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"New projects obliged to provide space for public housing" (with Alexandre Roque)
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Jornal de Negócios January 29 2024

"New projects obliged to provide space for public housing" (with Alexandre Roque)

"New projects obliged to provide space for public housing" (with Alexandre Roque)

Alexandre Roque, from SRS Legal and also a specialist in urban planning, believes that "as it stands, this article cannot yet be implemented". In addition to the fact that the size of the concessions is unclear, other doubts arise, such as whether it applies "if the allotment is for an industrial park". What if the council decides that the space should be used for affordable housing, since the new rule also provides for this and this is a market where private individuals also enter?
In that case, "the developer keeps the plot as private and it can continue to be traded, but for that purpose".
One thing is certain, warns the lawyer: this new rule "could make construction more expensive", since "if one plot has a lower value, the value of the others will increase to compensate".
[...]
Alexandre Roque goes further: "For the time being, I think it's difficult to implement. It still needs to be regulated and, legally, it could be argued that it is not yet applicable." Even so, he warns, "it will generate legal uncertainty" and even if the local authorities don't go ahead with the requirement and approve new allotments without applying it, this won't prevent, for example, "popular actions challenging this approval or the filing of injunctions to the same effect".

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