The Portuguese building regulation system: a critical review

Abstract

Purpose

The purpose of this paper is to provide a critical review of the building regulations and the building control system in Portugal. The organisation, content, and authorities responsible for building regulations are described and an overview is provided of the main stages of the building permit procedure.

Design/methodology/approach

The paper reviews the relevant legal and regulatory provisions and discusses these in the context of commentary published by the various professional associations.

Findings

The Portuguese building regulation system has undergone significant changes in the last 20 years. Almost all building regulations currently in force are approved during that period. Some of these are resulted from the implementation of European Directives. Others are changed due to advances in scientific knowledge. Changes in the building control system have mainly been driven by the changing demands of present‐day practice, in particular, the absence of sufficient municipal technicians, and the need to expedite building control procedures. The solution has been to move away from public building control and to make private parties responsible for compliance with building regulations. The paper concludes that, although there have been significant improvements in the building regulation system over recent years, two structural problems nevertheless persist. First, building regulations continue to be complex and fragmented, and second the qualifications of technicians are still not adequately defined.

Originality/value

A structured overview of the system is provided and the main weaknesses are identified. The proposals for change are suggested by professional associations are summarised, and possible improvements are suggested.

Citation

Branco Pedro, J., Meijer, F. and Visscher, H. (2009), "The Portuguese building regulation system: a critical review", International Journal of Law in the Built Environment, Vol. 1 No. 2, pp. 156-171. https://doi.org/10.1108/17561450910974759