New rules in Portugal on short-term local housing rentals

Subject: New rules in Portugal on short-term local housing rentals

The ‘Mais Habitação’ (more housing) legislative package, which includes measures that prohibit short-term local housing rentals, was published on 6 October in the Portuguese official gazette and entered into force the following day. In view of the answer given by Commissioner Breton on 28 April 2023 to the Portuguese delegation’s question concerning the ban on short-term local housing rentals in Portugal (P-000835/2023), we would like to ask the European Commission:

1. Has the Commission been notified of the entry into force of these rules, which put an end to the legal concept of short-term local housing rentals, as required by the Services Directive and the Single Market Transparency Directive?

2. If so, what is the Commission’s assessment of these rules, or when does it intend to present its assessment on whether these obligations are appropriate, proportionate and necessary?

Submitted: 30.10.2023

Answer given by Mr Breton on behalf of the European Commission

(23 January 2024)

The new Regulation on data collection on short-term rentals (STR) (1), on which the European Parliament and Council reached a political agreement on 16 November 2023, will help local and national authorities manage short-term rentals in their territory in an effective and proportionate way.

Portugal notified on 10 October 2023 two requirements contained in Articles 18 and 19 of its ‘Mais Habitação’ (‘More housing’) legislative package. Restrictions to the provision of services in the EU need to be justified, proportionate and non- discriminatory.

The Commission has received information from the Portuguese authorities regarding the purported justification of the law, notably with regard to the impact of STRs on affordable rental housing in Portuguese regions.

The Commission remains in contact with the Portuguese authorities. As always, if a Member State is found in breach of EU law, the European Commission retains the right to initiate an infringement procedure.

1 ∙ ⸱ Proposal for a regulation of the European Parliament and of the Council on data collection and sharing relating to short-term accommodation rental services

and amending Regulation (EU) 2018/1724, COM(2022) 571 final.