Case Q-1722/2015 Entity addressed: Mayor of Cascais Date: 2016.09.13 Subject: Municipality Regulation on Urban Development and Edification. Works exempted from prior control. Prior notice. Administrative contravention Status: Suggestion accepted The Ombudsman received a complaint against the municipality of Cascais concerning the local Regulation on Urban Development and Edification. Such rule typified as an administrative contravention the omission of informing the municipality, at least five days in advance, about the execution of works and the identification of both the promoter and the technician responsible, even in the cases exempted of prior control by the legal framework on construction. The rule under appreciation could be interpreted in a way that all works, including simple maintenances, cleaning operations plumbing repairs, roof tiles replacing or even the painting of interior walls, should be mandatory communicated to the municipality under penalty of fine application. Such interpretation would result in the breach of the constitutional principle of prohibition of excess or disproportion. The Ombudsman considered that the obligation to inform municipal authorities on works that, under the legal framework on construction, are exempted of prior control was far too excessive, particularly if under penalty of fine application. The Ombudsman also concluded that the legal framework on construction only establishes the obligation of prior notice with regard to works which are preliminary to or consequential of construction operations. Therefore, simple works as repairs, cleaning or maintenance operations are not be submitted to municipality control. The Ombudsman draw attention to the fact that the municipality of Cascais should take measures in order to exempt from prior notice the works that, by definition, neither represent construction operations nor have a link with them. The municipality of Cascais accepted the position of the Ombudsman and acknowledged the need to amend its Regulation of Urban Development and Edification. • | 113