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Decree Law No. 105/2018


Publication: Republic Diary No. 230/2018, Series I of 2018-11-29
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 105/2018
  • Pages: 5440 - 5444

Summary in plain english

What is it?

This decree-law puts into practice the transfer of powers, regarding housing, from the central administration to the municipalities, just as provided by law.

The National Assembly decided, upon Government decision, to transfer powers from the State to the local autarchies and municipal entities. In order to put this into practice, it is necessary that decree-laws like this one establish in detail how it shall be executed.

What is going to change?

The municipalities now have the powers to:

    • Manage urban lease and urban rehabilitation support programmes on a national and regional level
    • The municipal councils may now manage urban lease and urban rehabilitation support programmes on a national and regional level; select candidates, drawn up and monitor the execution of the contracts with the selected and manage the money derived from these programmes.

    • Manage the properties for social housing which are part of the State’s housing stock, which now belong to the municipalities
    • The municipalities are now the owners and may manage the properties for social housing which are part of the State’s housing stock and which shall be used for, namely, lease at prices lower than the market prices (for instance, supported rent or social rent).

Urban rehabilitation is the State’s interventions through, for instance, works which improve and modernise the integrated spaces and localities.

The housing stock is the set of houses belonging to the State.

Social housing is the set of houses belonging to the State, which are given, on special conditions (for instance, low rents) to families with economic difficulties.

The city council may delegate their powers to municipal or intermunicipal companies.

How is the transfer of the houses’ ownership to the municipalities carried out?

The transfer of properties occurs with the signature of the transfer deed, carried out after the approval by the municipal assembly of the city council’s proposal.

The city council’s proposal is presented based on a report drawn up by an analysis commission established for this purpose (The commission has 180 days to elaborate the report).

Then, the houses are registered on the registry office on behalf of the municipalities.

The municipality may request a financial help to the State if it is necessary to undergo repairments on the properties, for instance.

What advantages does it bring?

This decree-law allows to improve the rehabilitation of the urban centres and to contribute for a greater offer of house leasing at affordable prices, as well as for a more efficient management of social housing.

It reinforces the proximity between the State and the citizens.

When does it enter into force?

This decree-law takes effect on 1 January 2019.

The municipalities which want to postpone the transfer of powers to 2020 shall inform the General-Directorate of Local Autarchies up to 60 days after this decree-law enters into force.

Original Version

LEGAL TRANSLATOR

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CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.