Miranda and global real estate broker Cushman & Wakefield (“C&W”) held a workshop on the new law on retail permitting (Decree-Law 21/2009, of 19 January 2009). Head of Miranda’s Public Law Practice Group, Raul Mota Cerveira, and Marta Leote, Head of Cushman & Wakefield’s Research & Consulting Department were the keynote speakers.

According to Raul Mota Cerveira “This new statute, due to come into force on 19 April, clearly takes a leap towards simplifying the authorisation procedures for setting up and upgrading retail establishments and shopping centres when it shortens the decision-making deadlines and reduces the financial burden on developers and investors”. Head of Miranda’s Public Law Practice Group further comments: “This new statute simplifies the decision-making process, lowers authorisation administrative fees, sets forth that the conduct of same are to take place at the General Directorate of Economic Activities and creates the Commission for Retail Authorisation, the entity now issuing final decisions, among others”. Raul Mota Cerveira highlights, however, that “As the flip side of the coin, the criteria required for the authorisation decision has now become stricter” and notes: “The Portuguese Food Safety Authority now has the powers to file charges involving administrative offenses against the developers in breach of the obligations set forth in the statute or relevant licensing permit”.

“This new law clearly simplifies retail licensing”, according to Marta Leote, “And, in our opinion, is more favourable to the retail market. For developers, the initial investment made in organising the processes will be more delayed. However, decisions made by the competent authorities are expected to be speedier. Retailers are undoubtedly those who most benefit from this new statute since a great number of them will be excluded from the requirement to compete in the licensing process. Overall, we believe that the market will more freely evolve now that there aren’t so many restrictions on its growth”.

The event closed off with a debate on the “Direct Impact for Developers and Retailers” of these new rules, moderated by Paulo Trindade Costa, Head of Miranda’s Real Estate Practice Group.

................................................................................

See the programme of the event (Portuguese version only).

See the photos of the event.

See Raul Mota Cerveira's presentation (Portuguese version only).

................................................................................

For further information, please contact:
Sofia Justino
+351 21 781 48 69
sofia.justino@mirandalawfirm.com