The State of Portugal has passed a new decree-law (63/2015) in April 23, 2015, to amend the decree-law (128/2014) of August 29, 2014. These laws legalize and regulate the local accommodation establishments (estabelecimentos de alojamento local). This page is only designed to give you an overview of the local requirements, but it is the host duty to know the legislation and to comply with the local laws. misterb&b is not a legal adviser : you should have a look at the relevant laws and contact the local authorities or a local professional for further understanding.
Types of accommodation
Local accommodations establishments are defined as “aqueles que prestem serviços de alojamento temporário a turistas, mediante remuneração, e que reúnam os requisitos previstos no presente decreto-lei (128/2014)”. It can concern :
- Houses (moradias) : “estabelecimento de alojamento local cuja unidade de alojamento é constituída por um edifício autónomo, de caráter unifamiliar”
- Apartments (apartamentos) : “estabelecimento de alojamento local cuja unidade de alojamento é constituída por uma fração autónoma de edifício ou parte de prédio urbano suscetível de utilização independente”
- Lodging establishments (estabelecimentos de hospedagem) like hostels : “estabelecimento de alojamento local cujas unidades de alojamento são constituídas por quartos.”
These types of establishments must not exceed 9 bedrooms and 30 guests (except for the hostels). It must be distinguished from touristic activity establishments (empreendimentos turísticos) that responds to more demanding laws.
Electronic communication by the Balcão Único Eletrónico
Before operating a rental activity, Hosts are required to file a notification to the mayor of your city : this can be processed online for free on the Balcão Único Eletrónico.
By this process, the rental unit will be given a registration number, that must appear on the misterb&b listing. In order to do so, when connected on your misterb&b account, you should go to “edit my listing” > “address”.
Note that within a month after the notification of a rental unit, an inspection will be conducted by the services of the City of location.
Your local accommodation establishment must comply with some requirements, of which the list displayed in article 12 of Decree-Law 128/2014.
Your unit must also comply with fire safety requirements enshrined in Decree-Law 220/2008 of November, 12, 2008 and the Ordinance 1532/2008 of December 29, 2015. If a rental unit only has a capacity of 10 Guests or less, the Host is only required to ensure the availability of a fire extinguisher, a fire blanket, first aid equipment and to display prominently the national emergency number (112).
Every local accommodation establishments must have a complaints book as required by Decree-Law (156/2005) of September 15, 2015.
Since January 1, 2016, the local accommodations establishments and the tourist establishments in Lisbon have to levy the taxa municipal turística de dormida. It is paid by the guest : 1€ per night, up to 7 nights (maximum of 7€). Are exempted from the tax the persons under 13 years old and the medical stays.