New Rules for Local Accommodation

The legislation of the "More Housing" program, published this evening by the Government on the official LEX Consultation website – at a time when half of the time scheduled for public consultation of the new measures, which ends on March 10 has already elapsed – confirms that the issuance of new registrations of local accommodation establishment is suspended at is December 31, 2030, "with the exception of areas for rural accommodation, under the terms to be defined by ordinance of the members of the Government responsible for the areas of economy, housing and territorial cohesion" and specifying that "it does not apply to the Autonomous Regions". 

Thus, the parish councils join the Food and Economic Security Authority (ASAE) and the municipal councils to "determine the temporary prohibition of the operation of local accommodation establishments, in whole or in part", namely "when the lack of compliance with the applicable legal provisions jeopardizes the safety of the that of users or public health".

As was already known, the registration of local accommodation establishment now lasts for five years and the renewal requires authorization from the territorially competent city council.

The exception is "local accommodation establishments that constitute collateral for loan agreements concluded on a date prior to the entry into force of this law, which have not yet been fully liquidated on December 31, 2030, and whose validity may be extended until the date of full amortization."

Condominium owners can oppose local accommodation in parts of the building

Condominium owners may object to local accommodation in autonomous fractions of buildings or in parts of urban buildings, unless the constructive title provides for such use, the Government clarified.

"In the event that the activity of local accommodation is carried out in an autonomous fraction of a building or part of an urban building susceptible to independent use, the joint owners' assembly, by resolution of more than half of the permilage of the building,  can oppose the exercise of the activity of local accommodation in the said fraction", according to the legislation of the program "More Housing", which was published on Friday night.

However, this rule does not apply if the constructive title provides for the use of the respective fraction for that purpose or if the joint owners assembly has expressly authorized the activity.

The decision to cancel the registration, which implies the "immediate cessation"of the activity and, has to be made known by the condominium assembly to the president of the respective City Council.

The legislation published on Friday also confirms that the Government will institute an "extraordinary contribution on local accommodation".

There are seven days left to finish the public consultation of the More Housing program, announced by the Government on February 16 and put to discussion on the 20th. The More Housing Program provides, among other measures, the provision of more land for housing construction, incentives for private construction or tax incentives for owners to put homes on the rental market.

Among the measures aimed at stimulating the rental market, as well as the streamlining and incentives to construction, include the end of 'gold' visas, the State replacing the tenant and paying rents with three months of default, the obligation to offer a fixed rate by banks in housing credit or the exemption of capital gains for fam Who sell houses to repay their home loan.

The measures of the More Housing Program will cost about 900 million euros, excluding in this estimate what will be values of costs with rents, with works to be carried out or with purchases, but including the value of credit lines, and will use funds from the State Budget, as already indicated by the Minister of Finance, Fernando Medina."

https://eco.sapo.pt/2023/03/04/suspensao-de-licencas-para-alojamento-local-exceciona-zonas-para-alojamento-rural/