Presidência do Conselho de Ministros (Presidency of the Council of Ministers)
Decree-Law
(This is not an official translation of the law)
The XXI Constitutional Government recognises, under its political priorities, the crucial role of housing and rehabilitation for the improvement of the quality of life of the population, for the revitalisation and competitiveness of cities and for social and territorial cohesion.
In this context, the Government defined, as one of its strategic goals, the creation of conditions for rehabilitation to be the main form of intervention in terms of buildings and urban development.
The shifting of rehabilitation from being the exception to the rule implies integrated intervention in various fields. Indeed, the boosting of the rehabilitation of buildings requires that this should benefit from an updated legal framework appropriate to its particularities. This means reconciling the legitimate expectations in terms of adjustment to current standards of safety, habitability, comfort and simplification of the process of rehabilitation, with the principles of environmental sustainability and protection of the built heritage, in a broad sense.
To this end, the Government created, by Resolution of the Council of Ministers 170/2017 of 9 November, the project named «Reabilitar como Regra» [Rehabilitation as a Rule] (RcR). This project's main objective is to submit a proposal with a view to the «review of the legal and regulatory framework for construction, in order to adjust it to the requirements and specificities of rehabilitation», reconciling the «[...] current standards of safety, habitability, comfort and simplification of the process of rehabilitation, with the principles of environmental sustainability and protection of the built heritage, in a broad sense».
This project started in November 2017, through the signing of the Protocol of Collaboration between the Fundo Ambiental [Environmental Fund], the Laboratório Nacional de Engenharia Civil [National Civil Engineering Laboratory or LNEC], the Instituto da Habitação e da Reabilitação Urbana, I. P. [Institute of Housing and Urban Rehabilitation], and the Instituto Pedro Nunes [Pedro Nunes Institute] of Universidade de Coimbra [Coimbra University], and was monitored by a network of focal points, composed of 23 public and private entities of the sector.
As the project has been completed with its final report having been submitted, it is now imperative to conduct a review of the legal framework for construction and approve a framework that takes into account the requirements and specificities of the rehabilitation of buildings.
Thus, the fundamental principles for the rehabilitation of buildings and building units are defined, which all rehabilitation operations should observe, with a view to reconciling the improvement of the conditions of habitability with responsible and proportionate solutions in terms of respect for their pre-existence and for environmental sustainability.
For this purpose, it is proposed that the functional requirements of housing and built constructions should be defined together in an ordinance, creating clear rules for the rehabilitation of buildings or building units.
Likewise, in the area of structural safety, this decree-law establishes that there must be a definition of the situations in which the rehabilitation of buildings is subject to the preparation of a report on the assessment of seismic vulnerability and possible strengthening of the buildings. This should contribute to ensure that these interventions safeguard issues of structural safety, thus taking precautions with regard to a concern that has been progressively expressed by the scientific community in relation to this sensitive issue.
The aim is to ensure that whenever works are carried out in buildings of a high position of importance in seismic terms, and whenever signs of structural deterioration are detected, or that give rise to structural changes or changes of use, an assessment is made of seismic vulnerability. This should also take place in all large-scale interventions.
These measures arise in articulation with the replacement of the national structural regulations by the Structural Eurocodes, which implies the revocation of the former, integrated in this decree-law, and the enshrinement of the latter, under conditions to be defined by order. This regulatory change, albeit of a broad scope, is indispensable for the measures to be endorsed in the area of seismic vulnerability, as both the actions and the methodology of analysis and reinforcement are part of the aforesaid Eurocodes.
In the area of safety against fire in buildings, the decree-law currently in force recognises, in its preamble, the impossibility of application of the legislation to many of the existing buildings; a limitation which it contributes to correcting by creating the possibility of application of alternative and non-prescriptive methods of verification of fire safety. However, neither are the conditions of access to this possibility duly defined, nor have any alternative methods been approved, up to date.
The present decree-law clarifies and further elaborates on the situations in which it is possible to use this prerogative and determines the immediate publication, by LNEC, of a method that had already been developed and is now adapted to the new context which gives the designers and licensing entities full powers to use flexible and proportionate measures, ensuring safety against fire and respecting the general principles for the rehabilitation of buildings, hereby enshrined in this decree-law.
Concerning thermal behaviour and energy efficiency, the aim is to reconcile the objectives of a rational management of energy consumption, pursuant to the principles of energy efficiency, with the assurance of comfort and salubrity of the housing for the habits and lifestyles of the country, while also driving the progressive and proportionate improvement of the thermal performance of the housing units.
Regarding acoustic behaviour, the innovation presented in this decree-law focuses on the creation of appropriate and sufficient acoustic conditions in the buildings to be rehabilitated, through, once again, the fundamental principles that should guide the rehabilitation of buildings: protection and valorisation of the pre-existing constructions, environmental sustainability, and proportional and progressive improvement.
Likewise, as to the accessibility of buildings, up to date there is no suitable legal framework for interventions in existing buildings, meaning that it is frequently not feasible to apply the measures currently directed towards new construction. Accordingly, it is important to reconcile the improvement of accessibility in existing residential buildings with their constructive and architectural features, while simultaneously seeking to address the concerns of environmental nature, which is not possible with predominantly prescriptive regulations.
Thus, a model of progressive improvement of the conditions of accessibility for a broad spectrum of users is endorsed, ensuring that the existing situation is never worsened and that, even in the smallest intervention, it is possible to contribute to a gradual improvement of the conditions of accessibility, bearing in mind that the ultimate goal of any intervention is the improvement of the living conditions of people.
Hence, a framework is defined that is applicable to the rehabilitation of buildings or building units, establishing the fundamental principles that should preside over the entire rehabilitation of the built heritage, so as to ensure the best articulation possible between the performance of the buildings, in view of current expectations of comfort and safety, the protection and valorisation of the existing buildings, environmental sustainability, and proportional and progressive improvement, for each of the technical areas, laying down the conditions for the rehabilitation of buildings to shift from being the exception to the rule, and become the predominant form of intervention.
By creating a framework as a rule, it is no longer necessary for there to be an exceptional and temporary framework. As a consequence, this led to the revocation of Decree-Law 53/2014 of 8 April, which approved an exceptional and temporary framework for the rehabilitation of buildings, exempting this rehabilitation from a series of technical rules for construction without any need for additional justification other than the age of the buildings.
Under the work developed by the network of focal points of the RcR project, written contributions were received from the Associação Nacional de Municípios Portugueses [National Association of Portuguese Municipalities].
As such:
Under the terms of subparagraph a) of number 1 of article 198 of the Constitution, the Government decrees the following:
CHAPTER I
General provisions
Article 1
Object
1 - The present decree-law establishes the framework applicable to operations of rehabilitation of buildings or building units.
2 - This decree-law also proceeds with the:
a) Second amendment to Decree-Law 220/2008 of 12 November, amended by Decree-Law 224/2015 of 9 October;
b) Sixth amended to Decree-Law 118/2013 of 20 August, amended by Decree-Laws 68-A/2015 of 30 April, 194/2015 of 14 September, 251/2015 of 25 November, and 28/2016 of 23 June, and by Law 52/2018 of 20 August;
c) Second amendment to Decree-Law 129/2002 of 11 May, amended by Decree-Law 96/2008 of 9 June;
d) Third amendment to Decree-Law 163/2006 of 8 August, amended by Decree-Law 136/2014 of 9 September, and 125/2017 of 4 October;
e) Fifth amended to Decree-Law 123/2009 of 21 May, amended by Decree-Law 258/2009 of 25 September, by Laws 47/2013 of 10 July, and 82-B/2014 of 31 December, and by Decree-Law 92/2017 of 31 July.
Article 2
Scope of application
1 - The provisions in this decree-law are applicable to rehabilitation operations carried out in buildings or building units, whenever they are intended to be entirely or predominantly allocated for residential use, under the following terms, according to the different design specialities:
a) To the functional requirements of the housing unit and the building as a whole, when the respective building permit was issued before 1 January 1977;
b) In the context of safety against fire in buildings, when the previous monitoring procedure applicable to their construction occurred on a date prior to the entry into force of Decree-Law 220/2008 of 12 November;
c) In the context of thermal behaviour and energy efficiency in buildings, when the previous monitoring procedure applicable to their construction occurred on a date prior to the entry into force of Decree-Law 40/90 of 6 February;
d) In the context of acoustic requirements in buildings, when the previous monitoring procedure applicable to their construction occurred on a date prior to the entry into force of Decree-Law 129/2002 of 11 May;
e) In the context of accessibilities in buildings, when the previous monitoring procedure applicable to their construction occurred on a date prior to the entry into force of Decree-Law 163/2006 of 8 August, including the situations established in the transitory provision laid down in article 23 of the same decree-law;
f) In the context of the installation of telecommunications infrastructures, when the building permit was issued before 1 January 1977.
2 - The analysis of seismic vulnerability, established under the terms of article 8, is applicable to rehabilitation operations irrespective of the original construction date.
Article 3
Definitions
For the purposes of this decree-law, the following definitions are applicable:
a) «Rehabilitation operations» are rehabilitation interventions carried out in buildings or building units which consist of the following urban operations, as defined in the Legal Framework for Urbanisation and Buildings, approved by Decree-Law 555/99 of 16 December, as currently worded:
i) Alteration works;
ii) Reconstruction or expansion works, to the extent that they are conditioned by pre-existing circumstances that preclude compliance with the applicable technical legislation;
b) «Entirely or predominantly allocated for residential use» means buildings or building units in which at least 50% of their area is intended for housing and complementary uses, namely car parks, storage rooms or social uses.
CHAPTER II
Fundamental principles of the rehabilitation of buildings or building units
Article 4
Principle of the protection and valorisation of the existing constructions
1 - Action on the existing buildings must always include a concern for the appropriate preservation and valorisation of the existing constructions, as well as its combination with improved performance, which should always guide any rehabilitation intervention.
2 - The protection and valorisation of the existing constructions is based on the recognition of their values:
a) Artistic or aesthetic;
b) Scientific or technological; and
c) Sociocultural.
3 - The values referred to in this article are particularly important in current buildings through their architectural, constructive and spatial features, which are reflected in their singularity and expression as a whole, in their constructive and functional coherence, in their appropriateness to lifestyles, and in their recognition by the community.
Article 5
Principle of environmental sustainability
1 - The rehabilitation activity should be directed towards the mitigation of its environmental impact, undertaking to preserve natural resources and biodiversity, with particular incidence on reduction of the extraction and processing of raw materials, waste production and emission of hazardous gases.
2 - The rehabilitation of buildings contributes to environmental sustainability by increasing the useful life of the buildings, and should prioritise the reuse of construction components, the use of recycled materials, the reduction of waste production, the use of materials with low environmental impact, the reduction of greenhouse gas emissions, improved energy efficiency and the reduction of energy needs, including the energy incorporated in the actual construction, as well as the use of renewable energy sources.
3 - At the end of the useful life of construction components or part, once all the maintenance and rehabilitation solutions have been exhausted, priority should be given to deconstruction or dismantlement actions, in order to meet the objectives established in the previous number, in detriment of demolition, even if selective.
Article 6
Principle of proportional and progressive improvement
1 - Improvement of quality of life and habitability should underlie all the interventions in the existing buildings, being achieved gradually and in proportion with the nature of the intervention to be carried out, in which the most appropriate measures should be of an increasing profoundness as the scale of the intervention becomes larger.
2 - The interventions in the existing buildings should take into account a cost-benefit ratio, defined in a broad sense, following different perspectives:
a) short and long-term;
b) Financial, social and cultural;
c) Individual and collective;
d) Local community and with an overall vision, considering the region, the country and the planet.
CHAPTER III
Rehabilitation operations
Article 7
Rehabilitation of buildings or building units
1 - The rehabilitation operations carried out in buildings or building units referred to in subparagraph a) of number 1 of article 2, are subject to the functional requirements of the housing unit and the building as a whole to be established by ordinance of the Government member responsible for the area of rehabilitation.
2 - Operations of alteration of use in which the predominantly residential function is maintained are only subject to the rules contained in the ordinance referred to in number 1 when this is explicitly established therein.
Article 8
Assessment of seismic vulnerability
1 - Expansion, alteration or reconstruction works are subject to the preparation of an assessment report on the seismic vulnerability of the building, under terms to be established by ordinance of the Government member responsible for the area of rehabilitation.
2 - The ordinance referred to in the previous number also establishes the situations in which the preparation of a seismic reinforcement project is required.
CHAPTER IV
Legislative changes
Article 9
Amendment to Decree-Law 220/2008 of 12 November
Article 14-A of Decree-Law 220/2008 of 12 November, in its current wording, shall henceforth be as follows:
«Article 14-A
[...]
1 - The provisions in the present decree-law, under the terms of the legal framework for urbanisation and buildings, approved by Decree-Law 555/99 of 16 December, in its current wording, are applicable to urban operations relating to buildings, or their building units, and enclosures, constructed under the previous legislation, under the terms established in the following numbers.
2 - The applicability of some provisions of the technical regulations referred to in article 15 may be waived when their application is manifestly disproportionate, under the principles laid down in the decree-law that establishes the framework applicable to the rehabilitation of buildings or building units, by decision of the competent entity for the appraisal of the SCIE [Safety Against Fire in Buildings] project.
3 - In the cases foreseen in the previous number, the designer determines the safety measures against fire to be implemented in the building, based on suitable grounds presented in the descriptive document of the SCIE project, using methods of analysis of the conditions of safety against fire or risk analysis methods, recognised by the ANEPC [National Autoridade Nacional de Emergência e Proteção Civil - National Emergency and Civil Protection Authority, or using a method published by LNEC.
4 - ANEPC is responsible for defining and publishing the fundamental features that must be observed by the methods that may be recognised in the context of the previous number.»
Article 10
Amendment to Decree-Law 118/2013 of 20 August
Article 30 of Decree-Law 118/2013 of 20 August, in its current wording, shall henceforth be as follows:
Article 30
[...]
1 - The existing residential buildings are subject to thermal behaviour requirements when targeted for intervention, under the terms established in articles 28 and following, and to system efficiency requirements whenever there is an installation of new technical systems in buildings or the replacement or improvement of existing systems, to the extent that this is possible from the technical, functional and/or economic point of view.
2 - [...].
3 - [...]»
Article 11
Amendment to Decree-Law 118/2013 of 20 August
The following addition shall be made to article 29-A of Decree-Law 118/2013 of 20 August, in its current wording:
«Article 29-A
Singular situations in rehabilitation operations
1 - In the cases foreseen in number 5 of article 28, in number 5 of article 29 and in number 1 of article 30, involving rehabilitation operations in buildings or building units, entirely or predominantly allocated for residential uses, as defined in the decree-law that establishes the framework applicable to the rehabilitation of buildings or building units, the requirements stipulated by ordinance of the Government member responsible for the area of rehabilitation are applicable.
2 - The methodology established in the ordinance referred to in the previous number is conducted according to the type of building and the cost of the intervention, where this cost is calculated under terms defined by ordinance of the Government member responsible for the area of rehabilitation.
3 - The singular situations in rehabilitation operations referred to in number 1, when applicable, shall be substantiated and recognised under the principles laid down in the decree-law that establishes the framework applicable to the rehabilitation of buildings or building units.»
Article 12
Amendment to Decree-Law 129/2002 of 11 May
Article 5 of the Regulation on Acoustic Requirements of Buildings, approved by Decree-Law 129/2002 of 11 May, in its current wording, shall henceforth be as follows:
«Article 5
[...]
1 - [...].
2 - [...].
3 - [...].
4 - [...].
5 - [...].
6 - [...].
7 - [...].
8 - Rehabilitation operations in buildings or building units, entirely or predominantly allocated for residential uses, as defined in the decree-law that establishes the framework applicable to the rehabilitation of buildings or building units constructed under the previous legislation, are subject to the following:
a) Alteration works or expansion works, relative to the pre-existing part, are subject to the technical rules established by ordinance of the Government member responsible for the area of rehabilitation, when they are clearly more appropriate, according to the principles laid down in the decree-law that establishes the framework applicable to the rehabilitation of buildings or building units;
b) Expansion works, relative to the expanded part, and reconstruction works are subject to the provisions in this article, except in cases where there are strong constraints due to the need for coherence with the pre-existing building, in which case, the provisions in the ordinance referred to in the previous subparagraph are applicable.
9 - The application of the technical rules, under the terms established in the previous number, shall always be substantiated by the designer on the grounds presented in the descriptive document and appraised by the competent entity for approval of the project».
Article 13
Amendment to Decree-Law 163/2006 of 8 August
Article 2 of Decree-Law 163/2006 of 8 August, in its current wording, shall henceforth be as follows:
«Article 2
[...]
1 - [...].
2 - [...].
3 - The technical rules on accessibility are also applicable to residential and predominantly residential buildings, which are considered buildings in which at least 50% of their area is intended for housing and complementary uses, namely car parks, storage rooms or social uses.
4 - [...].»
Article 14
Amendment to Decree-Law 163/2006 of 8 August
The following addition shall be made to article 9-A of Decree-Law 163/2006 of 8 August, in its current wording:
«Article 9-A
Intervention in existing residential buildings
1 - Urban operations to be made in the buildings referred to in number 3 of article 2, when constructed before the entry into force of the present decree-law, including the situations established in the transitory provision presented in article 23, are subject to the provisions in the following numbers.
2 - The measures defined in the design method to improve the accessibility of persons with reduced mobility in existing residential buildings, to be established by ordinance of the Government members responsible for the areas of inclusion of disabled persons and housing, in conformity with the principles laid down in the decree-law that establishes the framework applicable to the rehabilitation of buildings or building units, are applicable under the following terms:
a) For alteration works, to the entirety of the intervened area;
b) For expansion works, to the pre-existing part.
3 - The application of the method referred to in the previous number shall be substantiated by the designer on the grounds presented in the descriptive document and appraised by the competent entity for approval of the project.
4 - The expanded areas of expansion work and the reconstructed areas of reconstruction work are subject to the provisions in the annex to this decree-law, where the design method referred to in number 2 may be exceptionally applicable in cases where there are strong constraints due to the need for coherence with the pre-existing building, or if compliance with one or more specifications of the technical rules of the aforesaid annex is impractical. In this case, the designer should present these grounds in the project descriptive document, for appraisal by the competent entity for the approval.»
Article 15
Amendment to Decree-Law 123/2009 of 21 May
Article 59 of Decree-Law 123/2009 of 21 May, in its current wording, shall henceforth be as follows:
«Article 59
[...]
1 - [...].
2 - [...].
3 - [...].
4 - [...].
5 - [...].
6 - In the buildings covered by the scope of application of subparagraph f) of number 1 of article 2 of the decree-law that establishes the framework applicable to the rehabilitation of buildings or building units, only the installation of the following telecommunications infrastructures is mandatory:
a) Spaces for the pipelines of the riser column of the building;
b) Pipeline networks required for any subsequent installation of various equipment, cables and other devices;
c) Pathway overhead and entrance for underground cables;
d) Cabling systems in copper twisted pair, coaxial cable, for distribution of sound and television signals of type A and in fibre optic.
7 - The pipelines referred to in the previous number should ensure the connection of the public communications networks and infrastructures outside the building to the interior of the building and, in the case of the infrastructures stipulated in subparagraphs b) and d), to one of the larger dry rooms of each building unit.»
CHAPTER V
Other provisions
Article 16
Application of the Structural Eurocodes
The conditions for the application of the Structural Eurocodes to building structural projects are defined by order of the Government member responsible for the area of construction.
CHAPTER VI
Final provisions
Article 17
Regulations
1- Within the period of 60 days counted from the date of publication of this decree-law, the following regulatory diplomas shall be approved:
a) Ordinance that defines the functional requirements of the housing unit and building applicable to rehabilitation operations carried out in buildings or building units with a building permit issued before 1 January 1977, whenever they are intended to be entirely or predominantly allocated for residential use, to be approved by the Government member responsible for the area of rehabilitation;
b) Ordinance that defines the terms under which expansion, alteration or reconstruction works are subject to the preparation of an assessment report on seismic vulnerability, as well as the situations in which the preparation of a seismic reinforcement project is required, to be approved by the Government member responsible for the area of rehabilitation;
c) Ordinance that defines the requirements of urban rehabilitation operations in buildings or building units, entirely or predominantly allocated for residential use, in the cases established in number 5 of article 28, in number 5 of article 29 and in number 1 of article 30 of Decree-Law 118/2013, of 20 August, as currently worded, under the terms established in number 1 of article 29-A, of the decree-law, as amended by the present decree-law, to be approved by the Government member responsible for the area of energy;
d) Ordinance that proceeds with the publication of standard costs, defined by technology, system or constructive element that enable quantifying the cost of the interventions for rehabilitation operations, under the terms established in number 2 of article 29-A of Decree-Law 118/2013 of 20 August, as amended by the present decree-law, to be approved by the Government member responsible for the area of rehabilitation;
e) Ordinance that establishes the technical rules of the acoustic requirements in existing residential buildings, to be approved by the Government member responsible for the area of rehabilitation;
f) Ordinance that defines the design method to improve the accessibility of persons with reduced mobility in existing residential buildings, to be approved by the Government members responsible for the areas of inclusion of disabled persons and housing;
g) Order that establishes the conditions for the use of the Structural Eurocodes in building structural projects, by the Government member responsible for the area of construction.
2 - Within the period referred to in the previous number, Laboratório Nacional de Engenharia Civil, I. P. shall publish the method referred to in number 3 of article 14-A of Decree-Law 220/2008 of 12 November, as amended by the present decree-law.
Article 18
Repeal
1 - Decree-Law 53/2014 of 8 April, in its current wording, is revoked.
2 - The following regulations are revoked:
a) Regulation on Safety and Actions for Buildings and Bridges Structures, approved by Decree-Law 235/83 of 31 May, with respect to its application to structures for buildings;
b) Regulation on Reinforced and Prestressed Concrete Structures, approved by Decree-Law 349-C/83 of 30 July, with respect to its application to concrete structures for buildings;
c) Regulation on Steel Structures for Buildings, approved by Decree-Law 211/86 of 31 July;
d) Regulation on Safety of Constructions Against Earthquakes, approved by Decree 41658 of 31 May 1958.
Article 19
Reinstatement
Decree-Law 650/75 of 18 November is reinstated, since the date of its revocation.
Article 20
Transitional regime
Prior control procedures of urban rehabilitation operations of buildings or building units pending on the date of entry into force of the present decree-law are subject to the provisions in Decree-Law 53/2014 of 8 April.
Article 21
Enforcement
The present decree-law shall enter into force 120 days after its publication.
Seen and approved at the Council of Ministers of 4 July 2019. - António Luís Santos da Costa - Eduardo Arménio do Nascimento Cabrita - José António Fonseca Vieira da Silva - Pedro Nuno de Oliveira Santos - João Pedro Soeiro de Matos Fernandes.
Enacted on 11 July 2019.
To be published.
The President of the Republic, Marcelo Rebelo de Sousa.
Countersigned on 12 July 2019.
The Prime Minister, António Luís Santos da Costa.
