Regulation

New legal framework

THE NEW REGULATION FOR LOCAL SHORT TERM RENTALS

THE NEW REGULATION FOR LOCAL SHORT TERM RENTALS

In this section, we want to inform you about existing Portuguese legislation and facilitate access to the Local Short Term Rentals Law.

The HomeAway Portal 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. 6/2018, from August 22nd, establishes new conditions for local short term rentals, of which we highlight the mandatory registration of the establishment through simple prior communication through the Electronic One-Stop System (Balcão Único Electrónico), addressed to the Mayor of the Municipality with jurisdiction over the applicable territory.

 

Please access the link below for immediate registration of your accommodation through the One-Stop System:

      Activity Registration form

If there is no opposition by the Mayor of the Municipality within 10 days from submission of the registration, you will receive a registration number that you must clearly indicate in the ad published on the HomeAway Portal.

If you choose to register with the City Council in person, you must submit a printed version of the following form fully completed: 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:

Maximum capacity:

General requirements:

Safety:

Prior notice:

Identification and advertising:

Identification sign:

Complaint log:

Information log

 

 

Liability insurance

 

 

Important information: according to Portuguese law, establishments that meet the requirements to be considered tourist enterprises (hotel establishments, tourist apartments, tourist villages, tourist complexes, tourism enterprises in rural areas, tourist-housing enterprises, campsites) cannot operate as "local short-term rental" establishments.

In addition, any accommodation unit integrated into a tourist enterprise - even if it has several owners - cannot be operated either as a local short-term rental establishment or directly by its owners, and touristic use of these properties is always the responsibility of the entity responsible for the operation of the tourist enterprise.

Other useful articles:

 

If you would like further clarification or support in the process of registering your local short-term rental establishment, HomeAway recommends that you contact AHRESP (Portuguese Hospitality, Restoration and Similar Industries Association).

 

 

AHRESP is a century-old public institution that represents the great majority of the economic sectors that operate 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 them that the Association works every day in the defence of the Sector, in areas ranging from Collective Bargaining, Legislation and Taxation to Tourism Promotion, among others, in addition to all the specialized services it provides.

Affiliated companies of the Accommodation sector make up AHRESP's Tourism and Local Accommodation Group, and enjoy all the benefits and rights provided in law.

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
 

The legal framework applied to the Autonomous Region of Azores is an adaptation of Decree-Law n.º 128/2014, which regulates the activity at a national level, can be accessed here.

Note: The HomeAway Portal shall not be held accountable if the regulations included in this section are not presented in their most recent versions.

 

Last update:  Monday, October 22, 2018