"Lisbon and Porto reject automatic closure of local accommodation. Town halls go against law on units without proven activity" (with Neuza Pereira de Campos)

"The legal regime underlying the Mais Habitação (More Housing) package has unclear and creates some uncertainty about the procedures approved. There is no doubt, it seems to us, that the expiry of local for local accommodation whose activity has not been proven is not automatic, which means that until there is an administrative act of cancellation of the local accommodation registration, it remains valid and in force," explains Neuza Pereira de Campos, head of the real estate department at SRS Legal.
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At the same time, it is unclear whether, in cases where the proof of activity required by law has not been presented, the proof of activity required by law, the councils may decide not to cancel the registration of local accommodation, and on what grounds they might take that decision. "The law is not explicit in determining the means of proving the maintenance of operating activity," explains Neuza Pereira de Campos, who foresees "controversial decisions and susceptible to discussion" and admits she doubts that "the criteria applied by the various municipalities are uniform"."