Notícias

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;
  iv) Others
  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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