Inqubo Yokubhalisa yase-Portugal: Imibuzo Evame Ukubuzwa
Airbnb recently announced that it would implement a new listing protocol in Portugal that makes it easier for hosts to comply with the applicable short-term rental laws.
Within the next few weeks, Airbnb hosts in Portugal can add an existing registration number, or claim an exemption directly from the Airbnb website.
The following section provides answers to frequently asked questions about the agreement and implementation process.
Watch this video to learn more:<figure></figure>
What is the current law in Portugal around short-term rentals?
Before you can rent out your home to paying guests, you must register your property with the authorities as a Local Lodging establishment (Alojamento Local). This requirement is called the Local Lodging regime (Alojamento Local regime) and is set forth in Decree-Law no. 128/2014, of August 29, amended by Decree-Law no. 63/2015 of 23 April, an official consolidated version of which can be found here.
What is registration?
Registration is the process by which a host enters their registration number obtained from the Portal do Cidadão onto their Airbnb listing, or claims that they are exempt from registering.
Who needs to register?
All Alojamento Local establishments must be registered. Alojamento Local establishments are those which provide temporary accommodation services to tourists against payment, in one of the following forms: (i) houses; (ii) apartments; (iii) lodging establishments (includes hostels/dormitories) and (iv) rooms
Furthermore, the Alojamento Local regime assumes that there is an Alojamento Local when a building or a fraction of it is presented, made available or is subject to any intermediation as an accommodation intended for tourists or short-term rentals, namely on websites or travel agencies; or when it is furnished and equipped and offers complementary services, such as cleaning or a reception desk, for periods of less than 30 days - this presumption may be rebutted under the terms of the law, for instance by providing proof of existence of an urban lease contract duly registered with the tax authorities.
What if I'm hosting long-term guests and/or listing a licensed hotel, bed & breakfast, or timeshare?
You can offer long-term accommodation for periods of less than 1 year, which is the minimum duration of ordinary urban leases under Portuguese law. If you are interested in this modality of renting, you can check the requirements for your listing not to be considered as Alojamento Local and therefore be exempted from registration here. In this case, please, consider registering your rental contract before the tax authorities here.
Touristic enterprises (see below for a complete list) have their own legal regime (Regime Jurídico da Instalação, Exploração e Funcionamento dos Empreendimentos Turísticos, Decree-Law no. 39/2008, of March 7, as amended) that covers establishments intended to provide accommodation services against remuneration, having an appropriate set of facilities, equipment and complementary services for their operation.
A complete list of touristic enterprises can be found below:
- Hotels (includes inns, guesthouses, and bed & breakfasts)
- Holiday villages
- Tourist apartments
- Town and country house tourism accommodation
- Tourism enterprises in rural areas
- Campsites and caravan sites
- Nature tourism enterprises
How do I register?
Here are the steps to register for a new license, add an existing license, or claim an exemption:
- Go to Your listings on airbnb.com
- Click your listing in Portugal
- Click Registration at the top of the page
- Follow the instructions to register, then click Submit
- Repeat this process for all your listings in Portugal
What if I've already registered?
If you’ve already registered please complete the steps above to add your existing permit number to your listing.
What if I'm exempt from registering?
To claim an exemption, follow these steps.
How much does it cost to register?
The registration process itself is free.
How often do I need to renew my registration?
There is no need to renew your registration. Please note however that if any of your listing details or registration details change, you will need to update the Portuguese Authorities within 10 days. You should also update your Airbnb listing to reflect any new information
What information will I be required to submit as part of my registration with the government or Portugal?
You must provide the following information:
- Name, address and Tax Number (NIF) of the owner/person who is going to carry out the activity
- Start date of the activity
- Capacity (rooms, beds and users)
- Valid authorization of use of the property
- Emergency contact details
- Name adopted by the establishment and its address
As well as the following documentation:
- Passport/ID/Company documents
- Land Registry document
- Signed declaration that your property is suitable as an Alojamento Local establishment
- Lease agreement, deeds or other document that entitles you to rent your property
- Declaration of Tax Activity (Declaração de Início de Atividade), CAE 55201 or 552014.
I am a touristic animation agent or travel agent, what obligations should I comply with?
If you are a touristic animation agent or a travel agent please note that you may subject to registry obligations. Information and applications for this registry can be found on the Turismo de Portugal’s website in the section about National Registry of Touristic Animation Agents (RNAAT). Please make sure you comply with those when describing your listing, namely by indicating your registry number. You may find additional information regarding such requirements here.
I want to register my alojamento local in the Açores, how can I do so?
In order to register an alojamento local in the Açores you must contact the city council of the respective municipality where your alojamento local is located. You can find further information regarding the obligations for registering an alojamento local in the Açores here.
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