Significant changes in the regulation of Local Accommodation with the "Mais Habitação" government package

17 October 2023
Significant changes in the regulation of Local Accommodation with the "Mais Habitação" government package

Main measures of the government package in relation to the local accommodation activity:

Non-transferability:

The Local Accommodation license is personal and non-transferable, and the rule also applies to the Legal Person.

The AL License is only transferable in the event of succession.

New Licenses:

With the exception of territories in the interior of the country, new licenses are suspended in the modalities of apartments and accommodation in autonomous fractions of buildings.

Condo VS AL:

AL ́s operating in apartments (autonomous fractions or susceptible to independent use) now have the possibility of opposition by the condominium assembly if there is a resolution of at least two thirds of the permilage.

Exceptions:

a) If the constitutive title provides for the use of the fraction for local accommodation purposes.

b) If there has been a resolution of a meeting of condominium owners to authorize the use of the fraction for local accommodation.

Expiration of inactive records:

With the exception of the operation of LA units in HPP up to 120 days/year, LA registration holders are required, within 2 months from the date of entry into force, to provide proof, by submitting a contribution declaration, of the maintenance of the operating activity, communicating the effectiveness of the exercise on the RNAL platform (National Registry of Local Accommodation) through the electronic one-stop shop.

Failure to comply will result in cancellation by decision of the President of the corresponding city hall

CEAL Extraordinary Contribution on LA

An extraordinary contribution of 15% has been created for all AL´s that operate or are integrated into autonomous fractions that can be used independently.

AL units located in low-density areas are exempt from this extraordinary contribution

 

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