Renting legislation

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teba18
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Renting legislation

Post by teba18 »

Just wondering if anyone knows any more about what's happening with the renting legislation fiasco? I understood the 'powers that be' were meant to be re-hashing the previous mess but have heard nothing since.
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Mamacats
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Post by Mamacats »

Sorry I can not help but would be interested to know the same...........considering I would like to eventually rent out our apartment.
Sincerely, Mamacats
Thimble collector and Ragdoll breeder
Jayjan
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Post by Jayjan »

Hi mamacats have a look at the topic named, New legislation expected soon it will give you a rough idea of what is going on regarding renting properties out & the so called licence that you need. Its been going on for ages but no-one seems to know much about it, including the local Camara's (Council). What a fiasco.
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Mamacats
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Post by Mamacats »

Thank you for the information, I will be sure to read it.
Sincerely, Mamacats
Thimble collector and Ragdoll breeder
KateK
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Location: Vilamoura, Algarve

Post by KateK »

While looking for something else I just came across this - http://www.portugalresident.com/portuga ... TY&sid=121

Has anyone been through the process yet?

Kate
Jayjan
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Post by Jayjan »

http://legalnews.blogspot.com/2008_08_01_archive.html
You may find some info on the above website & also info below, whether it is truthful is another thing as there as been so many differing versions. Apparentley another new thing you also require is an energy efficiency certificate (Thermal Properties) from January 2009 if you are renting your property or in the process of selling it. If you want to read more about this go to www.getrealweekly.com click on past editions October 08, edition 7/10/08 and its on page 27 under "How will your home fare"? What will they think of next.



SUMMER LETTINGS LEGISLATED

After several attempts, discrepancies, much publicity and political confusion, the By-Law 517/2008 that will regulate Decree Law 39/2008 regarding local temporary accommodation establishments – the so called “summer lettings” was finally published on 25th June and comes into immediate effect.

After the confusing legislation, that made it more or less impossible to temporarily let the dwelling house of the common citizen in a legal manner, the new law has arrived at last.

This By-Law defines three types of local accommodation already listed and defined by Article 3 of the Decree Law (which rules the legal regime for the installation, exploration and functioning of tourist developments) as follows:

a) Villa (detached villa for habitation purpose)

b) Apartment (autonomous fraction in a building)

c) Accommodation Establishment (establishment for accommodation which is composed of several rooms – a guest house for example)

In order to open doors to the public and start working and providing temporary accommodation, one has to follow these steps and requirements:
Produce a valid habitation permit issued by the Municipality;
Make a written request to the President of the Municipality according to the format published in the By-Law;
Provide proof of the lawful owner of the property;
Provide a declaration of responsibility from a technician regarding the electricity and gas installation;
Provide the plans of the property as filed with the Municipality;
Provide the “matrix” number (caderneta) as registered with the tax department
Without any necessity to obtain declarations from other authorities and without the requirements demanded previously which were the same as applied to Hotels, the stamp showing receipt of the application as applied by the applicable department in the Municipality is sufficient title to open the doors to the public and start working.

It will be rest with the Municipality whether to actually, physically verify or not the existence of the requirements within 60 days after the submission of the request. If in fact the verification is executed, and the requirements established in the By-Law are not fully satisfied, the title must be returned to the council and the registration will then be cancelled. If on the contrary the requirements are satisfied, then the doors remain open to the public and accommodation is allowed.

If, on the one hand, the Municipality may exercise its right to verify the existence of the general requirements and find them to be lacking, on the other hand, it is the responsibility of the Autoridade de Segurança Alimentar e Económica (ASAE) to investigate and initiate the process in case of offence and breach of the law.

The By-Law divides establishments into two categories depending on their accommodation capacity:

i) Less than 50 persons
ii) 50 persons or above

The difference between both situations is only regarding the obligation in the second option to have a security project against fire hazards.

The property for letting may be externally identified with a plate which will be supplied by the council with the Letters “AL” according to the provisions of the By-Law, and it will be compulsory, as with other establishments open to the general public, to have a complaints book under the terms of Decree Law 156/2005 as amended by Decree Law 371/2007.
stork
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Post by stork »

Here is a long-delayed answer, but I thought it could still be of interest:

We submitted our paperwork this Summer, and to our surprise the people from the Camara actually came around. They asked some questions and for further documentation, but we have not really heard from them since - and as long as they do not state the opposite, we are legal.

I actually find the thing quite reasonable: The requirements are what should be there anyway (certificates + fire extiguishers + complaints book) and I really like the part where you can rent out from the day you submit unless/until they send you a rejection.

Now, we are in Olhão which has very few hotels to press the Camara - apparently things are more complicated around some of the resorts.

There is a lot of discussion of the subject on the carvoeiro.com forum
KateK
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Location: Vilamoura, Algarve

Post by KateK »

Our lawyer and our management company went through the process of registering our apartment in Vilamoura for us early last year. We had no visits and never heard anything more so have to assume we're all legal and everything is OK. We have the relevant certificate displayed in the apartment and the complaints book is there is anyone wants it - they only need to ask!

Because someone else did it for us it cost us for their time etc. but apart from that it was all pretty painless.
If it's true that if you look like your passport photo you are too sick to travel I should have given up long ago!
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