# Portuguese apartment letting license



## rober1t

Is there anyone out there who can advise me with regard to the law regarding the letting license in Portugal; reference Law nº 39/2008, of 7th March 2008.

I have had conflicting information about the law and whether it applies to our apartment, which we let to friends or via a UK web site.

Specifically, these are short term rentals, giving self catering accommodation.

One web site I have seen "TRAVELLINGTOLISBON says the following.....

"The letting of the properties on this web site are intended solely for short term residential purposes of a special transitory nature – specifically self catering accommodation – in accordance with article 1095º, nº 3 of the Portuguese Civil Code. In no way does it constitute an offering of tourist lodging within a tourist complex as contemplated in Decree Law nº 39/2008, of 7th March."

This suggests that a license is not required in our situation.

However, another website "rentlegal" states....

"Decree Law number 39/2008 of the 7th of March, stipulated the new legal regime for the installation, exploration and operation of tourism developments and revoked the existing laws ruling this matter. Article 3.1 determines that villas, apartments and hosting establishments, that have a habitation license, which render services of temporary lodging to paying guests, but which do not comply with criteria to be considered tourism developments, will be considered as Local Lodging Establishments. Any property in the category “Local Lodging Establishment” which is to be let commercially must now have the rental license - Alojamento Local”

Can anyone clarify this.

I wonder if the key words are that a license is required where the letting is one...which render services of temporary lodging to paying guests... and not where we are offering a short term residential letting, where the purpose is of a special transitory nature – specifically self catering accommodation to our guests.


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## cathyt

*alojamento local*

we have 2 licences in the portimao area try anglo info


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## Clairek

*Alojamento Local*

Hi Robert

I'm Claire from the Rent Legal website. The recent law requiring rental property owners to obtain the Alojamento Local license actually replaced an existing law which also required holiday rental properties to be licensed. The problem with the previous law was that it covered every type of dwelling from hotel to private apartment and was in effect almost impossible for the private owner to obtain the license. The recent law has simplified the process for private owners and separated the classification between private property and hotels which are classified as touristic enterprises.

In essence you do need a license.

Hope this helps

Claire 




rober1t said:


> Is there anyone out there who can advise me with regard to the law regarding the letting license in Portugal; reference Law nº 39/2008, of 7th March 2008.
> 
> I have had conflicting information about the law and whether it applies to our apartment, which we let to friends or via a UK web site.
> 
> Specifically, these are short term rentals, giving self catering accommodation.
> 
> One web site I have seen "TRAVELLINGTOLISBON says the following.....
> 
> "The letting of the properties on this web site are intended solely for short term residential purposes of a special transitory nature – specifically self catering accommodation – in accordance with article 1095º, nº 3 of the Portuguese Civil Code. In no way does it constitute an offering of tourist lodging within a tourist complex as contemplated in Decree Law nº 39/2008, of 7th March."
> 
> This suggests that a license is not required in our situation.
> 
> However, another website "rentlegal" states....
> 
> "Decree Law number 39/2008 of the 7th of March, stipulated the new legal regime for the installation, exploration and operation of tourism developments and revoked the existing laws ruling this matter. Article 3.1 determines that villas, apartments and hosting establishments, that have a habitation license, which render services of temporary lodging to paying guests, but which do not comply with criteria to be considered tourism developments, will be considered as Local Lodging Establishments. Any property in the category “Local Lodging Establishment” which is to be let commercially must now have the rental license - Alojamento Local”
> 
> Can anyone clarify this.
> 
> I wonder if the key words are that a license is required where the letting is one...which render services of temporary lodging to paying guests... and not where we are offering a short term residential letting, where the purpose is of a special transitory nature – specifically self catering accommodation to our guests.


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## rober1t

*Licence for Apartment*

Hi Claire

Thanks for that. Having read a bit more about this, it has been suggested that if an owner has an apartment that is "managed" but somebody in Portugal, who also gets rentals for them, then that apartment needs a license. By managed I mean arranges cleaning, meet and greets etc.

However, it has been suggested that if the only "lets" are those arronged directly by the owner, via direct contacts or advertisments placed in the UK, then the license is not required.

Do you know if that is the case?

Regards Trevor



Clairek said:


> Hi Robert
> 
> I'm Claire from the Rent Legal website. The recent law requiring rental property owners to obtain the Alojamento Local license actually replaced an existing law which also required holiday rental properties to be licensed. The problem with the previous law was that it covered every type of dwelling from hotel to private apartment and was in effect almost impossible for the private owner to obtain the license. The recent law has simplified the process for private owners and separated the classification between private property and hotels which are classified as touristic enterprises.
> 
> In essence you do need a license.
> 
> Hope this helps
> 
> Claire


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## Clairek

*Portuguese rental license*

Hi Trevor

Any property rented for a "temporary period" must be licensed. The purpose is to maintain standards of safety, hygiene and quality (and swell local council coffers....)

Claire




rober1t said:


> Hi Claire
> 
> Thanks for that. Having read a bit more about this, it has been suggested that if an owner has an apartment that is "managed" but somebody in Portugal, who also gets rentals for them, then that apartment needs a license. By managed I mean arranges cleaning, meet and greets etc.
> 
> However, it has been suggested that if the only "lets" are those arronged directly by the owner, via direct contacts or advertisments placed in the UK, then the license is not required.
> 
> Do you know if that is the case?
> 
> Regards Trevor


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## Philip Freedman

*licence*

We did ours through a company called ORLA Service it took three months but we got there in the end. Its messy but now we have it!


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## rober1t

*License*

Thanks Philip

Once done, is that it, or is it an annual process and charge?

Trevor


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## Philip Freedman

*AL Licence*

Once you have done it thats it!


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## Clairek

Trevor / Philip

To be more accurate - the rental license expires on change of ownership or if structural changes are made to the property.

Gas certification must still be obtained annually.

Claire


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## rober1t

*Gas check*

Thanks Clair

Who need to give the Gas certificate.

Is it the original developer, the gas supplier, or are there experts in this field of certification?

Regards trevor


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## Clairek

Hi Trevor

The gas inspection must be conducted by a licensed engineer. 

Claire
Portuguese rental letting license law, Alojamento Local


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## samoens

*av licence*



cathyt said:


> we have 2 licences in the portimao area try anglo info


Who did you use to get your licence, how much did cost approx and how long did it take? We have a 1 bedroom appartment within an small holiday complex. 
Loraine


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## samoens

*al licenCe*



Philip Freedman said:


> We did ours through a company called ORLA Service it took three months but we got there in the end. Its messy but now we have it!


Did you get this licence before you rented or sorted it out after you had started to let? May I ask why was it messy with ORLA? I have looked at their web site and thought the cost could add up pretty quickly. 
Loraine


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## rober1t

I have been to the Town Hall in Albufeira and the license process is free.

Yes Free.

But people are charging up to 1,000 Euros for this service.

The requirements for the license are that you produce a number of plans etc and have a gas/electricity check.

I am going to try to do this myself.

If I achieve it, I will post the process on the web and stop these people from ripping off the people who have bought properties to use and rent in Portugal.


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## Clairek

Hi Trevor

The information you have been given is not correct.

There is a fee payable to the Town Hall when you lodge your application and there is a further charge also levied by the Town Hall if they choose to conduct a physical inspection. The latter is a three figure sum with Loule council, not all councils are charging the same.

There are costs attached to obtaining all the necessary property documents.

And finally, gas and electric inspections (which can only be conducted by registered engineers) are not free!

I think you have been misled about the costs involved with this procedure and whilst I would agree that there are some companies and individuals who are charging an unreasonable amount for their services, I have many satisfied clients (who have also given testimonials) who were happy to pay my reasonable charges (less than €1000 inc IVA).

It will always be cheaper to do it yourself but it will never be free.

Claire
Portuguese rental letting license law, Alojamento Local






rober1t said:


> I have been to the Town Hall in Albufeira and the license process is free.
> 
> Yes Free.
> 
> But people are charging up to 1,000 Euros for this service.
> 
> The requirements for the license are that you produce a number of plans etc and have a gas/electricity check.
> 
> I am going to try to do this myself.
> 
> If I achieve it, I will post the process on the web and stop these people from ripping off the people who have bought properties to use and rent in Portugal.


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## rober1t

*Charges for License*

Hi Clare

It is interesting that different councils are dealing with this in different ways.

I did ask about the charges for submitting the application in both English and Portuguese and I was assured it was free.

That is why I thought I would try to go through the process.

I appreciate that I will need to pay for the gas/electric check.

I don't actually need it myself, as I don't let my property, but I have friends who do.

The person in Albufeira town hall also said they were unlikely to do a physical check, as they were too busy.

Regards Trevor


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## samoens

*license*



rober1t said:


> I have been to the Town Hall in Albufeira and the license process is free.
> 
> Yes Free.
> 
> But people are charging up to 1,000 Euros for this service.
> 
> The requirements for the license are that you produce a number of plans etc and have a gas/electricity check.
> 
> I am going to try to do this myself.
> 
> If I achieve it, I will post the process on the web and stop these people from ripping off the people who have bought properties to use and rent in Portugal.


That does sound interesting. I am trying to get together all the info re paperwork and equi i require that seems to be the stumbling block. If anyone has a list I would like to see it please. 
I will try and contact the town hall for Alvor and see if someone speaks a little English. Let me know how you get on with the process.


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## rober1t

*Paperwork*

If you go into the Town Hall you should be able to get a leaflet.

I got one in Albufeira, but I have left it in Portugal.

However, I did a rough translation, as follows:

It said you needed to get the following documents

1. Certidao predial do imovel - Land certificate of the property



2. Termo de responsabilidade subscrito por tecnico habilitado atestando que as instalacoes electricas de gas e termoacumuladores cumprem as normas legais

Certification from a qualified technician certifying that the electric and gas installations fulfill the rules of law



3. Planta do imovel a indicar as unidades de alojamento - Plan of the property to indicate the units of lodging



4. Fotocopia da caderneta predial urbana - Photocopy of the urban land passbook


So I think the main thing is to get the inspections done professionally. It should be too hard to get the other documents.

There were also items about fire warnings on the leaflet, but interestingly the official in Albufeira crossed them out.

.................................................................................................

That does sound interesting. I am trying to get together all the info re paperwork and equi i require that seems to be the stumbling block. If anyone has a list I would like to see it please. 
I will try and contact the town hall for Alvor and see if someone speaks a little English. Let me know how you get on with the process.[/QUOTE]


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## Clairek

I expect the query over the fire regulations is because the rules change for lodging establishments with fifty or more beds. In these cases the application must be supported by a fire project prepared by a professional. The current law does not stipulate exactly what fire safety equipment is required in a property of under fifty beds - only to say that there must be sufficient.

It is also necessary for properties with fifty or more beds to provide access to a telephone (mobile or fixed).

Claire
Portuguese rental letting license law, Alojamento Local





rober1t said:


> If you go into the Town Hall you should be able to get a leaflet.
> 
> I got one in Albufeira, but I have left it in Portugal.
> 
> However, I did a rough translation, as follows:
> 
> It said you needed to get the following documents
> 
> 1. Certidao predial do imovel - Land certificate of the property
> 
> 
> 
> 2. Termo de responsabilidade subscrito por tecnico habilitado atestando que as instalacoes electricas de gas e termoacumuladores cumprem as normas legais
> 
> Certification from a qualified technician certifying that the electric and gas installations fulfill the rules of law
> 
> 
> 
> 3. Planta do imovel a indicar as unidades de alojamento - Plan of the property to indicate the units of lodging
> 
> 
> 
> 4. Fotocopia da caderneta predial urbana - Photocopy of the urban land passbook
> 
> 
> So I think the main thing is to get the inspections done professionally. It should be too hard to get the other documents.
> 
> There were also items about fire warnings on the leaflet, but interestingly the official in Albufeira crossed them out.
> 
> .................................................................................................
> 
> That does sound interesting. I am trying to get together all the info re paperwork and equi i require that seems to be the stumbling block. If anyone has a list I would like to see it please.
> I will try and contact the town hall for Alvor and see if someone speaks a little English. Let me know how you get on with the process.


[/QUOTE]


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## AvonLady

Is there anyone in the Central Portugal area who could assist with getting a licence?

AvonLady


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## Clairek

Hi AvonLady

Whereabouts is your property?

Claire

Portuguese rental letting license law, Alojamento Local




AvonLady said:


> Is there anyone in the Central Portugal area who could assist with getting a licence?
> 
> AvonLady


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## Clairek

To all rental owners

It is now a requirement to submit a "ficha de segurança contra incêndio" when applying for your rental license Alojamento Local.

Claire
Portuguese rental letting license law, Alojamento Local


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## oronero

Could anybody tell me if this information is reasonably accurate still and a 'ball-point figure' on costs involved in getting a licence for a rental property.

I am aware that costs do vary between regions but I am after a rough estimate for the time being.


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## canoeman

rental as in letting property holiday rental or tenants different laws different procedures


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## oronero

canoeman said:


> rental as in letting property holiday rental or tenants different laws different procedures


Holiday letting property is what I was thinking about. Any feedback or links would be greatly appreciated.


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## canoeman

I've pm'd you


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## oronero

*Canoeman*, I received the information from your friend a few days back thank you.

I only managed to reply and thank him earlier today, as I had been rather busy with work over the last few days.


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## canoeman

No problem works money


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