RESTRICTION FOR SHORT-TERM RENTALS FOR TOURISTS WHEN THERE IS NO AL REGISTRATION

by | Dec 27, 2023 | Alojamento Local, Owners, Rentals

In a previous post, we explained the difference between Alojamento Local and long-term rentals, and how it’s possible rent for even just 1 day with no AL registration or licence. We also explained how it’s possible to advertise on sites like Airbnb with no AL registration. In summary, the solution was to register a rental contract for “transitory purposes” with Finanças for every stay, for any duration up until 1 year. The law allows such contracts to be registered for transitory purposes due to tourist, professional or educational (training) reasons.

However, during the parliamentary discussions on the 2024 State Budget, the Bloco de Esquerda party proposed a small change to the law, included in the final approved text (available here), which limits such contracts to one per year. The proposed decree adds an additional item (Nº 4) to Article 1095 of the Civil Code, which states:
Por cada ano civil, e relativamente a cada fração ou prédio, apenas pode ser celebrado um contrato para fins especiais transitórios por motivos turísticos.
Translation: For each calendar year, and for each property or property unit, only one contract for special transitory purposes for tourist reasons may be implemented.

At the time of writing this post, the text hasn’t yet been published as law, but it is very unlikely to change.

This means, therefore, that owners with no AL registration can advertise on Airbnb and rent to tourists for any period from 1 day and less than 1 year if they register a rental contract with Finanças for transitory purposes for tourist reasons, but can only do so once per year.

NOTE: It is still possible to register such contracts for professional or training reasons. This means that if the guest needs to stay in the property for work, or training, the contract must reflect this fact, and state that the stay is for “motivos profissionais, de educação e formação“.