New changes to local accommodation (LA) confirm that new LA registrations will be suspended until December 31, 2030, with the exception of zones for rural accommodation and islands.
1. Amendment
1.1 The “Mais Habitação” (More Housing) program legislation confirms that the issuance of new LA establishment registrations is suspended until December 31, 2030, “with the exception of zones for rural accommodation, under the terms to be defined by ordinance of the members of the Government responsible for the areas of economy, housing and territorial cohesion” and determining that “it does not apply to the Autonomous Regions”.
1.2 The LA registrations in force on the date of entry of this legislative amendment expire on December 31, 2030 and are renewable for five years from December 31, 2030.
2. Supervision
2.1 Contrary to what was previously the case, parish councils will now have supervisory powers and will be able to impose fines and ancillary sanctions in relation to LA.
2.2 Parish councils join forces with the Food and Economic Safety Authority (ASAE) and local councils to impose a temporary ban on the operation of local accommodation establishments, in whole or in part, particularly when failure to comply with the applicable legal provisions jeopardizes the safety of users or public health.
3. Validity
3.1 The registration of an LA establishment will last for five years and renewal will require authorization from the local council.
4. Condominium
4.1 A Condominium owners can oppose LA in autonomous fractions of buildings or in parts of urban buildings, unless the construction deed provides for this use, the government clarified.
4.2 In the event that the LA activity is carried out in an autonomous fraction of a building or part of an urban building that can be used independently, the condominium owners’ meeting, by resolution of more than half of the permilage of the building, may oppose the exercise of the local accommodation activity in said fraction.
4.3 However, this rule does not apply if the building deed provides for the use of the respective fraction for this purpose or if the condominium meeting has expressly authorized the activity.
4.4 The decision to cancel the registration, which implies the “immediate cessation” of the activity, must be made known by the condominium owners’ meeting to the president of the respective town hall.
