Dos efeitos da caducidade da licença de loteamento nos atos e operações urbanísticas subsequentes

The object of this paper is a legal analysis of the effects of both the allotment license and the declaration of its forfeiture, in the subsequent urbanistic acts and operations, as well as the possibilities of reversal of the forfeiture’s effects. Though in a subordinate plan, the possible effects of the nullity of the acts resulting from the declaration of forfeiture will also be dealt with. The interest of the subject was stirred by the fact that, since the eighties of the twentieth century, it’s been common practice in our municipalities, after the declaration of forfeiture of the license, the resumption of the allotment operation procedure, under the generic formula of “addition”, continuing its proceedings, through the achievement by the competent Municipal Agencies of amendments to the expired allotment license, and materializing the subsequent urbanistic operations, actually achieving the infrastructures and building in the lots resulting from the operation. However, since such “acts of addition” are subsequent to the declaration of forfeiture of the allotment license, the question arises whether they are able to reverse the effects of forfeiture or, on the contrary, they cause per se such reversal; and, consequently, whether or not such acts are null, in the first hypothesis due to the impossibility of the respective object, pursuant to article 161.o/1 / c) of the CPA (Administrative Procedure Code) - with the drastic consequences that the law foresees for the meanwhile erected buildings, under later building licenses or acts of addition.