The decision to expropriate land in Portugal has just moved to the town hall
Decree-Law 160/2026, published on Tuesday, hands municipal assemblies the power to declare public utility for expropriations and administrative easements.
An amendment to Portugal’s Expropriations Code appeared in the official gazette on Tuesday, and it changes who decides. The declaration of public utility — the act that lets the state or a council take a plot or a building for a project of collective interest — now falls to the municipal assembly of the territory where the property sits.
Until now, a council wanting to expropriate land for one of its own projects had to wait for a decision from central government. That requirement is gone.
What the change covers
Decree-Law 160/2026 applies to the expropriation of immovable property and the rights attached to it, tenancies included, and also to the creation of administrative easements — the restrictions imposed on private land to run a pipe, a power line or a path across it without ownership changing hands.
The decree was issued under the legislative authorisation granted by Law 25/2026 of 1 June, which parliament passed specifically to strengthen the hand of municipal assemblies in these decisions.
The government’s case for it
The reasoning rests on three claims: speeding up procedures that currently route through Lisbon and stall there, moving the decision closer to the people it affects, and reinforcing the autonomy and democratic accountability of local government. The body deciding is now one elected within the municipality, and it is that body affected owners will be able to petition.
Decentralised is not the same as easier, though. An expropriation still requires a genuine public-utility justification, still carries a duty to compensate, and can still be challenged in the administrative courts. What has moved is the address of the first decision, not the safeguards around it.
For anyone tracking the sector, this is another instalment in a year of property rules being rewritten piece by piece, much like the end of rent controls on new leases. The full text is published in the Diário da República.
The real test arrives in about a year, in the municipal works currently sitting idle waiting for a signature.
Image: Bruno Esteves / Wikimedia Commons (CC BY-SA 3.0)