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New Local Accommodation rules arrive in October

25 Aug 2018
New Local Accommodation rules arrive in October
Know what will change.
The law allowing municipal councils and town councils to intervene in the authorization of Local Accommodation (AL), which has since been approved by Parliament and promulgated by the President of the Republic, was published Wednesday in the Diário da República. 60 days in October.
 
The new rules were approved in the Assembly of the Republic, with the votes against the PSD and the CDS-PP, on July 18 and promulgated on August 2 by the President of the Republic, Marcelo Rebelo de Sousa, who said that there were " and difficult to conjugate some legal precepts. "
 
The law comes into force in October, the date from which new establishments will have to comply with these changes. The owners of existing housing, however, will have two years to adapt to the new rules.
 
"Existing LA establishments have a period of two years, starting from the date in force of this law, in order to comply with the other requirements set forth in this decree-law, namely that provided for in Articles 13, 13-A , 18 and 20a ", can be read in the document.
 
This deadline applies specifically to four standards: new safety requirements, mandatory liability insurance, mandatory identity cards and the possibility for LA owners to be subject to the payment of an additional contribution to the condominium.
What the new law says
- "With the objective of preserving the social reality of the neighborhoods and places, the territorially competent city council can approve, by regulation and with reasoned resolution, the existence of areas of contention, by parish, in whole or in part, for installation of new AL, and may impose limits on the number of LA establishments in that territory, which may take into account percentage limits in proportion to the housing available, "according to the approved diploma.
 
- It is also stipulated that "the same owner can only operate a maximum of seven LA establishments", a criterion that only applies to establishments that are installed after the entry into force of the law.
 
- The diploma also determines that "there can be no place for the installation and operation of 'hostels' in horizontally owned buildings in buildings where housing exists without the consent of the joint owners for that purpose."
 
- In the event that the AL activity is exercised in an autonomous fraction of the building, "the assembly of joint owners, by decision of more than half of the permission of the building, in a reasoned decision, resulting from repeated and proven practice of acts, disturbing normal use of the building, as well as cause discomfort and affect the rest of the owners, may oppose the exercise of LA activity of said fraction, giving, for this purpose, knowledge of its decision to the mayor of the city.
 
- As regards registration of the LA, it is necessary to make a prior communication with a deadline addressed to the mayor, which must be accompanied by the "minutes of the joint owners' meeting authorizing the installation, in the case of hostels."
 
- The mayor can oppose registration, based on established grounds, and the city council must carry out, "within 30 days after the presentation of the mere prior notice with deadline," a survey to verify compliance requirements.
 
- The law also determines that the condominium may fix the payment of an additional contribution corresponding to the expenses resulting from the increased use of the common parts, with a limit of 30% of the annual value of the respective quota.
 
- Establishments must have a multi-risk insurance for civil liability, so that the lack of valid insurance is grounds for cancellation of the registration of LA.
 
Since the law was passed in Parliament, and so far, more than 800 new local accommodations have been registered only in the municipality of Lisbon and close to 300 in Porto.
 
News: Idealista
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