ALEP WARNS OF “MAIS HABITAÇÃO” CONFLICT WITH EUROPEAN LEGISLATION

by | Feb 8, 2024 | Alojamento Local, Mais Habitação

Now that the new “Mais Habitação” legislation has been passed and the first impacts felt, the Presidente of ALEP, in close partnership with the European Holiday Home Association, presented on Wednesday an official complaint to Brussels warning of a conflict with European law.

In a statement, Eduardo Miranda said that this action is supported by a detailed legal opinion, already public, which highlights the numerous incompatibilities and the conflict between the Mais Habitação measures for AL and European legislation.

Among the various Mais Habitação measures that conflict with EU legislation, the following stand out:

– The non-transferability of registrations, which for example means losing the licence with the sale of just 1% of the shares of a company with an AL and also prevents the transfer of the licence to the spouse in the event of divorce, and which has no relation to the housing problem.
– The prohibition of new registrations, even in properties with services licence, or in the owner’s permanent home – a restriction that has no practical effect on housing.
– The prohibition of new registrations all along the coast, including regions where the presence of AL is insignificant and whose urban pressure coefficient presented by the Government is low or close to zero.
– The limitation of the validity of registrations, which also affects holders who are already operating, leaving them subject to reassessment in 2030, without any guarantee of renewal being given, as well as the criteria for the same.
– Extraordinary taxes (CEAL) that strongly harm certain segments of AL and favour other tourist accommodation, such as hotels, thus creating an environment of unfair competition.

The Commission will now analyze the complaint presented and may request more information to decide whether to proceed with infringement proceedings against the Portuguese State. There is no deadline for making a decision, but the evaluation should take place over the next few months and the complaining entities, EHHA and ALEP, will be informed of the progress of the process.