Changes to Alojamento Local – Mais Habitação Law

Thanks to Gill Kelly for this information below.

Can you put this info out on your blog, I was blissfully unaware that my AL licence could be cancelled if I didnt prove that I am still actively receiving guests. This proof has to be provided by 7th December 2023, so not long.

Lei n.º 56/2023, de 6 de outubro – Mais Habitação

The above law entered into force on the 7 th of October 2023 and has important changes to the rules for Alojamento Local (AL) licences.

The following information about those changes were obtained from various sources and if Members have further questions, we strongly recommend that they seek information about their specific situation with a professional (accountant, solicitor or lawyer).

Below are the most important changes for the AL licences:

– The AL licence is no longer transferable: The registration number of the AL establishment becomes personal and non- transferable, except in the case of succession.

– The condominium can oppose to an AL: In the case where the AL activity is carried out in an autonomous fraction (apartment) of a building, the assembly of condominium owners, by decision of at least two thirds, may oppose to the exercise of an AL activity, except when the constitutive title of the building expressly provides for the use of the apartments for AL purposes, mostly used in urbanisations solely for tourism, or there has been an express decision by the condominium assembly to authorise the use of the apartments for that purpose.

– Suspension of new AL licences: The issuance of new AL licences for apartments, is suspended throughout the national territory, with the exception of interior territories of the mainland and the autonomous regions of Madeira and the Azores.

– Extraordinary contribution on apartments with AL: An additional tax contribution of 15% will be levied on apartments, which is to be paid in June of the following year.

– New AL licences issued after the entry of this law will be valid for 5 years.

– Existing licences issued before this law will be re-evaluated during 2030: If the licence will be accepted for renewal in 2030, it will then be valid for 5 years. The re-evaluations in both cases (new licences and existing licences) will be done by the local Câmara Municipal.

– Expiry of inactive licences: Within two months from the date of entry into force of this law (7 th of October 2023), ALL holders of an AL licence are required to provide proof of the maintenance of the activity, communicating this on the RNAL platform – Registo Nacional de Alojamento Local, through the Balcão Único Eletrónico. Non-compliance implies the cancellation of the respective licences, by decision of the president of the local municipal council. This is however NOT applicable to the AL licences that are used for accommodation in your own permanent home, provided that such activity does not exceed 120 days per year. Below you will find further information about the registration needed to prove that your AL licences is still active. This registration has to be completed by the 7 th of December 2023.
Registration that AL licence is still active:
You have to login to this platform: https://eportugal.gov.pt/entrar

Login can be done with:
Cartão de Cidadão , Chave Móvel Digital, or by a Solicitador/Advogado/Notário

Most foreigners do not have a Cartão de Cidadão, so the possibility to login would be through a Chave Móvel Digital (Digital Key). If you do not have that already, this can only be requested in person by the applicant themself. You can find further information on how and where in our Fact Sheet called “FS19 – Chave Móvel Digital”.

You can also ask a solicitor, lawyer or a notary to do the registration for you, however they will probably charge a fee for the service.

When registering you need to attach proof of the AL being active. Please attach the last IRS declaration which includes income from AL. If you only obtained your AL licence in 2023, we are not entirely sure what document should be attached, perhaps receipts issued for AL clients in 2023.

If you have any issues with completing the proof that your AL licences is still active, please contact a professional for assistance as afpop staff are unfortunately not qualified to assist with this registration.