Decreto Regional N.º 26/1982/A de 3 de Setembro
ASSEMBLEIA REGIONAL DOS AÇORES
Decreto Regional Nº 26/1982/A de 3 de Setembro
Licença de habitação
A entrada em vigor do Decreto Regional nº 8/81/A, de 27 de Junho, fez caducar a aplicação do Decreto-Lei nº 445/74, de 12 de Setembro, na Região Autónoma dos Açores, incluindo, portanto, o seu artigo 11.º
O Decreto-Lei nº 148/81, de 4 de Julho, estabelece disposição idêntica àquela no seu artigo 13.º, mas a sua aplicação é restrita ao território continental.
Desta maneira urge legislar nesta Região sobre a obrigatoriedade de apresentação, em certos actos, das licenças de habitação. E aproveita-se para alargar o âmbito desta obrigatoriedade, na mera lógica do sistema.
Assim, a Assembleia Regional dos Açores decreta, nos termos da alínea a) do nº 1, do artigo 229.º da Constituição, o seguinte:
Artigo 1.º — 1 — Não podem ser celebrados contrato. que envolvam a constituição ou transmissão de direitos reais de prédios ou fracções de prédios urbanos destinados à habitação sem que se exiba, perante o notário, a correspondente licença de habitação, do que se fará sempre menção na respectiva escritura.
2 — Não é, porém, exigível a licença da habitação em relação aos prédio construídos antes da entrada em vigor do Decreto-Lei nº 38 382, de 7 de Agosto de 1951.
3 — A prova de que o prédio objecto do negócio se encontra nas condições referidas no número anterior pode ser feita por qualquer documento de onde de facto resulte, nomeadamente por certidão da inscrição predial ou da respectiva caderneta...
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