Legal regime for the compulsory lease

Legal Alert no. 133

On November 5th, 2020, Law no. 68/2020, was published in the Portuguese Official Gazette authorizing the Government to amend Law no. 31/2014, of May 30th, and to approve the legal regime of forced lease.
Thus, and with reference to the legislative changes regarding the Law that establishes the general legal bases of soil policy, land use planning and urbanism, the Government is authorized to:

i. Extend the possibility of forced lease provided for in number 1, of article 36, of Law no. 31/2014 to situations of rural buildings subject to integrated operation of landscape management; and
ii. Extend the deadline until July 13th, 2021, so that the contents of the special land use plans in force can be included in the intermunicipal or municipal plans applicable to the area covered by them.

Additionally, the Government is also authorized to approve the legal regime of forced lease related to the outlined areas for the reconversion of the landscape on vulnerable territories that are object of integrated landscape management operations, in cases where the owners do not voluntarily manifest their intention to carry out the supported and foreseen planned interventions.
It should also be noted that the legislative authorization in question has a duration of 180 (one hundred and eighty) days.

To access the full text of Law 68/2020, of November 5th, please click here.