
NEW RULES ON LOCAL ACCOMMODATION
On October 23, 2024, Decree-Law No. 76/2024 was published, which amended the Local Accommodation (AL) regime, notably ending substantial restrictions that had been imposed by the “Mais Habitação” program.
The most significant consequences of the entry into force of this Decree-Law lie in the termination of the general suspension on the issuance of new AL registrations, meaning that (with the exception of municipalities that, immediately following the entry into force of the law, still suspend new registrations) it is once again possible to apply for AL registrations for all properties, which will no longer have any expiration date.
Municipalities with more than one thousand ALs may opt to create a regulation within one year of reaching one thousand ALs, during which time they can still suspend new registrations until the respective regulations establishing the rules for the activity in their territorial area are published. These regulations may also establish containment and sustainable growth areas to limit the terms and conditions for obtaining licensing for the activity.
All norms preventing the transferability of registrations have also been revoked, allowing for the transfer of existing AL registrations to new owners of properties that already have AL registration, whether held by individuals or entities. However, it should be noted that municipal regulations may still impose limitations on such transferability.
The powers of the condominium concerning AL have also been altered, eliminating the need for prior authorization/declaration from the condominium for the installation of an AL (with the exception of hostels, which have their own rules). Thus, the prohibition of AL activity can only occur if resulting from the condominium regulations.
In addition to other changes, Decree-Law No. 76/2024 came into force on November 1, 2024, with the declared aim of creating conditions for the AL activity to consolidate in a manner balanced with the habitation environment, respecting the rights of private initiative, private property, and habitation, while reconciling the economic and urban impacts of this activity in Portugal.
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