On 6 January 2026, Law No. 3/2026 was published, completing the transposition of Directive 2005/36/EC on the recognition of professional qualifications and introducing the third amendment to Law No. 31/2009.
This legal framework establishes the professional qualifications required of the professionals responsible for the preparation and signing of projects, site management, and construction supervision in Portugal, where such activities are not subject to specific sectoral legislation.
This legislative reform is particularly significant in a context characterized by sustained growth in construction activity, increased public and private investment, and greater mobility of professionals within the European Union, contributing to enhanced regulatory harmonization and interpretative clarity.
Strengthening of Requirements Applicable to Public Works
One of the most significant amendments introduced by Law No. 3/2026 is the express requirement that public works promoters be equipped with technical teams holding appropriate qualifications to assess projects subject to:
- licensing procedures.
- prior notification procedures; or
- pre-contractual procedures.
The legislature also expressly acknowledges the possibility of engaging specialized external entities, staffed with suitably qualified professionals, where this proves necessary or appropriate to ensure compliance with legal obligations. This approach enhances the technical quality of administrative decisions and improves procedural efficiency.
Clarification of Acquired Rights of Civil Engineers
Law No. 3/2026 ends long-standing interpretative dispute concerning the acquired rights of certain civil engineers.
In particular, the legislature expressly recognizes that civil engineers holding an academic degree who signed architectural design projects approved by municipal authorities between 1 November 2009 and 1 November 2017 retain the right to prepare the architectural projects specifically permitted under the applicable legal regime, if they hold one of the following university qualifications:
- Degree in Civil Engineering awarded by the Instituto Superior Técnico of the Universidade Técnica de Lisboa;
- Degree in Civil Engineering was awarded by the Faculty of Engineering of the University of Porto.
- Degree in Civil Engineering awarded by the Faculty of Sciences and Technology of the University of Coimbra.
- Degree in Civil Engineering – Production, awarded by the University of Minho.
The law further provides for a relevant exception for civil engineers who established themselves in another EU Member State during the period referred to above, in line with the principles of freedom of establishment and freedom to provide services. In such cases, the evidentiary requirement does not apply.
The exercise of these rights remains subject to compliance with the statutory professional duties, as well as to mandatory registration with IMPIC, I.P., thereby reinforcing mechanisms of control, transparency and accountability in the exercise of the profession.
Practical Impact on Professionals and Businesses
The immediate entry into force of Law No. 3/2026 produces direct effects for:
- civil engineers and other professionals in the construction sector.
- public authorities responsible for licensing and supervision procedures.
- real estate developers and investors.
- engineering, architecture and construction companies.
In a highly regulated sector undergoing constant evolution, the proper legal framing of professional qualifications is essential to prevent project delays, legal contingencies and contractual risks.
Belzuz Abogados, S.L.P. – Portuguese Branch has extensive experience in providing legal advice on the recognition of professional qualifications, supporting national and international clients at all stages of the process, from regulatory analysis to the practical implementation of the new legal framework.