The new rules on Local Accommodation in Lisbon came into force today with the publication in Diário da República - Notice 17706-D / 2019. The Regulation limits new registrations of Local Accommodation in certain areas, where there is ratio of Local Accommodation establishments to the number of dwellings of 20% or more.
The Regulation was approved at a council meeting of 5th October 2019, in Lisbon´s Municipal Assembly. It sets out the following:
- implementation of areas of absolute restriction;
- implementation of areas of relative restriction;
- exceptions to these restrictions;
- supervision;
- applicable sanctions
Areas of Absolute Restriction:
These correspond to the areas where there is a ratio of local accommodation establishments to the number of dwellings of 20% or more. Absolute restriction areas are Baixa and parts of Avenida da Liberdade, Avenida da República, Avenida Almirante Reis, Bairro Alto / Madragoa, Castle, Alfama, Mouraria and Colina de Santana.
Exceptions to the absolute restriction:
Authorizations may be granted for new registrations pursuant to Article 7 when referring to “refurbishment of dilapidated buildings or full refurbishment of completely vacant buildings for more than three years and when considered of particular interest to the city, as they give rise to multi-purpose buildings, where local accommodation is part of a social or cultural project of local development or integrates affordable housing for rent under the Municipal Law Regulation on housing.”
Areas of Relative Restriction:
This corresponds to the areas of Graça and Bairro das Colónias.
Exceptions to the relative restriction:
Permission may be granted to register new establishments, under the terms of article 7.º of the Regulation, in the following situations:
a) when they refer to the whole building in ruins or which has been declared totally vacant for more than three years;
b) when referring to the autonomous Unit or part of an urban building that is declared vacant more than three years, when the building is in a bad or very bad condition and has been the object of rehabilitation works, carried out in the last two years , raising the conservation level by two levels;
c) when referring to the whole building, autonomous unit or part of urban building that, in the last two years, has changed its use to habitation.
Supervision:
It is up to the municipal services to carry out inspections in accordance with Article 13 (1) of the Regulation.
Paragraph 2 of the same article provides that “for the purpose of exercising the powers of inspection and supervision allocated to the Lisbon City Council, the collaboration of administrative and police authorities may be requested, as well as protocols with entities of an associative nature. and of public interest or contracts with private entities to carry out concrete actions, namely to survey existing establishments and their operating conditions.”
Sanctions:
According to article 14 (1) of the Regulation, “when situations that constitute breach are detected, the respective procedure shall be instructed”.
Paragraph 2 of the same Regulation provides for the possibility for the Lisbon City Council to “determine the temporary, total or partial prohibition of the operation of local accommodation establishments whose non-compliance with applicable rules jeopardizes users' safety or public health. "