with the promoters of the projects.2. As long as there are no national or regional plans or programmes in the housing sector, the government may, whenever it deems it appropriate, impose the approval referred to in the previous paragraph for the implementation of municipal plans. |
| 23-jun-71 | Decree-law 278/71 | Demolition and regularisation of illegal immigrants | Requires the expropriation of clandestinely constructed buildings that are spared demolition for reasons of social interest, provided they present minimum conditions of safety and habitability. | Article 3 - 1. The State, through the Ministry of Public Works, shall take the initiative for expropriation, unless the municipality where the building is located declares that it intends to request it itself. (...) Article 6 Municipal councils may create and eventually municipalise the administration and conservation service for the buildings they acquire under this decree, as well as for any other buildings they own and which are intended for residential use. | |
| 17-dec-71 | Decree-law 560/71 | PU and PP's | Determines that the municipal councils of the mainland and adjacent islands are obliged to promote the drawing up of general urbanisation plans for the seats of their municipalities and other localities, in order to achieve their transformation and development according to the requirements of economic and social life, aesthetics, hygiene and traffic, with the maximum benefit and comfort for their inhabitants - Repeals Decree-Laws Nos. 33921 and 35931 | There is no mention of housing policy | |
| 17-dec-71 | Decree-law 561/71 | Defines the content of PU and PP's | The plan referred to in point c) of the previous paragraph must indicate, within each of the residential areas, the plots of land intended for. Single-family and multi-family houses, the latter even if for residential and other purposes, indicating their location and the number of floors | There is no mention of housing policy | |
| 06-jun-73 | Decree-law 289/73 | Allotments | devices the regime approved by Decree-Law 46643 regulating the intervention of the responsible administrative authorities in allotment operations | The fact is, however, that the great demand for housing land around the major centres, which ensures a high return on urbanisation operations, has given private initiative a dynamism that makes it surpass the activity of the Administration, which is all shaped by a healthy concern to respect rules designed to ensure that settlements have acceptable conditions for living together. | |
| 13-apr-06 | Decree-law 275/76 | Clandestine construction | Approves repressive measures for clandestine construction | It must be recognised, however, that the only way to effectively and with social justice halt this constant development of clandestine construction areas is for the public sector to quickly make land available in such a quantity as to provide the building plots needed to implement the plans for the accelerated elimination of the housing shortage. | Article 1 - (1) The municipal administration bodies responsible for granting allotment licences may take administrative possession of buildings located in urban or rural areas. |
| 05-nov-76 | Decree-law 794/76 | Soil Law | It defines the fundamental principles and rules on land policy (...)There was a concern to provide the Administration with effective instruments to, on the one hand, prevent property speculation and, on the other hand, allow for a rapid solution to the housing problem, following the new constitutional provisions. A number of principles with a social content that had already been considered necessary before 25 April 1974 were taken up again, but which were never put into practice because they clashed with the game of interests that prevailed at the time. | Article 6 1. In the implementation of any urban expansion, development or renovation plan, or the creation of new settlements, the number or percentage of dwellings to be built shall always be fixed, subject to the fixing or control of rents or sales prices, apart from those intended for social housing. Article 41 1. Critical areas for urban recovery and conversion may be declared to be those in which the lack or insufficiency of urban infrastructure, social equipment, open areas and green spaces, or the deficiencies of existing buildings, in terms of solidity, safety or health conditions, reach such severity that only the intervention of the Administration, through expeditious measures, can effectively remedy the inconveniences and dangers inherent in the aforementioned situations. |
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| 06-nov-76 | Decree-law 804/76 | Clandestine construction | Determines the measures to be applied to clandestine construction, as well as clandestine allotment operations | ‘This involves the detection and study of the various areas of clandestine construction, which, together with the implementation of the applicable measures, is entrusted to the competent local bodies with the assistance of the appropriate bodies and services of the Central Administration and the participation of the populations concerned. ’ | |
| 25-oct-77 | Law 79/77 | Local municipalities | No reference to competences in the area of housing, with the exception of issuing housing licenses | ||
| 03-may-82 | Decree-law 152/82 | ADUP's | Allows the creation of priority urban development and priority construction areas | The legislation enacted to develop a coherent and effective urban land policy was not sufficient to prevent the almost systematic use of urbanistically inadvisable areas for housing purposes and the non-utilization of land designated for this purpose in urban studies and plans. (...) Measures are established aimed at containing speculative practices, and municipal chambers themselves are pointed in the same direction, favouring builders who propose to provide housing at lower prices. | Municipal competence, with state monitoring |
| 26-may-82 | Decree-law 208/82 | PDM's | There is no mention of housing policy | ||
| 29-mar-84 | Decree-law 100/84 | local authority competences | There is no mention of housing policy | ||
| 02-mar-90 | Decree-law 69/90 | PMOT's | Regulates the legal framework for municipal territorial management plans | Article 5(2)(c): Determine housing shortages, framing appropriate guidelines and solutions within the framework of housing policy; Article 9(2): The municipal master plan establishes a spatial structure for the municipality's territory, land classification and urban indices, taking into account development objectives, the rational distribution of economic activities, housing shortages, equipment, transport and communications networks and infrastructure. | |
| 11-aug-98 | Law 48/98 | LBOT | Article 9(3) states that sectoral policy instruments are plans with a territorial impact that are the responsibility of the various sectors of the central administration, namely in the fields of transport, communications, energy and geological resources, education and training, culture, health, housing, tourism, agriculture, trade and industry, forestry and the environment. | ||
| 14-sept-99 | Law 159/99 | Transfer of competences | Establishes the framework for the transfer of powers and competences to local authorities | Article 13 Duties of municipalities: i) Housing; Article 24 Housing - Municipal bodies are responsible for: a) Making land available for the construction of social housing; b) Promoting low-cost housing and urban renewal programmes; c) Ensuring the upkeep and maintenance of private and cooperative housing, namely by granting incentives and carrying out coercive works to restore buildings; d) Encouraging and managing social rental housing; e) Proposing and participating in the feasibility of programmes to restore or replace dilapidated housing inhabited by owners or tenants. | |
| 22-sept-99 | Decree-law 380/99 | RJIGT | Legal Regime of Territorial Management Instruments | Sectoral programmes are the responsibility of the central administration a) Article 35(2) ‘Development plans, programmes and strategies concerning the various sectors of the central administration, namely in the fields of transport, communications, energy and geological resources, education and training, culture, health, housing, tourism, agriculture, commerce, industry, forestry and the environment; Content of PDMs paragraph 1 i) The definition of programmes in the area of housing; | |
| 30-may-14 | Lei 31/2014 | LBOT | Establishes the general bases for public policy on land, spatial planning and urban planning and makes exceptions for the planning and management of the national maritime space | Article 6(1): Specific purposes b) The balanced distribution of the functions of housing, work, culture and leisure; g) The application of a housing policy that allows existing shortages to be resolved; Article 14(2): Owners' duties: b) To provide legally required areas for infrastructure, equipment, public housing, at controlled costs or for affordable rent, green spaces and other spaces for collective use, or, in the absence or insufficiency of the provision of these areas, to compensate the municipality; Article 37 - Objectives of Territorial Management) The application of a housing policy that enables existing shortages to be resolved; Article 63 - Taxation of Real Estate and Article 65 - Objectives of redistributing benefits and burdens recognising public housing |
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| 14-may-15 | Decree-law 80/2015 | RJIGT | Sectoral programmes within the remit of the central administration Article 39(2) a) Development programmes and strategies relating to the various sectors of the central administration, namely in the fields of defence, public security, risk prevention and minimisation, the environment, water resources, nature conservation and biodiversity, transport, infrastructure, communications, energy and geological resources, culture, health, housing, tourism, agriculture, forestry, trade and industry; | ||
| 04-jun-18 | Decree-law 37/2018 | 1st Right - Support Programme for Access to Housing | The 1st Right is a public support programme to promote housing solutions for people who live in undignified housing conditions and who do not have the financial capacity to bear the cost of access to adequate housing. | Article 23 - It is the responsibility of the competent municipality to aggregate, assess and manage all requests for support under the 1st Right that are submitted to it in line with the strategy it has defined for the housing solutions it wishes to see developed in its territory, promoting the actions necessary to ensure universal, coherent and equitable access to these solutions for people and households living in undignified conditions and in a situation of financial need. Article 24 1 - IHRU, I. P. is responsible for managing and promoting the procedures necessary to grant financial support in accordance with existing budget availability and deciding on the financing of the housing solutions presented, as well as ensuring continuous monitoring and a biennial evaluation of the programme. | |
| 03-sept-19 | Lei 83/2019 | LBH | It establishes the foundations of the right to housing and the fundamental duties and tasks of the state in effectively guaranteeing this right to all citizens, under the terms of the Constitution. | Article 14:2, number 2 - The guarantee of the right to housing includes the existence of a habitat that ensures conditions of health, safety, environmental quality and social integration, allowing the full enjoyment of the housing unit and the spaces and equipment for collective use and contributing to the quality of life and well-being of individuals and to the establishment of neighborhood and community ties, as well as to the defense and enhancement of the territory and landscape, the protection of natural resources and the safeguarding of cultural and environmental values. Article 22(11) - The Municipal Housing Charter (CMH) is the municipal planning and land management instrument for housing, to be articulated within the framework of the Municipal Master Plan (PDM), with the other land management instruments and other strategies approved or planned for the municipal territory. | Chapter III Public housing and urban regeneration policies Section I National, regional and local housing policy: defines the responsibilities of the central, regional and local state |
| 08-jan-24 | Decree-law 10/24 | LBOT | Amends the Basic Law on Territorial Planning, considering public and social housing for the purposes of implementation mechanisms and instruments | Article 72-A: Simplified land reclassification procedure(...)9 - The procedure provided for in this article shall apply, with the necessary adaptations, to the reclassification of rustic land to urban land intended for controlled-cost housing or residential use, provided that it is provided for in:a) Local housing strategy; b) Municipal housing charter; orc) Housing stock exchange. Article 154 Soil reserve:1 - Territorial plans may establish soil reserves for the implementation of urban infrastructure, equipment and green spaces and other spaces for collective use, as well as public housing at controlled costs or for affordable rent. |
Abbreviations
| ADUP | Priority Urban Development and Construction Areas |
| CMH | Municipal Housing Charter |
| CMM | Municipality of Matosinhos |
| CMP | Municipality of Porto |
| EIDT | Integrated Territorial Development Strategies |
| ELH | Local Housing Strategy |
| FFH | Housing Development Fund |
| IGAPHE | Institute for Management and Disposal of State Housing Assets |
| IGT | Territorial Management Instruments |
| LBH | Basic Law on Housing |
| LBOT | Basic Law of Territorial Planning |
| MOP | Ministry of Public Works |
| PARU | Urban Regeneration Action Plans |
| PDM | Municipal Master Plan |
| PEDU | Strategic Urban Development Plans |
| PGU | General Urbanization Plans |
| PI | Integrated Plans |
| PP | Detailed Plans |
| PU | Urbanization Plan |
| RJIGT | Legal Regime of Territorial Management Instruments |
| SAAL | Local Support Service |
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