THE NEW REGULATION FOR LOCAL SHORT TERM RENTALS
In this section, we want to inform you about the existing Portuguese legislation and facilitate access to the Local Short Term Rentals Law.
RemarkableVillas recommends that owners take the necessary steps to legalize their business and thus be able to rent with greater ease and in accordance with the law. The process is completely Free!
It intends to offer more guarantees for tourists, give more credibility to this modality and avoid sanctions.
Decree-Law no. 128/2014, from August 29th, establishes new conditions for local short term rentals, among which, the main condition requires registration of the establishment through a simple prior communication through the Electronic One-Stop System (Balcão Único Electrónico), addressed to the relevant Mayor
We share with you the direct access link for immediate registration of your accommodation through the One-Stop System:
When you register, you will receive a registration number that you must indicate in the listing published on the Remarkablevillas Portal.
If you choose to register with the City Council in person, you must submit this completed form at: http://bde.portaldaempresa.pt/BalcaodoEmpreendedor/resources/pdfforms/form_00000000-0000-0000-1111-000000000006.pdf
Local short term rentals must comply with the following conditions in order to be registered:
- 9 rooms and 30 guests (except for hostels)
- 9 local accommodation establishments, in the form of apartments, per building, or, if greater than that number, up to 75% of the number of fractions of the building
- Decree-Law no. 128/2014 from August 29th, as amended by Decree-Law no. 63/2015 from April 23rd
- Comply with safety rules against fire risks, in accordance with the provisions of Decree-Law no. 220/2008, from November 12th, as amended and republished by Decree-Law no. 224/2015 from October 9th
- If the establishments have a capacity that is equal to or less than 10 users, they only have to comply with the following rules: (1) Have a fire extinguisher and a fire blanket accessible to users; (2) Have first-aid equipment accessible to users; (3) Indicate the national emergency number (112) in a place that is visible to users.
- Prior communication is mandatory and a necessary condition for the operation of local accommodation establishments
- Prior communication is carried out exclusively through the Electronic One-Stop System, which grants each application a number, which is, for the purposes of this Decree-Law, the registration number of the local short term rental establishment, which automatically sends the communication to Turismo de Portugal, I.P.
Identification and advertising:
- Advertising of local short term rental establishments must indicate the respective name or logo and registration number
- Establishments are required to affix an identification plate outside, next to the main entrance. (This plate is only mandatory in lodging establishments)
- The design and features of the identification plate are included in the annex to the Decree-Law.
- Local short term rental establishments must have a complaints book under the terms and conditions established in Decree-Law no. 156/2005 from September 15th
Important information: according to Portuguese law, operation as “local short term rental” of establishments that have requirements to be considered tourist enterprises is prohibited (hotel establishments, tourist apartments, tourist villages, tourist complexes, tourism enterprises in rural areas, tourist housing enterprises, campsites).
In addition, any accommodation unit integrated in a tourist development, even with several owners, cannot be operated either as a local short term rental or directly by its owners, and its tourist operation is always the responsibility of the entity responsible for the operation of the tourist enterprise.
Other useful articles:
- Digital form: https://bde.portaldocidadao.pt/EVO/alojamentolocal.aspx
If you would like further clarification or support in the process of registering your local short term rental establishment, RemarkableVillas recommends that you contact AHRESP (Associação da Hotelaria e Restauração e Similares de Portugal).
AHRESP, a centenary public utility institution, represents the great majority of the economic sectors with activity in the Tourism industry. Among the 25 thousand associated companies, it currently has about 500 national establishments in the Accommodation sector.
The weight and influence of AHRESP are the result of the strength of its Associates, and it is for these associated that the Association works daily, in the defense of the Sector, from Collective Procurement, Legislation and Taxation to Tourism Promotion, among others, in addition to all the specialized services it provides. Affiliated companies of the Accommodation sector compose AHRESP’s Tourism and Local Accommodation Group, and enjoy all the benefits and rights provided by by-laws.
In addition to these services, affiliated companies also benefit from access to various products and services, under very advantageous conditions, in particular through AHRESP partners, which are companies that operate in areas that are relevant to the Sector.
Services offered by AHRESP: http://www.ahresp.com/pages.php?id=14
Note: The RemarkableVillas Portal shall not be held accountable if the regulation included in this section is not the most recent version.
Last update: December 23rd, 2016