Legislation

O "Hostel»Is a Local Accommodation registered with the modality of«Establishment of lodging'. This is the name used by lodging establishments whose predominant housing unit is the dormitory.

That is, a room consisting of a number minimum of four beds or by beds in bunk beds and that it complies with the other requirements established by law.

Considering accommodation unit predominant, when the number of users in dormitory is higher to the number of users in fourth.

Only the 'Accommodation'Meeting the requirements described above may use the designation'Hostel»In its name, advertising, commercial documentation and merchandising.

THE maximum capacity of local accommodation establishments is 9 rooms and 30 guests, however, in the case of 'Hostels» there is no capacity limit, contrary to what happens in the 'bedrooms», Where only 3 rooms can be in the owner's tax residence.

There shall be no place for the installation and operation of 'Hostels»In buildings in horizontal property in buildings where coexist housing without owners' consent for this purpose, and the respective resolution (minutes of the joint owners' meeting authorizing the installation) must instruct the prior communication with deadline.

At the time of registration, there may be opposition to prior communication with deadline within 10 days of its submission or within 20 days in the case of 'Hostels', the Mayor of the territorially competent municipality, opposes registration, with the following grounds identified:

The) Incorrect instruction from prior communication with deadline;
B) Duration of the term resulting from cancellation of registration;
W) Violation of the installation restrictions decided by the municipality, or lack of authorization to use the building properly.

Such opposition precludes the register number.

The holder of the 'Hostel»You must also post a identification plate (LA), next to the main entrance, and should also operating period, unless the 'Hostel»Is open every day of the year.

SECURITY RULES

Local accommodation establishments with capacity greater than 10 users, like the "Hostels'Shall comply with the safety rules against fire hazards, which can be known in Decree-Law no. 220/2008 and in the technical regulation of Administrative Rule no. 1532/2008.

RESTARANTE AND BAR

According to article 15 of Law 62/2018, which approves the legal regime for the operation of local accommodation establishments, the "Accommodation', Which fall under the local accommodation scheme, which may include'Hostels'May have establishments of provision of servicesby restoration and drinks.
For this to be possible, entrepreneurs when activity in finance, besides the Code of Economic Activity (CAE) to carry out local accommodation activities, must also include the CAE for that particular activity. It must also guarantee the specific requirements in the legislation applicable to similar establishments.

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. 63/2015 of April 23, proceeds to the first 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.

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.

SRP & E is composed of a multidisciplinary team of lawyers who, through the specialization of the services rendered, intends to provide its clients with the best possible follow-up.