International Construction Law Review
PORTO HUMAN HERITAGE CITY URBAN REGENERATION COMPANIES: NEW POSSIBILITIES AND SOME PROBLEMS FOR THE CONSTRUCTION SECTOR
ANA MEDEIROS
Lawyer, Law Office of António Vilar & Associados, Porto, Portugal *
I. INTRODUCTION
The city of Porto in the north of Portugal, classified as a World Heritage Site by UNESCO in 1996, is characterised by a complex urban fabric of tremendous beauty and very rich artistic and architectural value, being the reflection and result of several eras: Roman, Gothic, Renaissance, Baroque, Neo-classical and Modern.
The city has however suffered from being deserted—about half of the population has left in the last 40 years—mainly because the younger population has moved to live in the suburbs and outskirts.
The central area of the city lost vitality and became, for the most part, an area of traditional commerce and other entrepreneurial services. This contributed not only to the degradation of the heritage buildings1
but to the lack of modern infrastructure, namely, sewers and a natural gas system required to cater for the needs of the citizens, lack of proper parking facilities as well as of proper social resources. In consequence, there were appalling living conditions for the remaining residents.
In addition, the central area of the city is characterised by a very high number of tenanted buildings which, due to rents being frozen for about 60 years,2
does not allow landlords to accomplish due maintenance and conservation of the heritage buildings.3
* Degree in Law from the Catolica University of Porto and post-graduate in Urbanism, Town Planning and Environment Law of the University of Coimbra. Attendance at the Public Law Post-Graduation in the Catolica University of Porto.
1 Some of the existing buildings date to 1910 and others from after 1945.
2 Urban rentals levels were recently the subject of public discussion and the state is going to move forward with a general modernisation of rents by bringing them into line with actual market levels. This reform, will also create a new juridical scene to allow rental contracts to be calibrated in the future and for a partial adaptation of the contracts. Decree-Law No 104/2004 foresees in its preamble that it will be aligned with the new rental law.
3 The juridical regime of Urbanisation and Edification (Decree-Law No 555/
1999 of 16 December, altered by Decree-Law No 177/2001, of 4 June) establishes that the building must be the subject of regular maintenance and conservation work to be carried out at least once every eight years.
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