- 05 Nov
Construction Services New Licence Law
Construction Services New Licence Law – Major Changes
Law 41/2015, of June 3rd – Major changes to the Decree 12/2004, of January 9th
The Law 41/2015 of June 3rd introduced significant alterations to the license regime, of which some are listed below:
- There is now the need for two licenses and two certificates: License/Certificate of Public Works Contractor and License/Certificate of Private Works Contractor License
- The category of General Contractor/Constructor ceases to exist
- There are now more subcategories – 59 instead of 55 (for the Contractors)!
- Some of the categories/subcategories for the Public Works Contractors License are eliminated
- The entry and staying requirements for public works remain the same, but are reduced for the private works.
- The Licenses and Certificates are issued for indefinite time, however there is now an annual Unofficial Control.
- It is now demanded the payment of an annual fee, considering the largest class owned.
- Definition of less demanding requirements for Businesses established in other States.
- Modification of the value of the rates (Decree 261 – A/2015 of August 27th)
We stress some of the (new and controversial) incumbent duties on the Businesses:
- Public Works Contracts: Have the qualification that includes subcategories in classes, which covers the total value of the construction!
- Assure the reduction of written Private Works Contacts, in the case of works superior to 10% of the value of class 1 and maintain a 10-year-archive.
- Subcontract works to companies duly qualified and reduce written contracts
- Communicate to the Institute of the Public Markets, Real Estate and Construction (IMPIC), in the 15 days following the respective verification:
i) Alterations in the entry requirements (reputation, technical and economical ability and ownership of an accidents at work insurance);
ii) Alterations to the headquarters local;
iii) Being the object of a declaration of insolvency;
As a footnote it is still important to stress that the IMPIC is a competent authority to proceed to the issue/reclassification of the processes of licenses and certificates, as well as for the unofficial control of the compliance of the entry and straying requirements.
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