National or foreign companies engaged in construction activities in the renewable energy sector in Portugal, must obtain the necessary licences to carry out these activities (whether in the assembly, construction, rental, or maintenance of photovoltaic plants) granted by the IMPIC - Institute of Public Markets, Real Estate and Construction.
The construction activity is defined by the Portuguese Government legislation very broadly by Law no. 41/2015, which established the Legal Regime applicable to the exercise of construction activity.
According to that law, licences ("alvarás") are divided into different categories, which, in turn, include different subcategories: (a) electrical and mechanical installations; (b) hydraulic works; (c) buildings; (d) communication routes and infrastructures (tunnels); (e) installation and assembly of photovoltaic power plants, (f) engineering specialised in the design and supply of materials for floating solar power plants; (g) rental of machines for the renewable energy sector and electrical installations; (h) mechanical assembly of structures and panels in photovoltaic solar parks; among others.
Ordinance 212/2022 establishes the classes and values of permitted works, ranging from class 1 (works up to EUR 200,000) to class 9 (works above EUR 19,000,000).
Foreign companies established in other EU Member States may, alternatively, apply for registration as a public or private works contractor in Portugal.
The licence or administrative authorisation may be of the following types:
1) Alvará de contratista de obras públicas ou privadas ("Alvará de empreiteiro de obras públicas ou particulares").
Allows the company to carry out work whose value is within the required class, according to Ordinance ("Portaria") 212/2022, of 23 August).
2) Certificate of contractor of public or private works ("Certificado de empreiteiro de obras públicas ou particulares")
('Certificado de empreiteiro de obras públicas ou particulares') (allows the company to carry out works whose value does not exceed EUR 40 000).
(3) Exercise of the activity of public works contractor for service providers established in other States ("Exercício da atividade de empreiteiro de obras públicas por prestadores estabelecidos noutros Estados")
Exclusive licence for companies legally established in another State of the European Economic Area and nationals of a State signatory to the World Trade Organisation Agreement on Government Procurement, which do not intend to establish themselves in Portugal.
4) Habilitação de prestadores estabelecidos noutros Estados para estabelecimento em Portugal ("habilitação de prestadores estabelecidos noutros Estados para estabelecimento em Portugal").
Exclusive licence for companies legally established in another State of the European Economic Area and nationals of a State signatory to the Agreement on Government Procurement of the World Trade Organisation, which intend to establish themselves in Portugal.
(5) Freedom to provide construction services for public or private works ("Livre prestação de serviços de construção de obras públicas ou particulares").
Exclusive licence for companies legally established in another country of the European Economic Area that wish to carry out occasional and sporadic work in Portugal, and is intended for companies that do not wish to establish themselves in Portugal].
To apply for a public or private works contractor's licence, companies must prove their (a) commercial suitability, (b) technical capacity, (c) financial capacity and (d) be in possession of occupational accident insurance for workers employed under national legislation or who may carry out work under their responsibility on national territory.
To verify the technical capacity of their workforce in the country of origin, companies may have the qualifications of their technicians approved by the respective section of the Portuguese Engineers' Association ("OE - Ordem dos Engenheiros" or, where applicable, the "OET - Ordem dos Engenheiros Técnicos", depending on the type of work to be carried out).
The technical solvency (number of technicians and their qualifications) will depend on the categories and subcategories applied for.
Once the legal requirements have been met, the process of obtaining the licence ("alvará") for the exercise of the activity of construction or manufacture and assembly of photovoltaic power plants will be obtained within a maximum period of 30 days and payment of a fee will be due, and annually renewed.
In the Administrative Law Department of Belzuz Abogados we have extensive experience in obtaining licenses ("alvarás") or registrations before the IMPIC, by national or foreign companies, which intend to exercise the activity of construction and installation of all types of energy systems, whether solar, thermal, photovoltaic, electric or wind farms in Portugal.
Belzuz Abogados SLP
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