What changes in local accommodation

The diploma regulating Local Lodging - Decree Law 128/2014 of 29/08 - has already undergone two alterations. The major legislative amendment approved last 22 August 2018, through Decree Law 62/2018 brings us several novelties that substantially relate to the protection of housing, given the proliferation of Local Lodging.

Prior Communication with Deadline

AL registration is still mandatory at the Municipality of the place where the property is located, however, it is now liable to be object of opposition to this prior communication. This opposition can be presented within a period of 10 or 20 days if it is a hostel, and the grounds are exhaustively listed in the law:
- Incorrect order instruction;
- If the deadline for cancellation of registration (previous) still elapses;
- Violation of restrictions on the installation of AL imposed by the Municipality (namely containment zones) or lack of proper License of Use.
 
Novelties in Cancellation, and increasing attribution of powers to Municipalities

It is also attributed to the President of the Competent Municipal Council the possibility of being able to determine the cancellation of AL registrations. On what grounds?
- In the event of any non-compliance with the registration or documentation contained in the registration;
- In case of AL installation in containment zones;
- For violation of any of the general requirements foreseen for the installation and registration of AL.
 
Attribution of powers to Condominiums

The condominiums themselves are also given powers to bring about the cancellation, being able to oppose the exercise of this activity in any of the fractions of the building in core, informing the Mayor of this decision, which has to be taken in the Assembly of Owners, through decision of more than half of the permilage of the building.
 
This decision must be duly substantiated and must also be based on the following reasons:
- Existence of repeated and proven practices of acts that disturb the normal use of the building, as well as acts that cause discomfort and affect the rest of the owners.
 
As a co-owner, can I somehow block this exercise in the building where I live?
If the Local Accommodation is located in an urban building constituted on horizontal property, with a condominium, it becomes a requirement that the condominium itself pronounce favorably on its acceptance of the existence of Local Accommodation in a certain fraction.
 
This requirement therefore requires that now, in the case of a hostel, the request for prior communication with a deadline be accompanied by the appropriate minutes of the condominium, accepting the installation of Local Accommodation in the fraction in question.
 
Containment Areas
 
The Municipality is responsible for approving regulations and deliberations which, in a reasoned manner, should define the Municipality's containment zones, communicating them to Turismo de Portugal, IP, which introduces these geographic limitations to the Balcão Único Electrônico, platform where AL is registered.
 
In these containment areas, owners are still limited to operating a maximum of seven Local Accommodation establishments.
 
Exploration with Responsibility
 
An addition is introduced in the legislation analyzed here, bringing an increased responsibility character and now, imperative in the exploration of these establishments.
Civil liability arising from damage caused to properties is now assumed jointly between guests and the owner of the operation;
 
The holder of the exploration must also ensure a multi-risk insurance against civil liability, and this requirement will be grounds for cancellation.
These being the biggest changes to the legal regime of Local Accommodation, there are also other details advocated by this amendment, such as the requirement for the existence of an information book on the operation of the establishment, rules, including on the collection of urban waste, as well as contact details of the holder of the accommodation operation.
 
This amendment, published on the 22nd of August, only came into force on the 22nd of October 2018. As for the definition of the containment zones, they must be duly regulated by each Municipality.

11-12-2018