The Portuguese building regulation system: a critical review

• Author: João Branco Pedro
• Position: LNEC – National Laboratory for Civil Engineering, OTB Research Institute for Housing, Urban and Mobility Studies, Delft University of Technology, Delft, The Netherlands

1 Introduction

The construction sector is strategically important in every country. It provides the buildings and infrastructure on which modern living depends, and impacts greatly on people's safety and health. The sector is also socio-economically important, since it is an important generator of employment and stimulates development in other economic sectors. Finally, construction is closely related to sustainable development, as significant quantities of raw materials are consumed by the construction process, and operating the built environment also accounts for a significant proportion of natural resources consumed.

A well-organised building regulation system is therefore crucially important. A building regulation system encompasses building regulations and the building control system. Building regulations set down baseline regulatory standards to ensure that buildings are safe, healthy, energy efficient, and accessible for everyone who lives and works in and around them. The building control system then ensures that these standards are applied and enforced ( Communities and Local Government, 2008 ).

This paper will present an analysis of the Portuguese building regulation system. The purpose here is to provide a general overview, highlight proposals for change, identify the main weaknesses, and suggest possible improvements. We have examined the main building regulations and the manner in which they are enforced. A review of the appraisals issued by professional associations within the construction sector was also carried out, in order to establish which themes are the subject of public debate. On the basis of the information collected, the main problems of the Portuguese building regulation system were identified and suggestions for improvements were put forward.

This research has been carried out as part of a European comparative research project currently underway at the OTB Research Institute for Housing, Urban and Mobility Studies ( Meijer and Visscher, 2008 ). The project is divided into two phases. In the first phase (2007 and 2008), the aim is to describe the building regulation system in 35 European countries. For each country a monograph is being prepared which addresses the following subjects: the position of building regulations within the legislative system of the countries, the scope and contents of the building regulations that regulate the minimum level of quality for buildings, the building permit procedures, and the main features of the building control system. In the second phase (2009), a comparison of the information collected will make it possible to detect trends and developments taking place in the building regulation systems of the European countries.

Following this introductory section, the Portuguese building regulations are described in Section 2 and the building control system is presented in Section 3. Finally, in Section 4 an assessment of the system is presented and some practical recommendations about how to improve it are given.

2 Building regulations

2. 1 Organisation

In Portugal there is no single Building Act which serves as a legal basis for building regulations and procedures, and defines the duties and responsibilities of the parties involved. The general building regulation is the main national building regulation, which sets out general provisions for building, regarding construction, health, safety, and aesthetics¹. This regulation has been in force since 1951 and, despite several minor amendments, no fundamental revision has been approved. In addition, there are more than 45 national building regulations and other regulatory documents that focus on specific requirements. Almost all of these building regulations and regulatory documents were passed during the last two decades. Some of these building regulations have been the consequence of implementing European Directives². while others have been changed due to advances in the scientific knowledge.

In addition, there are other national regulations which set down provisions on construction and/or operational provisions for different types of buildings, which must be observed to ensure that the building can be used for the intended purpose. Social housing, nurseries, homes for the elderly and stadiums, for example, are required to meet specific building regulations.

There are no building regulations at the regional level within Portuguese continental territory. However, the two autonomous regions of Azores and Madeira can approve regional regulations and are also entitled to adapt the building regulations approved by Central Government to local circumstances. There are also municipal building regulations which complement national ones. These deal with subjects of municipal competence and local traditions and uses.

As a result, Portuguese building regulations are complex and fragmented. The Architects Association (2006a) described Portuguese building regulations as chaotic, claiming that they are scattered across about 1,000 legal documents. These characteristics make it difficult to have a comprehensive knowledge of the building regulations and to apply them. Architects and engineers are particularly concerned by this situation since they are responsible for ensuring that plans comply with building regulations.

The general consensus among politicians and technicians is that the general building regulation is outdated and needs urgent review ( Engineers Association, 2006 ). However, the 2006 proposal to review this regulation was severely criticised by both architects' and engineers' associations. Rather than a simple review of the regulation, a complete reorganisation of the system was demanded. The Architects Association (2006a) recommended the following actions to improve building regulations: a single act should stipulate the key goals for construction, one coherent document should group together the main technical building regulations, and the general building regulation should be revised to fit into this model. After the negative reactions to the 2006 proposal, no further developments on this subject have come to public knowledge.

The state acknowledges the need to reorganise building regulations, since that is an objective expressed in law since 1999³. Given the impossibility of pursuing this objective immediately, the law has established that every year a ministerial order should be published with a list of the Portuguese legal provisions to be observed by the technicians responsible for developing and executing designs. This measure was intended to be provisional, but has been in force for almost ten years. According to the law, the municipalities must have available on their internet site an up-to-date list of the municipal regulations⁴. Successive governments did not engage in the intended reorganisation of the building regulations, apparently because it is a long and complex technical process and there have been other political priorities.

2. 2 Formulation

Some recently published building regulations are performance-based⁵, but most existing ones adopt a prescriptive formulation⁶. More performance-based regulations are expected to be approved in the near future. For example, Eurocodes will replace the current building regulations on mechanical resistance and stability, and new fire safety regulations will replace the several separate regulations in this area. There is no official supporting documentation explaining the regulations in general terms. The national standards are not part of the building regulations and are not accessible free of charge. Some building regulations make direct reference to specific national standards that are mandatory, but even these mandatory national standards are not accessible free of charge. A Resolution of the Council of Ministers states that, whenever possible, building regulations should establish general principles and standards should include detailed information⁷. However, these guidelines have not been followed in recently approved regulations. The last proposal to review the general building regulation, for example, was criticised for being too detailed and prescriptive ( Architects Association, 2006a ; Engineers Association, 2006 ).

2. 3 Authorities responsible

The fragmentation of building regulations is due to several reasons. One of them is that each ministry takes the initiative to develop national building regulations within its area of responsibility, whether separately or with other ministries. The Ministry for Public Works, Transport and Communications and the Ministry of Economy were involved in the preparation of most of the national building regulations. However, several other ministries have also participated in the preparation of national building regulations. Another reason for the fragmentation is that regional regulations are approved by the regional assemblies, and municipal regulations are approved by the municipal councils⁸. Such locally applicable regulations are subject to a period of public discussion before their approval, but not to review or approval by the national authorities. The fragmentation of the building regulations occurred although most of the national building regulations, with the exception of those on building services (e.g. water supply and sewage systems, electrical, and gas services), were drawn up under the...