Do you own or rent forested and agricultural land? Do you own any buildings?

Are you the owner or tenant of forested or agricultural land? Do you own any buildings? Understand your duties and avoid liabilities. Have your assets been affected by the fires? Know your rights.

In recent days, our country, with a special focus on the district of Aveiro, is once again being plagued by rural fires. Everyone is moved and the country joins hands to protect what belongs to us all.

However, this generalized commotion, as usual, is too late... It arises when citizens have already lost their homes and their land and find themselves facing doubt and uncertainty. What to do? How to react? What could have been done?

Currently, it is urgent not only to implement preventive policies, but also to disseminate the existing regulatory framework (preventive and sanctioning).

Regarding the existing regulatory framework, it is important that you know the Integrated Management System for Rural Fires in the Continental Territory (SGIFR), which provides macro-policies and strategic guidelines that contribute to reducing the danger and changing the behavior of owners, users and direct and indirect beneficiaries of rural territory.

Contrary to what one might think, the SGIFR includes, in addition to various public and private entities, the owners or tenants of forested and agricultural land and the owners of buildings. Therefore, it is more important than ever that you know your duties to avoid liabilities.

In this sense and by way of example, under the aforementioned system, it is the duty of forest and agricultural owners and managers and of forest and agricultural producer organizations i) to participate in the discussion of the planning process, ii) to adopt the best practices of self-protection and reduction of ignitions, iii) to carry out fuel management in the areas under their management, iv) to preventively mobilize their resources according to the risk, in support of suppression actions, as requested by the operations commander of the rescue and v) to report damages to municipalities and participate in the recovery of the territory.

As for building owners, i) adopt the best practices of self-protection and reduction of ignitions, ensuring that the building has the conditions to prevent the entry of incandescent material, ii) carry out fuel management for the protection of the building, ensuring that there are no contiguous deposits of highly flammable material outside and iii) report damages to the competent municipal authority and participate in the recovery of the territory.

If you have any doubts about your duties and the contribution you can make to avoid situations like the one we are experiencing, talk to your lawyer and promote a conscious management of your properties.

Regarding the existing sanctioning measures, the SGIFR provides for the application of fines of up to 125,000.00 Euros, due to the violation of the legally established norms.

In addition to this, and in order to safeguard constitutionally enshrined legal assets, there is also the Crime of Forest Fire, provided for and punished by article 274 of the Penal Code, which provides for criminal penalties, which can reach up to 12 years of imprisonment, for anyone who causes a fire in land occupied by forest, including woods or pasture, scrub, spontaneous vegetation or agricultural land, owned or belonging to others.

The crime of forest fire is public, if you are aware of the commission of this crime, report it. A safer Portugal depends on us all.

With the aforementioned denunciation, if those responsible for the crime are identified, you may request the application of the victim status or file a claim for civil compensation and, in this way, be compensated for the damages suffered.

Finally, we remind you to follow the guidelines of the Civil Protection and stay safe. In case of emergency, call 112.