Having a Local Accommodation has many advantages, but those responsible for it must take into account that there are many obligations associated with this activity.
Failure to do so will incur administrative offenses with associated fines.
Let us begin to analyze what the law dictates and what actions will be considered as infractions:
1) The offer, availability, advertising and intermediation of local accommodation establishments not registered or with outdated records;
This offense is punishable by a fine of € 2,500 to € 4,000 in the case of a natural person, and from € 25,000 to € 40,000 in the case of a legal person.
2) The offer, availability, advertising and intermediation of local accommodation establishments in violation, disrespect or non-compliance:
The) The lease;
B) Operating authorization;
This offense is punishable by a fine of € 2,500 to € 4,000 in the case of a natural person, and from € 25,000 to € 40,000 in the case of a legal person.
3) The practice of customer acquisition acts for local accommodation establishments not registered or with outdated records;
This offense is punishable by a fine of € 2,500 to € 4,000 in the case of a natural person, and from € 25,000 to € 40,000 in the case of a legal person.
4) Install and explore hostels in buildings on horizontal property in buildings where housing coexists without permission of the owners for that purpose. You still have to be part of the Prior Communication with Deadline a deliberation of that permission.
This offense is punishable by a fine of € 125 to € 3 250, in the case of a natural person, and from € 1 250 to € 32 500, in the case of a legal person.
5) If the owner of the establishment's operation do not keep all reported data up to date, and this update must be carried out at the Balcão Único Eletrônico within a maximum period of 10 days after the occurrence of any change.
If the holder proceeds to cessation of exploitation of the local accommodation establishment and do not communicate it through the Balcão Único Eletrônico within a maximum period of 10 days after its occurrence.
This offense is punishable by a fine of € 2,500 to € 4,000 in the case of a natural person, and from € 25,000 to € 40,000 in the case of a legal person.
6) THE maximum capacity of local accommodation establishments, with the exception of the 'rooms' and 'hostel' modality, exceed 9 rooms and 30 users, with some caveats in the law.
In the various modalities, each unit, only if you have adequate living conditions is that it can hold at most 2 extra beds for children up to 12 years old. If you behave more or are unable to do so, you will be subject to a misdemeanor.
If the same owner or owner of the holding owns more than 9 local accommodation establishments in the form of apartments, per building, if that number of establishments is greater than 75 % of the number of fractions in the building.
This offense is punishable by a fine of € 2,500 to € 4,000 in the case of a natural person, and from € 25,000 to € 40,000 in the case of a legal person.
7) Local accommodation establishments do not obey the General requirements required by law to exercise the activity.
This offense is punishable by a fine of € 125 to € 3 250, in the case of a natural person, and from € 1 250 to € 32 500, in the case of a legal person.
8) Local accommodation establishments do not meet the standards of identification and advertising expected.
Namely when they use the qualification of a tourism enterprise, as well as their typology or classification system.
Advertising, commercial documentation and merchandising for local accommodation establishments must indicate the respective name or logo and registration number, and cannot suggest characteristics that the establishments do not have.
This offense is punished with a fine of € 50 to € 750, in the case of an individual, and € 250 to € 7,500, in the case of a legal person.
9) THE no display of identification plate as required by law.
This offense is punished with a fine of € 50 to € 750, in the case of an individual, and € 250 to € 7,500, in the case of a legal person.
10) THE non-advertising of operating period as required by law. Namely for «lodging establishments'.
This offense is punished with a fine of € 50 to € 750, in the case of an individual, and € 250 to € 7,500, in the case of a legal person.
11) The owners of local accommodation establishments already registered at the date of entry into force of Decree-Law 128/2014 and consequent availability of a new registration number territorially competent municipal councils. If they have not yet done so, they should within 30 days after the Decree-Law comes into force, submit the following documentation: «Simple copy of the declaration of initiation or alteration of activity by the owner of the establishment's exploration for the exercise of the activity of providing accommodation services corresponding to section I, subclasses 55201 or 55204 of the Portuguese classification of Economic Activities», with the territorially competent city council, which sends it to Turismo de Portugal, IP.
Failure to do so will result in a misdemeanor.
This offense is punished with a fine of € 50 to € 750, in the case of an individual, and € 250 to € 7,500, in the case of a legal person.
After this reading, if you still have doubts about any of these points, we advise you to contact a lawyer for a personalized analysis of your case and a better clarification.
Legislation
Law No. 62/2018 of 22 August - Approves the legal regime for the operation of local accommodation establishments
Article 23
Offenses
1 - The following are constituted:
a) The offer, availability, advertising and intermediation of unregistered or outdated local accommodation establishments;
b) The offer, availability, advertising and intermediation of local accommodation establishments in violation, disrespect or non-compliance:
i) The lease;
ii) The exploration authorization;
c) The practice of customer acquisition acts for unregistered local establishments or those with outdated records;
d) Violation of the provisions of paragraph 4 of article 4;
e) Violation of the provisions of paragraphs 3 and 4 of article 6;
f) Violation of the provisions of paragraphs 1, 3 and 4 of article 11;
g) Non-compliance by the local accommodation establishment with the requirements provided for in articles 12 to 14;
h) Violation of the rules of identification and advertising, under the terms provided for in article 17;
i) Failure to display outside the identification plate as provided for in article 18;
j) Failure to publicize the period of operation as provided for in article 19;
k) Violation of the provisions of paragraph 4 of article 33.
2 - The offenses provided for in paragraphs a) to c) and in paragraphs e) and f) of the previous number are punishable by a fine of € 2500 to € 4000 in the case of an individual, and € 25 000 to € 40 000 in the case of legal person.
3 - Offenses provided for in paragraphs d) and g) of paragraph 1 are punishable by a fine of € 125 to € 3250, in the case of an individual, and € 1250 to € 32 500, in the case of a legal person.
4 - Offenses provided for in paragraphs h) to k) of paragraph 1 are punishable by a fine of € 50 to € 750, in the case of a natural person, and € 250 to € 7500, in the case of a legal person.
EN 
PT