The National Assembly approved, on 18 July, the Law amending the legal framework for the operation of local housing establishments.
This new law reinforced the powers of the municipal councils and the condominiums themselves, having established some additional requirements as to the owners of the local housing establishments.
One of the most relevant changes to the legislation in question concerns the creation of "containment areas" by the territorially competent Municipal Councils. In such areas, limits may be imposed on the number of local accommodation establishments, by reference to housing available for housing. The installation of new establishments in these areas will require an express authorization from the city council, contrary to the procedure applicable to the other areas, which suffices with a prior communication with a deadline by the owner, carried out through the Electronic Single Desk, followed by non-opposition by the Municipal Council.
On the other hand, the owner of the local housing is held jointly and severally liable to the guests for damages caused by them in the building where the unit is located, being compulsory the conclusion of a multi-risk civil liability insurance covering the damage resulting from the activity of providing lodging services, caused to guests and to third parties.
Local housing establishments will be required to have an information booklet on the operation of the establishment and its internal rules of use. This book must contain the telephone contact of the person responsible for the operation of the establishment and must be made available in Portuguese and English and in at least two other foreign languages.
It will also become compulsory to affix identification plates outside the buildings for the local accommodation activity.
On the other hand, the joint owners, and in cases where local accommodation activity is carried out in an autonomous section of a building or part of an urban building that can be used independently, may oppose the exercise of the local accommodation activity in said fraction. To this end, the said decision must be taken in a joint assembly of more than half of the permiliated building and must be based on repeated and proven practice of acts that disturb the normal use of the building, as well as acts that cause inconvenience and affect the rest of the condominium owners. Once the decision of the joint owners is known to the President of the Municipal Council, it will be the one who, with the power to delegate powers to the Councilors, will be competent to decide on the request for cancellation of the registration of the establishment.
On the other hand, the condominium may fix the payment of an additional contribution corresponding to the expenses resulting from the increased use of the common parts, with a limit of 30% of the annual value of the respective quota.
Finally, the ASAE and the territorially competent Municipal Council will supervise compliance with the provisions of said Law, as well as the investigation of the respective proceedings and the application of fines and ancillary sanctions.
This Law will enter into force 60 days after its publication, which took place on 22 August.