Local Lodging Establishments are those that supply temporary accommodation services to tourists in exchange for remuneration. It is prohibited for those establishments that meet the requirements to be considered tourism enterprises to operate as local lodging establishments.
// Types of Local Lodging Establishments
_ Villa: a local lodging establishment whose accommodation unit consists of an independent building to be used by a single family
_ Apartment: a local lodging establishment whose accommodation unit consists of an independent unit of a building or part of an urban building subject to independent use.
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Guest house: a local lodging establishment whose accommodation units consist of rooms, integrated in an autonomous fraction, in an urban building or part of an urban building susceptible to independent use. Lodging establishments may use the name
hostel when the predominant accommodation unit is a dormitory [i.e. when the number of users in a dormitory is greater than the number of users in a room], and if they meet the other requirements laid down for this purpose.
As of February 4, 2021, hostels have new requirements - see Ordinance 262/2020, of November 6 [PT]
_ Rooms: local lodging provided at the holder's residence - corresponding to his tax domicile - where the accommodation unit is not more than three bedrooms. If the holder's intention is to use the rooms of the villa or apartment as accommodation units and not the villa or apartment itself as the only accommodation unit, the method to be registered will be that of lodging establishment or rooms if, in this case, their number is up to 3 and the villa or apartment corresponds to the fiscal domicile of the holder of the enterprise.
// Capacity of local lodging establishments
Limits to the capacity of local lodging establishments
_ The maximum capacity of local lodging establishments is 9 rooms and 30 users, except for hostels, which have no capacity limit, and rooms which can only be three.
_ The capacity of local lodging, in terms of users, is still limited according to the characteristics/dimension of the dwellings and may not exceed the number that results from multiplying the number of rooms by two.
In the case of apartment and villas, the possibility of accommodating two more users in the room is increased, according to Instituto Nacional de Estatísticas (INE) indicators.
In all types of lodging, and if living conditions exist, up to two additional beds can be installed for children up to the age of 12.
Capacity limits for apartments in the same building
_ Each proprietor or titleholder of the local lodging operation shall only be allowed to operate more than nine local lodging establishments in the apartment category per building if the number of these establishments is not more than 75% of the number of units existing in the building.
_ When making the calculation referred to in the previous number, local lodging establishments classified under the apartment category registered under the name of the spouse, descendants and ascendants of the proprietor or titleholder of the operation and those registered under the name of different legal persons that have common partners shall be included.
// Procedure for the opening to the public of local lodging
_ In order to start the operation of local lodging establishments, it is necessary to carry out the authorizations in the
online Portal.
Further information on local lodging: legal regime guide.
