The Local Accommodation contains interesting investment opportunities and profitability in the real estate sector. The concept, legal and promotional character of Local Accommodation were created to regulate the provision of temporary accommodation services in establishments that did not meet the legally required requirements, which now qualify as offering tourist accommodation.
1 – Concept
Local accommodation establishments are those who provide temporary accommodation services to tourists, for remuneration, and who meet the requirements of Decree-Law no. 128/2014, of August 29, as amended by Decree-Law no. 63/2015, of April 23, and it is not allowed to operate as establishments of local accommodation of establishments that meet the requirements to be considered tourist enterprises.
The operation of a local accommodation establishment corresponds to the exercise, by a natural or collective person, of the activity of providing accommodation services. It is presumed that there is an exploration and intermediation of a local accommodation establishment when a property or fraction thereof:
a) Is advertised, made available or object of intermediation, by any means, entity or means, namely in travel agencies and tourism or Internet sites, As accommodation for tourists or as temporary accommodation;
b) If it is furnished and equipped, it is offered to the general public, in addition to sleeping, complementary services to the accommodation, namely cleaning or reception, for periods of less than 30 days. The presumption referred to in the preceding paragraph may be waived, in particular by submitting an urban lease agreement duly registered with the finance department.
The operation of a local accommodation establishment depends on previous registration of these establishments through a simple prior communication carried out at the Single Electronic Counter. The offer, availability, publicity and intermediation of unregistered local accommodation establishments or with outdated registrations is not allowed.
2 - Modalities
Local accommodation establishments fall into one of the following categories:
a) Housing: the establishment of local housing whose housing unit is constituted by an autonomous building, of a single family character.
b) Apartment: the establishment of local accommodation whose accommodation unit consists of an autonomous fraction of a building or part of an urban building susceptible of independent use.
c) Accommodation establishments: the establishment of local accommodation whose accommodation units consist of rooms. They may use the hostel name when the predominant housing unit is a dormitory, ie a room consisting of a minimum of four beds or bunk beds, and if they comply with the other requirements laid down by law for that purpose. If the purpose of the promoter is to use the rooms of the dwelling or the apartment as accommodation units, and not the dwelling or apartment itself as the only housing unit, the modality to register will be to establish accommodation.
3 - Questions and Answers
I have or will want to buy a property that I intend to convert as "local accommodation", what should I do?
For the conversion of a property to a local accommodation establishment, it is required to pre-register the establishment, through a prior communication, at na Electronic Counter and declare the start of activity with the Tax and Customs Authority.
I have one and I´m buying a property and would like to convert into to farm as a "local accommodation, what are the steps?
If you are the owner and you want the provision of accommodation services on the property to be carried out by another person, you must enter into a lease, an assignment of operation, or other, that entitles that person or company to provide the said service. It is then that person or company that must make the mere prior communication to register the accommodation.
What are the differences between the three types of local accommodation establishments?
Whilst in the "property" the living section is the autonomous building and in the "apartment" is an autonomous fraction of a building or part of an urban building susceptible of independent use. In the "accommodation establishment" the living units are the rooms.
What is a hostel?
Hostel is na accommodation establishment whose predominant accommodation unit is the dormitory, that is to say, a room consisting of a minimum of four beds or beds in bunk beds and which meets the other requirements laid down by law. Considering a "predominant" housing unit when the number of users in a dormitory is higher than the number of users in a room.
Albergue What is one?
The Albergue is an accommodation establishment for the predominantly dormitory housing unit, this is a room consisting of a minimum of four beds or per bed in bunk bed and that meets the other requirements provided by law. A "predominant" housing unit is present when the number of users in a dormitory is higher than the number of users in a room.
Can there be several local accommodation establishments in the same building?
Yes, but in the case of local accommodation establishments in the form of an appartment, each owner or holding owner may not explore more than nine if this number exceeds 75% of the number of fractions in the building. For the holding calculation referred to, all appartments registered in the name of the spouse, descendants and ascendants of the owner or holder of the holding, as well as those registered in the name of distinct legal persons in which there are joint partners, shall be taken into account. Each holding holder may only operate per building more than 9 units in the apartment mode, when that number does not exceed 75% of the number of fractions in the building.
By law, it is only possible to use the name of the hostel in accommodation establishments. In case of a property with a large number of rooms with bunks, will it be possible to use this name?
You have to comply to the rules of the accommodation unit: in the appartment, the unit of the accommodation is regarded as the appartment, that is, the rental is of the property. If the intention is only to rent rooms, this will become part of the concept of hosting. To use the name of hostel it is necessary that it is a lodging establishment in which the predominant lodging unit is the dormitory.
Is is required any licensing or authorization to search for local accommodation establishments?
No it is enough to register the establishment in the Register of Local Accommodation (RNAL) through basic agreement which was previously done at the Único Electrónico Counter.
Can a construction from start be done for a local establishment, for example for an accommodation establishment?
The installation of local accommodation establishments in buildings built for this purpose is not prevented by law. In this case, the work must be licensed in general terms by the Municipality and obtained a permit for use, and then register the establishment at the RNAL (National Registration of Local Accommodation) in one of the housing modalities provided by Decree-Law no. 128/2014, of August 29.
"Hotel-appartments" under construction, ie, that still does not have the conditions to request the use of a license, a request for an alteration on the project can be done in order to be able to change the use of local accommodation?
The use of "local accommodation"does not exist but on the other hand, only those establishments which do not meet the requirements and considered as tourist enterprises, can be registered as a local accommodation. However, if there is an approved project for a hotel appartment, it must be considered and from such time the establishment meets the conditions to be a tourist development, and therefore cannot be exploited as local accommodation.
Is the registration at the RNAL (National Registry of Local Accommodation) compulsory?
Yes, the registration is required and your timely achievement, being implemented and updated are the necessary conditions for the offer, availability, publicity or intermediation in the development of a local accommodation establishment
Sign boards are compulsory for all modality types of local accommodation establishments?
These sign boards are to be displayed outside the main entrance, as it is required for lodging establishments.
In a hostel, it is necessary to place a sign board outside?
Yes, as a lodging establishment, it is required to have a sign board on the exterior.
The complaint book is compulsory for all modality types of the Local Accommodation Establishments?
Yes, all local accommodation establishments must have a complaint book in accordance with the rules contained in Decree-Law no. 156/2005, of September 15, in the current version
Note: Valid legislation consulting applies