Portugal: Alojamento Local letting licences
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A new law was introduced in March 2008 affecting holiday letting in Portugal. All holiday home owners who rent out their property in Portugal to paying guests should be aware of the regulations.
Holiday accommodation in Portugal is now split into two main categories, classed as either an Empreendimento Turístico (tourist establishment), or an Estabelecimento de Alojamento Local (Local Lodging Establishment). |
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Source: rentlegal.com; ConceitoVivo.com
What classifies as an Empreendimento Turístico?
The following types of accommodation fall into this category:
Conjuntos Turísticos - non residential complexes and their on-site accommodation (where the complex is solely used for tourism purposes and people cannot buy property)
Hotels
Public campsites
Other types of commercially owned establishments that provide temporary accommodation to paying guests, such as guesthouses, apartment complexes and holiday villages
What classifies as an Estabelecimento de Alojamento Local?
A property must have an Alojamento Local licence if it meets all of the three criteria below. Private holiday home rentals will fall into this category.
It has a Licença de Habitabilidade (habitation licence), which is provided by the local authorities. It proves that the property has been inspected and meets the required legal standards for occupation.
It provides temporary accommodation to paying guests
It is not considered an Empreendimento Turístico (as above)
What does the Alojamento Local licence mean? What conditions have to be met?
Properties with an Alojamento Local licence must:
Be in good order externally and internally
Be connected to mains water (or bore hole)
Be connected to mains sewer (or septic tank)
Have hot and cold running water
Have adequately furnished rooms
Have sufficient ventilation
Have a system in place to block natural light when necessary (blinds/curtains)
Have suitable locks for security and privacy
Have at least one bathroom for every three bedrooms, with toilet, sink and bath (or shower)
Have sufficient fire extinguishers and blankets for the size of the property as well as first aid equipment and instruction manuals for all appliances
Display the international emergency phone number 112 in a prominent position
Be regularly cleaned with towels and linen changed at least once per week
Have an official complaints book
Most of these measures are considered standard and expected by guests even if your property does not legally require an Alojamento Local licence.
Where do I get a licence?
You will need to submit an application at your local town hall, who will stamp it. By stamping the application, the town hall permits you to start renting out your property. In the following 60 days, the town hall may order an inspection of your property to check all the conditions are being met.
If in any doubt as to how to apply for the licence, we recommend you consult a specialist in Portuguese property documentation, who will be able to do this for you and organise any necessary inspections.
What happens if I don't obtain a licence when I need one?
Owners of properties found not to be have a licence when they need one risk fines ranging from €2,500 to €3,740. This can rise to €25,000 for companies.