BNA | National Lease Counter

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The special eviction procedure is a procedural means designed to bring about the termination of the lease, regardless of the purpose for which it is intended, when the tenant fails to vacate the premises on the date provided for by law or on the date set by agreement between the parties, and may be combined with a request for payment of unpaid rents.

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1. Scope

1.1 The special eviction procedure, which is processed electronically, takes place exclusively at the National Rental Counter (BNA), a body under the Directorate-General for the Administration of Justice (DGAJ) and which covers the entire national territory.

1.2 This procedure applies in cases of termination of the contract by agreement (revocation), by opposition to renewal by either the landlord or the tenant, by expiry of the term set out in the contract, by termination of the contract by the landlord or the tenant, by termination on the grounds of late payment of rent and by termination on the grounds of the tenant’s opposition to the carrying out of works.

1.3 Admission to this procedure depends, in addition to other conditions, on the existence of a written lease and proof that the respective stamp duty has been paid.

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2. Procedure

2.1 The eviction request is a specific form, essentially electronic, approved by order of the Minister of Justice, through which the landlord requests that the rented premises be vacated.

2.2 The request for eviction is submitted to the BNA in one of the following ways:

a) Through a lawyer or solicitor, by filling in and sending an electronic form available on the CITIUS computer system;

b) Through the BNA platform – http://www.bna.mj.pt – by electronically signing the citizen’s card, attaching all the documentation in scanned form and electronically signing the application;

c) By filling in the eviction request form directly on the BNA platform. Once validated, the system will provide a reference with which the landlord, within 10 days, must go, accompanied by a paper version of all the documents he wishes to attach, to a court office where the process will be completed;

d) By submitting a paper application to a court office, accompanied by all the documents you wish to attach, duly completed and signed, and then entered into the BNA platform by the respective officials.

2.3 After submitting the eviction request electronically, the system will automatically assign a reference that will be made available to the landlord for the purpose of paying the court fee, without prejudice to the fact that the landlord may have previously been granted legal aid by the social security system.

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3. Opposition

3.1 The tenant has 15 days from the notification of the eviction request to submit the opposition electronically, which can be submitted in one of the following ways:

a) By lawyer, through electronic submission in the CITIUS computer system;

b) It can be delivered in paper form to the BNA, together with the paper version of all the documents that must accompany it;

c) It can also be sent by post, under registration, to the BNA, together with the paper version of all the documents that must accompany it.

3.2 If the tenant does not oppose the eviction request, it is automatically converted into a notice to vacate the premises. In this case, the tenant has 30 days to remove their belongings, failing which they will be considered abandoned.

3.3 The judge will only intervene if the tenant objects to the eviction request, in which case a court hearing will take place.

Electronic Submission| Nationality

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Order no. 344/2023 of November 10 was published, regulating the electronic submission of applications and declarations for nationality purposes by lawyers and solicitors.

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1. Object

1.1 Ministerial Order no. 344/2023, of November 10, regulates the electronic submission of applications and declarations for the purpose of granting, acquiring or losing nationality, by lawyers and solicitors, on behalf of the interested parties, and the consultation of information on the nationality procedure.

1.2 Access to the reserved area of the information system supporting the submission of nationality applications, which is accessible from the digital justice platform, available at https://justica.gov.pt, depends on the user being authenticated using their professional certificate.

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2. Presentation

2.1 Applications and declarations for nationality are submitted electronically by filling in forms, to which the documents that must accompany the application or declaration are attached, in individualized form, in accordance with the procedures and instructions contained in the information system that supports the submission of applications for nationality.

2.2 The information entered on the forms and the attached documents are reflected in a single document which, for all intents and purposes, constitutes the respective application, which is electronically signed using an electronic signature certificate that permanently guarantees the professional status of the signatory.

2.3 The documents accompanying the application or declaration must be in Portable Document Format (PDF), preferably in PDF/A version, and may not exceed 10 MB each.

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3. Consultation

3.1 Applications for nationality submitted electronically are entered on the worklist of the registry office to which they were assigned in the order in which they were submitted, and information on the applications submitted is made available in the reserved area of the information system that supports the submission of applications for nationality.

Suspension of Local Accommodation Licenses

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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.

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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.

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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.

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3. Validity

3.1 The registration of an LA establishment will last for five years and renewal will require authorization from the local council.

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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.