Legislation

With the objective of preserving the social reality of neighborhoods and places, town hall of each municipality, may by regulation define the existence of containment areas, by parish, in whole or in part, for the limitation of the installation of new Local Accommodation, and may impose limits on the number of local accommodation establishments in that territory, which may take account of percentage limits in proportion to the housing available for housing.

At containment areas identified by each municipality are communicated to the Tourism of Portugal, IP, so that it introduces a reference to the limitation of new registrations in these areas in the Single Electronic Counter, upon its registration.

At containment areas should still be re-evaluated every 2 years and shall communicate their conclusions to the Tourism of Portugal, IP, so that the limitations can be rewritten when registering new accommodation establishments in these areas.

THE establishment of new establishments of local accommodation in containment areas lacks authorization expressed by the City Council what, in case of approval, promotes its registration.

In containment areas defined, the same owner you can only explore one maximum of 7 (seven) local accommodation establishments, and owners who on October 21, 2018 exceed this limit can not affect more properties to the exploitation of local accommodation in the referred areas.

The document issued by the Single Electronic Counter, which contains the register number establishment of local accommodation is the only valid title of public opening and advertising of the establishment.

However, the register number establishment of local accommodation, in the modalities of 'home" and "apartment', located in containment areas, is personal and non-transferable even in the ownership or ownership of a legal person, and the opening title expires in the following cases:

The) Transfer of ownership of the register, cessation of exploitation, lease or other form of change in ownership of the holding;
B) Transmission of the share capital of the collective person holding the registration, accumulated or not, in a percentage greater than 50%.

Except in situations of succession.

O Mayor of the City territory, may determine, preceded by a prior hearing, the cancellation of registration of an establishment, if it has been installed in violation of those containment areas.

In order to safeguard the effectiveness of the city regulations that will approve the existence of containment areas, the municipalities can, under a reasoned proposal of the city council, suspend, for a maximum period of one year, the authorization of new registrations in specifically delimited areas, until the entry into force of that Regulation.

LEGISLATION

• Law no. 62/2018 of August 22, makes the second amendment to Decree-Law no. 128/2014, of August 29, which approves the legal regime for the operation of local accommodation establishments.
• Decree-Law No. 128/2014 of 29 August approving the legal regime governing the operation of local accommodation establishments.

Law no. 62/2018 of August 22, under Article 7 (Public opening title), Article 9 (Cancellation of registration) and Article 15 A (Containment areas).

This article has been reviewed and approved by SRP & E Sociedade de Advogados, attesting that its content is in accordance with the legal regime in force.

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