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Owner’s responsibilities in Portugal

When you publish a listing on VRBO, you must respect the relevant legislation in force. For the avoidance of doubt, please note that our site does not provide any legal advice on this topic and that the information below constitutes only general guidance on the main requirements that are applicable in Portugal, accompanied by links that provide information on the applicable principles and the obligations you may be required to respect.
According to the legal regime for the operation of local accommodation establishments in Portugal (Decree-Law no. 128/2014) it is compulsory to register a local accommodation unit through a prior notification using the ePortugal portal.
The registration and operation of the local accommodation has rules that vary depending on its location.
Obligation regarding the registration of the local accommodation.
Local accommodation establishments are those that provide temporary accommodation services for a fee and that meet the legal requirements.
Local accommodation establishments can fall into one of the following categories:
  • Villa - a local accommodation establishment whose accommodation unit consists of an autonomous, single-family building.
  • Apartment - local accommodation establishment whose accommodation unit consists of an autonomous fraction of a building or part of an urban building that can be used independently.
  • Lodging establishments - local accommodation establishments whose accommodation units consist of rooms integrated in an autonomous fraction of a building. This type includes the “Hostel”, which consists in a establishment in which the predominant accommodation unit is a dormitory.
  • Rooms – the operation of local accommodation carried out at the owner’s residence (corresponding to their tax domicile) when the accommodation unit is a room and there are no more than three of them.
Registration is free but can be refused for various reasons.
  • Incorrect filling in of the prior notification.
  • Violation of defined restrictions, in the case of a containment area previously identified by the council, or a temporary ban on registration.
  • Decision by the building owners’ meeting opposing to the operation of local accommodation in the building.
  • Lack of authorization to use the building properly.
The registration of local accommodation establishments in properties located in containment zones depends on express authorization from the council, which is exceptional in nature. Each owner cannot have more than seven establishments in each containment area.
It is forbidden to operate as local accommodation establishments that have the necessary requirements to be considered tourist establishments such as hotels and resorts.
Duration and renovation
If the council does not present its opposition to the prior notification, a registration number for the local accommodation is issued, which acts as the title of the opening to the public, being possible for the establishment to operate since then. Any update to the data provided in the prior notification should be communicated to the council via the ePortugal portal within 10 days of its occurrence.
Registration of local accommodation lasts for five years, renewable for equal periods, with the first renewal counted from the date of issue of the public opening title.
Renewals of the registration require the express authorization of the municipality with territorial jurisdiction, which may object based on the operating requirements of the establishments or, where applicable, the provisions of the respective Municipal Housing Charter.
Suspension
The granting of new registrations of local accommodation establishments in the form of apartments and lodging establishments integrated in an autonomous fraction of a building is suspended, except within the inland territory and the autonomous regions. Check the list of municipalities here.
This suspension does not apply to buildings part of the Fundo Revive Natureza.
We advise all users to consult the page on the ePortugal portal regarding local accommodation here, where one can find information on national laws and local regulations.
Liability and insurance
The owner of the local accommodation is responsible for the damages caused by its guests on the building in which the establishment operates.
The owner of the local accommodation should also subscribe and maintain liability insurance covering monetary and non-monetary damages made to guests and third parties, with the minimum capital of € 75,000 per claim. Failure to do so entails the cancellation of the registration.
The information provided is merely indicative. VRBO is not liable for its content. It does not preclude the need for consulting a legally qualified professional. The VRBO Terms & Conditions for Owners and Property Managers establish that advertisers are responsible for complying with all laws and regulations applicable to their local accommodation activities.