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31 October 2018

Local Accommodation: Concept and Legal Regulation

This information is aplicable at Portugal.  CONCEPT This information is in accordance with Law 62/2018 (effective as of November 20). Local accommodation establishments means those who provide temporary accommodation services to tourists for remuneration and who meet the requirements. However, exploitation as a local accommodation is prohibited when establishments meet requirements to be considered as tourist developments. There are four types of Local Accommodation establishments: Dwelling House   Unit of accommodation is constituted by an autonomous building, of unifamiliar character;   Apartment   Establishment of Local Accommodation whose accommodation unit consists of an autonomous fraction of a building or part of an urban building susceptible of independent use;   Accommodation Establishment   Establishment whose lodging units consist of rooms, hostel;   New modality in 2018 (law nº 62/2018) Bedrooms   When the rooms are in the permanent residence of the owner of the local accommodation establishment (maximum 9 rooms).     LEGAL REGULATION - Law nº 62/2018 The figure of local accommodation was created by decree-law no. 39/2008, of March 7, and the last change to this regime was in 2018, with the law nº 62/2018, of August 22, that enters into force on November 20 of the current year. The operation of a Local Accommodation establishment corresponds to the exercise, by an individual or collective person, of the activity of providing accommodation services. It is presumed that there is exploitation when this property is being advertised, made available or intermediated, by any form, entity or media. On the other hand, it is also assumed when a property  furnished and equipped, offered besides sleeping, complementary services to the lodging, in periods less than 30 days. What changes for the city councils? They can establish areas of contention; They have the chance to cancel the registration; They can do an inspection to the establishment; An owner can only explore a maximum of seven Local Accommodation establishments; They may suspend the authorization of new registers in areas which are expected to be classified as containment areas; Although the owners only have to make a prior notification for the registration of new establishments, the municipal councils can oppose within 10 days after the presentation of the communication.   What changes for the owners? They are required to have multi-risk insurance for damages caused in the common areas of the building; Provide guests with a document with all the rules of use of the building. In case there is a regulation of the condominium should also be delivered; All owners of a local accommodation have to affix to the entrance an identification plate; It is obliged to notify the cessation of the operation of the establishment, within 10 days after the notification of the cessation, through the Single Electronic Counter. The same deadline is applied to communicate cessation to digital platforms.   What changes to condominiums? Possibility of closing a local accommodation establishment through a substantiated complaint to the chamber; They may set the payment of an additional contribution with a limit of 30% of the annual value of the respective quota.   Transitional provision - Existing establishments have two years to adapt to this law. This publication is purely informative, and does not dispense with the official documentation due. The Domingos Salvador Accounting Office is available to help you fulfill this declarative obligation. Do not hesitate to contact us to schedule a meeting: +351 227537270 or accounting@domingossalvador.pt.            
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cicap@cicap.pt

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