Post-Kristin Reconstruction: Government extends suspension of asbestos licenses until December

The Government has extended until December 31, 2026, the suspension of the ACT’s prior authorization for asbestos demolition or removal work and the partial suspension of part of the general waste regime in the municipalities affected by storm “Kristin”. The decision is contained in Decree-Law no. 202/2026, of October 20, published in the Diário da República no. 203, 1st series, in the Presidency of the Council of Ministers section. The diploma takes effect on September 30, 2026, avoiding a gap between the end of the previous extension and the entry into force of the new regulation.

What remains suspended until the end of the year

The decree-law amends Decree-Law no. 40-A/2026, of February 13, which created an exceptional and temporary regime of administrative and financial simplification for the reconstruction and rehabilitation of heritage and infrastructure in the municipalities hit by the storm. This is the fourth amendment to that regime.

The new wording of Article 10 determines that the provisions of Articles 11 and 24 of Decree-Law no. 266/2007, of July 24, regarding the prior authorization of the ACT for work involving the demolition or removal of asbestos or materials containing it, remain suspended until December 31, 2026. The suspension is granted “without prejudice to any eventual extension.”

Meanwhile, Article 11 now establishes that the partial suspension of provisions of the General Waste Management Regime, approved in Annex I of Decree-Law no. 102-D/2020, of December 10, applies until December 31, 2026, also with the same reservation of a possible new extension.

Debris still to be managed

The preamble justifies the extension by the fact that the execution of ongoing procedures will not be completed by September 30, 2026. The Government also invokes the need for affected municipalities to launch new procedures to ensure the continuity of a wide range of operations:

• waste management;
• collection;
• removal;
• transport;
• treatment;
• waste routing.

According to the diploma, it is this continuity that requires maintaining the measures provided for in Articles 9 to 11 of the exceptional regime.

Initial three months and two extensions

The regime was born following the damage caused by storm “Kristin” in early 2026, when the Government declared a state of calamity through Council of Ministers Resolution no. 15-B/2026, of January 30, which was subsequently subject to successive extensions and territorial expansions.

Decree-Law no. 40-A/2026 initially provided for the suspension of prior authorization obligations for three months following the declaration of calamity. This period ended on April 28, 2026, and was extended by Decree-Law no. 140/2026, of July 10, until September 30, 2026, already subject to eventual extension.

Processing and entry into force

The decree-law was approved in the Council of Ministers on October 1, 2026, signed by Luís Montenegro, Joaquim Miranda Sarmento, and Maria da Graça Carvalho. It was promulgated on October 13, 2026, by the President of the Republic, António José Martins Seguro, and countersigned on the same date by the Prime Minister, Luís Montenegro.

The diploma enters into force on the day following its publication, but the new text of articles 10 and 11 of Decree-Law no. 40-A/2026 takes effect on September 30, 2026, ensuring legal continuity for ongoing works.

The extension directly concerns municipal councils and construction and waste management companies that continue to remove rubble and asbestos materials in the affected territories. Without prior authorization from the ACT for these operations and with part of the waste regulations suspended, the work can proceed without administrative interruptions until the end of the year, leaving open the possibility of a new extension in 2027.

Source: Diário da República, no. 203, of October 20, 2026, 1st series, Presidency of the Council of Ministers (official reference: Decree-Law no. 202/2026).