Key Regulatory Developments with the Adoption of Three New Ministerial Orders

Three ministerial orders were published which further consolidate and develop the Portuguese Legal Framework for Electric Mobility, approved by Decree-Law No. 93/2025 of 14 August (“Decree-Law No. 93/2025”), establishing key conditions and requirements for the installation and operation of electric vehicle charging points.

We summarise below the main aspects of these ministerial orders: 

     I. Ministerial Order No. 128/2026/1 of 26 March

Pursuant to Article 22 of Decree-Law No. 93/2025, urban development operations relating to the construction of buildings under horizontal property regimes, as well as other properties with parking facilities, must include an electrical infrastructure suitable for electric vehicle charging, ensuring sufficient capacity, which may not be lower than the minimum thresholds to be set by ministerial order.

Ministerial Order No. 128/2026/1 of 26 March implements this regime by establishing, in Article 2, the applicable minimum capacity requirements - namely, a minimum capacity of 3,680 volt-amperes (VA) per electric vehicle connection point - as well as the technical rules governing the installation and operation of the relevant infrastructure.

This ministerial order entered into force on 27 March, while providing for a transitional period allowing the adaptation of existing installations until 31 December 2026.

For further information, the full text of Ministerial Order No. 128/2026/1 of 26 March is available here. 

     II. Ministerial Order No. 130/2026/1 of 27 March

Pursuant to Article 8 of Decree-Law No. 93/2025, the private use of assets within the public domain for the installation and operation of electric vehicle charging points is subject to the holding of the relevant licence, the terms of which are to be established by ministerial order.

In this regard, Ministerial Order No. 130/2026/1 of 27 March sets out the legal framework applicable to licences for the private use of the public domain for the installation of electric vehicle charging points in publicly accessible locations.

Under Article 3 of the ministerial order, such licences are granted for a term that may not exceed that of the charging point operator’s operating licence. The termination of the operating licence entails the termination of the licence for the private use of the public domain.

This ministerial entered into force on 28 March, with the exception of Article 2(5) - concerning the dimensions and areas of parking spaces -, which shall only take effect on 31 December 2026.

For further information, the full text of Ministerial Order No. 130/2026/1 of 27 March is available here.

     III. Ministerial Order No. 133/2026/1 of 30 March

Finally, on 30 March, Ministerial Order No. 133/2026/1 was published, establishing the fees provided for in Article 39 of Decree-Law No. 93/2025.

Pursuant to paragraphs 1 and 3 of Article 39, the following fees are to be set by ministerial order: (i) the fee payable for the issuance of a licence to operate charging points; and (ii) the fee payable for the inspections provided for in Article 16, to be paid to the competent inspection authority.

In this context, this ministerial order sets the applicable fees as follows:

• €1,000.00 for the submission of an application for a charging point operator licence or the submission of a prior notification; and 
• up to €200.00 for initial inspections prior to entry into operation, as well as for periodic inspections. 

These amounts shall be updated annually in accordance with the consumer price index (excluding housing) for mainland Portugal, as published by Statistics Portugal.

This ministerial order enters into force on 31 March.

For further information, the full text of Ministerial Order No. 133/2026/1 of 30 March is available here.