The new housing law (Lei 56/2023 de 6 de outubro) which came into force on 7th October 2023, places restrictions on new AL (Alojamento Local) tourist rental registrations. Since this “Mais Habitação” law was passed, many people have got the (wrong) idea that new AL registrations are no longer possible in Portugal. This is not at all true, and we detail here several situations where it is still possible to register a new Alojamento Local property.
1. IN LOW DENSITY INTERIOR AREAS
However, we do remind readers that even in these low-density areas, when an AL is registered in a horizontal property, or condominium building, a unanimous decision from the condominium authorising the AL is required.
2. IN AZORES AND MADEIRA
The suspension of new AL registrations does not apply to the Autonomous Regions of Portugal (Regiões Autónomas), which are the Azores Islands and Madeira.
3. QUARTOS AND MORADIA CATEGORIES
The suspension of new AL registrations in the Mais Habitação law applies only to AL’s registered in the “Apartamento” and “Estabelecimento de Hospedagem” categories when implemented in an autonomous unit (fração autónoma) of a condominium building. This means that the other two AL categories are always allowed: “Quartos” (rooms) and “Moradia” (single family villa, or house).
4. ENTIRE BUILDINGS
If a building is not divided into autonomous housing units (normally indicated on the Caderneta Predial document as “andares ou divisões suscetíveis de utilização independente“, and is registered as having “Propriedade Total“, then it may be implemented as an AL.
5. IF THE MUNICIPAL HOUSING CHARTER ALLOWS
The new law states that the suspension of new AL registrations may be terminated if so indicated by the “Carta Municipal de Habitação“. This local housing charter can therefore take precedence and allow new AL registrations in certain parts of the city. Most municipalities haven’t yet approved the housing charters, but will likely do so in the coming weeks and months.
NOTE: Local regulations, such as the contention areas (“áreas de contenção“) in Lisbon or Ericeira may also affect your ability to register a property as Alojamento Local. To obtain the definitive information, the local municipality should be consulted.