The new Decree-Law on the Operation of Local Accommodation Establishments came into force on November 1st, which establishes the change to the Legal Framework, the operating rules for local accommodation and decentralizes powers to the Municipalities, meaning that new regulations will be necessary (Decree-Law No. 76/2024 of October 23rd).
The Municipal Assembly must deliberate, within a maximum period of 12 months from the date on which the Municipality reaches 1000 registrations, to exercise the regulatory power attributed to it.
The change relating to the Mais Habitação Programme and the fact that articles 18, 20 and 21 of Law no. 56/2023 have been revoked have been widely publicised.
It is also easy to find summary analyses from law firms on this subject. Even so, we found other new elements in the new decree to which we would like to draw more special attention.
In turn, the introduction into the legislation of the possibility of creating the position of Local Accommodation Ombudsman, a figure that will have a main role in supporting the respective Municipality, in the management of conflicts between residents, the owners of the Local Accommodation Establishment and the condominium owners, or third parties with opposing interests, establishing as its functions: Assessing complaints; issuing recommendations; and, approving and implementing good practice guides on the operation of the Local Accommodation activity, seeking to fundamentally harmonize the relationship between residents and owners.
As the main measure, in addition to the Ombudsman's mediating role, there is the possibility of defining containment areas and the fact that the Mayor can oppose the allocation of new registrations in areas identified as containment areas.
Regarding the possibilities of cancellation of registration, the prerogatives already established remain: the lack of mandatory insurance, or the failure to send information and proof; the repeated and proven practice of acts that disturb the normal use of the building; and, the verification of Local Accommodation Establishments installed in buildings where an urban lease agreement for permanent housing had been signed in the 2 years prior to registration, provided that the property is in a containment area and is in violation of the approved regulations.
In turn, the process of refusal by condominium owners regarding the installation of new establishments assumes the following requirements in a cumulative manner: a) Resolution approved by more than half of the building's percentage; b) Basis for repeated disruptions to the normal use of the building; c) Practice of acts that cause inconvenience and discomfort to condominium owners.
The Mayor may also resort to a new procedure with the aim of establishing an agreement between the parties, with the support of the Local Accommodation provider, seeking the assumption of commitments and conditions to be fulfilled.
Upon proposal from the Municipal Council, the Municipal Assembly may “suspend, for a maximum period of one year, the authorization of new registrations in specifically delimited areas, until the aforementioned regulation comes into force”.
What are containment areas?
The aforementioned containment areas will correspond to those in which an overload of Local Accommodation Establishments is identified and, the second, to areas in which prevention and monitoring of the installation of new establishments is justified, with a view to avoiding overload.
The restrictions and rules of these areas are subject to the rules established in the aforementioned regulation. Regarding the Sustainable Growth Areas Regime (Article 15.º-C) it determines:
“1 – In areas of sustainable growth, registration requests are also made through prior communication with a deadline (…)
2 – Without prejudice to other requirements applicable under this decree-law, municipalities may, (…) establish additional requirements for the installation of new local accommodation establishments in areas of sustainable growth, namely:
a) That in these areas, new registrations of local accommodation establishments in urban buildings, autonomous units or parts of urban buildings capable of independent use, and which have been the subject of an urban lease contract for housing in the two years prior to registration, cannot be authorized;
b) Medium or superior state of conservation, to be certified by a term of responsibility issued by a technician qualified for this purpose, which can be confirmed in an inspection to be carried out by the municipal council services;
c) Energy efficiency level equal to or greater than D, certified by a certificate issued for this purpose by the competent entity;
d) Maintenance of a certain proportion or minimum number of fractions or parts of a building capable of independent use intended for housing where local accommodation establishments do not operate.
3 – The municipal regulation that creates and regulates sustainable growth areas may establish exceptions to the limitations provided for therein, in particular, for properties built before 1951”.
The legislation determines that the creation of these areas must be supported by an evaluation study that analyses the concentration and impact of Local Accommodation in a given area, in order to comply with the principle of proportionality, and that they must be reassessed at least every 3 years, with information provided to Turismo de Portugal, IP.
In terms of supervision, it is the responsibility of ASAE and the Municipal Council of the associated territory to promote the necessary supervision to ensure compliance with current legislation. This marks the beginning of a new phase for Local Accommodation, which we hope will make a positive contribution to the places and the community. We know how necessary balance is for economic, industrial and other activities to bring benefits and value to local communities and to mitigate negative impacts.
Therefore, in addition to raising awareness in the sector through the respective Associations, it will be important for municipalities to promote awareness-raising actions regarding the procedural changes resulting from this new decree-law.
If we think about the region, it is now urgent to verify the definition of these containment and sustainable growth areas, as well as the necessary changes in municipal regulations responding to the specificities associated with historic centers and more sensitive areas of the territory.
Municipal action is awaited.
Author: Alexandra Rodrigues Gonçalves is the director of the School of Management, Hospitality and Tourism, University of Algarve, coordinating professor/PhD in Tourism, representative of the University of Algarve on the National Tourism Platform, researcher integrated in CinTurs – Research Center for Tourism, Sustainability and Well-being from the University of Algarve, collaborating researcher at CIAC and collaborating researcher at CITUR Algarve
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