Licensing

Tourism Developments

Legal regime for the establishment, management and operating of tourist developments (RJET-A)

Tourist Accommodation
The tourist accommodation service consists of offering the general public the rental, for periods of less than 30 days, of a property or part of it which is suitably furnished and equipped for overnight stays, and is divided into Tourist Developments and Local Accommodation.

Tourism Developments
Tourist developments are establishments designed to provide tourist accommodation services for a fee, with an appropriate set of structures, equipment and complementary services for their operation.

Types of Tourist Developments

The following information does not exclude consulting current tourism legislation.

Hotel establishments are tourist developments designed to provide tourist accommodation and other complementary or support services, with or without the offer of meals and aimed at daily letting.

Hotel establishments are classified as Hotels or Hostels.

Minimum requirements for Hotel establishments:

    • Minimum number of 10 accommodation units, such as rooms, suites or apartments;
    • Set of spaces for common use and to assist the hotel, including a reception, a dining room to provide breakfast service, parking area, toilets for common use, storage area and staff area;
    • They are classified into categories (no. of stars). They are classified into categories (no. of stars), and the mandatory requirements and optional requirements listed in Annex I of Ordinance nº. 55/2012 of 16th May must be met in order to obtain the desired category (1 to 5 stars);
    • They must have at least one accommodation unit duly adapted for users with reduced mobility, and all the leisure facilities and areas of the development must also allow their use by these same users.

Tourist villages are tourist developments made up of a set of functionally interdependent facilities with a coherent architectural expression, located in areas with territorial integrity, even if crossed by municipal roads or paths, water lines and stretches of land used for the protection and conservation of natural resources, designed to provide tourist accommodation and complementary services to support tourists.

Minimum requirements for Tourist Villages:

    • Minimum number of 7 accommodation units, of the apartment or villa type;
    • Internal circulation paths, outdoor green spaces and areas for common use and a concierge;
    • Restaurant;
    • Swimming pool with its own annex for children and respective changing rooms;
    • A set of spaces for common use and to assist the development, including a reception, staff area and storage area;
    • Private car parking, with a minimum capacity of one space per accommodation;
    • The developments to be included in this tourist class are classified into categories (number of stars), and the mandatory requirements and optional, puncturable requirements set out in Annex II of Ordinance nº 55/2012 of 16th May must be met in order to obtain the desired category (3 to 5 stars);
    • The total area assigned to the development must correspond to a minimum of 100 square metres per person (3-star), 120 square metres per person (4-star) or 140 square metres per person (5-star);
    • It must have at least one accommodation unit duly adapted for users with reduced mobility, and all the facilities and leisure areas of the development must also allow these same users to use them.

Tourist Apartments are tourist developments made up of a coherent set of furnished and equipped accommodation units intended to provide tourist accommodation and other complementary and supporting services to tourists.

Minimum requirements for Tourist Apartments:

    • Minimum number of 6 accommodation units, of the apartment type;
    • A set of spaces for common use and to assist the development, including a reception, staff area and storage area;
    • Private car parking, with a capacity of one space per accommodation;
    • The developments to be included in this tourist class are classified into categories (number of stars), and the mandatory requirements and optional requirements, which can be scored, set out in Annex III of Ordinance nº 55/2012 of 16th May, must be met in order to obtain the desired category (3 to 5 stars);
    • They must have at least one accommodation unit duly adapted for users with reduced mobility, and all the facilities and leisure areas of the development must also allow these same users to use them.

The Regional Director for Tourism may authorise a lower number of accommodation units as stipulated by the legislation in vigour, provided that the following additional conditions are met:

    • Use of existing buildings, located in an urban centre and whose architectural value is recognised by the Regional Directorate for Culture;
    • The development must reach a minimum category of 4 stars.

Tourist complexes are tourist developments made up of centres of functionally interdependent facilities, located in areas with territorial integrity, even if crossed by municipal roads or paths, water lines and stretches of land used for the protection and conservation of natural resources, intended to provide tourist accommodation and additional support services for tourists, subject to a common administration of shared services and equipment for common use, incorporating at least two tourist developments, one of which must be a 5 or 4 star Hotel Development, autonomous entertainment equipment and a catering establishment.

Manor Houses enterprises are family-run properties installed in private old buildings which, due to their architectural, historical or artistic value, are representative of a certain era, namely palaces and estates, and may be located in rural or urban areas.

Minimum requirements for Manor Houses:

    • It is mandatory for the owners, operators or their representatives to reside in the property during the respective period of activity, sharing the common areas with the guests;
    • Accommodation units must be of the room or suite type and must be equipped with private sanitary facilities, with a maximum of 15 accommodation units allowed for guests;
    • A set of spaces for common use and to assist the development, including a reception, a lounge for guests' use, which should be located in the main building, and storage;
    • Breakfast service.

Rural Tourism developments are establishments designed to provide accommodation services to tourists in rural areas, with an appropriate set of facilities, structures, equipment and complementary services for their operation, aiming to offer a complete and diversified tourism product in rural areas.

Rural Tourism developments are classified as Country Houses, Agritourism, Rural Hotels or Rural Accommodation.

General requirements for implementing a Rural Tourism type development:

    • The requirements for being classified as a Rural Tourism, in any of the groups, are location in a rural area, with a traditional and significant connection to agriculture or an environment and landscape with a distinctly rural character, as well as the existence of traditional buildings that can be restored, rebuilt, rehabilitated or expanded;
    • All interventions within the sphere of the Rural Tourism must preserve, restore and enhance the architectural, historical, natural and landscape heritage.

Country Houses

Country Houses are properties that are part of the typical local architecture due to their design, building materials and other characteristics.

    • Specific requirements for Country Houses:
    • Accommodation units must be rooms or suites, with a maximum of 15 units allowed;
    • Reception and guest services can be provided at a reception office, which can be located outside the resort, as long as it is on the same island;
    • They must include a storage room separate from the guest areas and a parking space;
    • Breakfast service is mandatory, and may consist of simply providing guests with the necessary food items.
    • Village Tourism is the name given to a group of five or more country houses located in a rural area, in close proximity, which are operated in an integrated manner by a single organisation.

Agritourism

Agritourism developments are properties located on agricultural farms that allow guests to accompany and learn about agricultural activities or participate in the work carried out there, in accordance with the rules established by the person in charge.

Specific requirements for Agritourism:

    • Accommodation units must be rooms or suites, with a maximum of 15 units allowed;
    • There must be a reception and guest service area, properly identified, as well as a storage room separate from the guest areas and a car parking space;
    • Breakfast service is mandatory.

Rural Hotels

Rural Hotels are hotel developments located in rural areas or settlements which, due to their architectural design and construction materials, respect the dominant characteristics of the area where they are located.

Specific requirements for Rural Hotels:

    • Accommodation units must be of the room, suite or apartment type, with a maximum of 30 units allowed;
    • Rural Hotels are classified in the 3 to 5-star categories in accordance with the regulatory standards applicable to Hotel Establishments, set out in Annex I of Ordinance nº 55/2012 of 16th May;
    • These developments must have facilities, equipment and at least one accommodation unit duly adapted for users with reduced mobility, as defined in Article 19 of Ordinance nº 55/2012 of 16th May;
    • The construction of complementary buildings is allowed, but the construction of accommodation units in them is forbidden, as provided for in Article 17 of the RJET-A and Article 19 of Ordinance nº 54/2012 of 16th May.

Rural Accommodation

Rural Accommodation is an exceptional type of accommodation in the context of the Rural Tourism, not only because it allows the complementary construction of new buildings from scratch to create accommodation units, but also because of the superior quality of the facilities, and it is up to the Regional Directorate for Tourism to suggest, to the member of the Regional Government responsible for tourism, the granting of this classification, provided that the development does not fit into any of the types of tourist developments provided for in Article 5 of the RJET-A.

Specific requirements for Rural Accommodation:

The requirements for rural accommodation are those defined in Article 20 of Ordinance No. 55/2012, of May 16, of which the following stand out:

    • Good integration into the rural landscape;
    • The use of built heritage, representing traditional architectural models of the region;
    • Surrounding private green space, with an area of no less than 50 m2 per accommodation unit;
    • Demonstration that the new buildings are of a scale consistent with the pre-existing ones;
    • The superior quality of the facilities;
    • A maximum capacity of 25 accommodation units;
    • The use of buildings with a maximum of three floors;
    • Private sanitary facilities in all accommodation units;
    • Additional verification of at least three of the requirements listed in Article 20 of Decree 54/2012 of 16th May.

Camping and Caravan Sites are developments situated on duly delimited land and equipped with structures designed to allow the placement of tents, trailers, caravans or motorhomes and other material and equipment necessary for the practice of camping and caravanning, as well as accommodation facilities, and may be public or private, depending on whether they are intended for the general public or only for members or beneficiaries of the respective owning or operating entities.

Camping and/or caravan sites may be exclusively intended for the placement of one of the abovementioned types of equipment, adopting the corresponding designation.

Developments of this type are classified as Camping Sites, Caravan Sites, Camping and Caravan Sites or Rural Camping Sites.

Minimum requirements for Camping and/or Caravan sites:

    • They must be located on wooded land and have good shade, and new trees must be planted when there are none or not enough.
    • They may have complementary facilities for accommodation, provided they do not exceed 25 per cent of the total area of the park for campers;
    • The capacity of camping and caravanning sites is determined by the minimum usable area for each camper or caravanner (minimum 13 m2), with the exception of ‘Accommodation Facilities’, whose maximum capacity is determined by the respective number of beds;
    • They must have an electricity grid, water supply and internal sewage system, or, if this does not exist, they must be equipped with a sanitary water collection and treatment system;
    • They should include waste collection points, internal circulation routes, entrance and exit gates (accessible to rescue or emergency vehicles) and toilets for common use;
    • They should have a reception desk next to the main entrance;
    • Coffee/Bar;
    • Convenience store/minimarket/supermarket for sites with a capacity of more than 90 campers;
    • Social room;
    • Children's playground;
    • Area for outdoor sports, which may be replaced by outdoor sports or leisure activities for sites with a capacity of less than 90 campers;
    • If the promoter or operator so requests, camping and caravanning sites may be classified in categories from 3 to 5 stars, whereby, depending on the category desired, compliance with all the specific requirements listed in the annex to Decree 1320/2008 of 17th November must be considered.

Minimum requirements for Rural Camping Sites:

    • These establishments consist of a maximum of 30 permanent dwelling, tents, RVs, or other habitable vehicles;
    • Each permanent dwelling must have at least one bedroom with a bathroom; it may have up to three bedrooms, but may not have more than two stories or occupy a surface area greater than 75 square meters;
    • Maximum of 90 campers;
    • Maximum land area may not exceed 5000 m2;
    • Each accommodation facilitie must have a free area of approximately 150 m2 and 50 square metres per camper;
    • Toilet facilities for public use. Common use space for processing clothes and crockery;
    • A reception area next to the main entrance.
Tourism Planning Plan for the Autonomous Region of the Azores (TPPARA/POTRAA)

The TPPARA/POTRAA defines the sustainable development strategy for the tourism sector and the territorial model to be adopted. Its primary aim is to bring together the efforts and initiatives of the regional and local public administrations and the whole of Azorean society around a set of commonly shared objectives.

It is also an instrument that guides the several economic agents and disciplines administrative action, defining for each island the strategic tourism products and the evolution of the tourism offer.

In the case of interventions relating to urban development operations that imply an increase in the number of tourist beds on the island of São Miguel, the cautionary measures established in Regional Legislative Decree no. 17/2019/A, of 24Tth July, which is the first amendment to Regional Legislative Decree no. 13/2010/A, of 7th April, apply.

These cautionary measures apply to all new tourist developments, as well as extensions to existing tourist developments in operation that do not fall within the quantitative limits set out in the abovementioned statute, with the exception of those in the Rural Tourism and Manor Houses typologies.

Development with a capacity of up to 75 beds
According to nº 8*, from Article 5 of the diploma in question, urban development operations that promote an increase in supply of up to 75 beds are subject to authorisation, to be granted by joint order of the members of the regional government responsible for tourism and spatial planning, which depends on the applicant's prior proof that the project falls under at least two of the distinguishing points listed in nº 3, from Article 5 of the mentioned diploma.

Development with a capacity of more than 75 beds
If the tourist development represents an increase in the supply of accommodation of more than 75 beds, the project must comply with the provisions of paragraphs 2 and 3 of the abovementioned article 5, and the viability of the project in question depends on authorisation by the Regional Government Council, subject to prior proof by the promoter that the project falls under at least one of the sub-paragraphs of paragraph 3 of the same article 5.

*Please note that the body of paragraph 8 contains the following editorial error: Where it reads ‘...the provisions of the previous paragraph shall apply with the following derogations: ...’ it should read ‘...the provisions of paragraphs 2 to 5 above shall apply with the following derogations: ...’

Framework in point a) - '’Projects with a clear focus on leisure tourism, incorporating specific areas for this purpose."
In order to be included in this section, the Regional Directorate for Tourism has established that the project must simultaneously fulfil the following 4 criteria:

    1. Location with an attractive landscape, preferably with panoramic views and/or a development with green spaces for common use (at least 20 m2/accommodation unit in the case of Hotel Establishments and 50 m2/accommodation unit in the case of Villas, Tourist Apartments and Camping Sites with fixed facilities);
    2. At least, 50 per cent of the accommodation units have balconies or terraces, with a minimum area of 4 m2;
    3. Outdoor swimming pool of an appropriate size for the development's capacity;
    4. Equipped outdoor living areas for common use.

Framework in point b) – “Projects that enhance contact with nature.”
Projects that enhance contact with nature are those that are situated in a territory with a qualified natural and landscape setting, and the property to be involved must have a significant outdoor area with landscape quality or potential, with wooded, landscaped, leisure and contemplation areas or Agri-forestry areas.

To this end, this Regional Directorate assesses the location and the respective surroundings in which the development is situated, as well as the respective architectural project, in terms of exterior planning, the relationship that the building(s) establishes with the surrounding landscape, the use of materials and the use of activities that value and enhance contact with nature, among other aspects that are decisive for creating an intrinsic landscape setting for the development.

Framework in point c) – “Projects with a strong tourist entertainment component.”

Developments with a capacity of 150 beds or less:

At least 3 tourist entertainment facilities and/or activities must be provided, from among those defined in the Annex of Ordinance no. 102/2010, of 28th October, and the gross construction area of the spaces allocated to the referred facilities and/or activities must comply with one of the following parameters:

      • Total area ≥ number of equipment x 4 m2 x number of UA
      • Total area ≥ number of units x 400 m2

Developments with a capacity of more than 150 beds:

At least 5 tourist entertainment facilities and/or activities must be provided, from among those defined in the Annex to the same Decree, and the gross construction area of the spaces allocated to these facilities and/or activities must comply with one of the parameters mentioned above.

Framework in point d) – “Themed projects that (...) develop specific aspects of Azorean culture or agriculture”.
“Themed projects" are those that explore a relevant aspect of Azorean culture or agriculture, which must be integrated into the project as an essential component.

The theme should consist of concrete and wide-ranging actions, with decisive weight in the structure and general operation of the development, which should be visible in the type of spaces to be included in it and in the services to be implemented.

According to number 5, from Article 5, the granting or refusal of permission to carry out urban planning operations relating to tourist developments on the island of São Miguel depends on the superior weighing up, based on information from the services responsible for tourism, of the project's response to the set of aspects set out in the same provision, namely in the respective points a), b) and c), which are quoted below:

    • a) The coordination of the project with the Azores Tourism Strategic and Marketing Plan;
    • b) The economic and social impact of the project on the municipality and island where it is situated;
    • c) The architectural and urban adequacy of the project to its surroundings, considering the objectives of landscape quality and the guidelines for landscape management in the Azores, under the terms of Regional Government Council Resolution nº 135/2018 of 10th December.

In this regard, the project should include additional elements that will allow this Regional Directorate to analyse the abovementioned regulations.

Frequently asked questions (Frequently Asked Questions (FAQ’s)

Requests for prior information, as well as architectural, subdivision, urbanisation and land remodelling projects relating to tourist developments, must be submitted to the Regional Directorate for Tourism for a compulsory consultation.

The assessment of the Regional Directorate for Tourism focuses on:

    • Adequacy of the work or tourist development designed for the intended purpose;
    • Compliance with the appropriate regulations set out in the RJET-A and its respective regulations, the sectoral plan for regional tourism planning;
    • The location of the tourist development, except when this is provided for in a current urbanisation plan, detail plan or allotment licence.

Tourist development projects in the Autonomous Region of the Azores must be drawn up by an architect.

Glamping is a commercial name that is already widely used and recognised at an international level, but it is not mentioned in the current tourism law, regulated by the RJET-A.

Entende-se que o Glamping, por decorrer da junção dos conceitos de glamour e camping, caracteriza, uma nova forma de acampar, na qual é possível experienciar um nível de conforto bastante superior ao verificado quando se utiliza as comuns tendas de campismo.

Glamping, a combination of the concepts of glamour and camping, represents a new form of camping, in which it is possible to experience a level of comfort far superior to that of ordinary camping tents.

In glamping, we can find an endless variety of forms of accommodation that we consider “shelters”, many of which are the result of evolved adaptations of traditional tents and rulotes, built from the most varied materials. Examples of shelters usually integrated into glamping include the following structures: tipis, yurts, domes, bubbles, eco-pods, bungalows, tree houses, concrete tubes, etc. Many of these accommodations are hybrid structures, often next to buildings, with a certain degree of permanence on the ground, equipped with sanitary facilities and dining areas, but due to their limited space (very small floor areas and variable ceilings), it will not be possible to licence them as houses or other types of accommodation.

These structures fall under the category of “accommodation facilities”, as defined in Article 19 of Decree 1320/2008 of 17th November, concerning Camping and Caravan Sites.

In accordance with number 3, of Article 40 from RJET-A, tourist developments that have the infrastructures and equipment typical of Tourist Complexes may, for commercial purposes, use the expression ‘Resort’ together with their name.

Thus, the use of the expression “Resort” by a type of development other than a Tourist Complex depends on compliance with the requirements set out in number 1, from Article 8, of Ordinance nº 55/2012 of 16th May, namely:

    • Internal circulation roads that allow emergency vehicles to pass through;
    • Interior roads with a minimum width of 3 metres or 5 metres, depending on whether they are one-way or two-way, when motor vehicle traffic is permitted;
    • Car parking areas for common use;
    • Outdoor green spaces and areas for common use;
    • Concierge;
    • Common use swimming pool;
    • Sports and leisure facilities.

The concept of ‘Nature Tourism’ is an official qualification awarded to developments located in classified areas or other areas with natural values, which fulfil the best environmental practices defined in a specific decree, as set out in article 20 of the RJET-A. This is a recognition to be awarded to the development when it is completed and fully operational, through on-site verification of the implementation of the environmental practices set out in Ordinance no. 261/2009, of 12th March (amended by Ordinance no. 47/2012, of 20th February).

The Regional Directorate for the Environment is responsible for awarding the qualification in question, so for further details, please contact them.

Developers must send the Regional Directorate for Tourism the document certifying the use for tourism purposes, issued by the respective town hall, and an audit of the development's classification will then be scheduled within 60 days of the date of issue of the respective licence or the opening of the development.

Once the auditing has been carried out, the Regional Director for Tourism will classify the tourist development and award the corresponding licence plate.

The tourist development's nameplate, supplied by the Regional Directorate for Tourism, must be displayed outside and near the main entrance.

The document certifying use for tourism purposes expires in the following cases:

    • If the development does not start operating within one year from the date of issue of the permit authorising use for tourism purposes or from the expiry of the deadline for its issue;
    • If the development remains closed for a period of more than one year, except for renovations;
    • When the development is put to a use other than that provided for in the respective document;
    • When, for whatever reason, the development cannot be classified or maintain its classification as a tourist development.

Every tourist development is issued with a document by the local authority certifying its use for tourist purposes.

Each tourist development must have a single entity responsible for its full operation and level of service and for complying with the rules and regulations applicable.

The entity responsible is designated by the holder of the document that grants the property the respective permit authorising its use for tourism purposes.

Without detriment to the powers of local town halls under the Legal Regime for Urbanisation and Building (LRUB/RJUE), the Regional Tourism Inspectorate is responsible for overseeing compliance with the RJET-A and its respective regulations.

The capacity of tourist developments is determined by the maximum number of permanent beds and convertible beds. Permanent beds are only installed in bedrooms, while convertible beds are installed in living rooms, with a maximum of 2 beds (corresponding to a double sofa bed).

In any of the tourist typologies, 1 bed is considered to be occupied by 1 person, the is, each single bed is 1 bed, while a double bed is counted as 2 beds.

In tourist developments of the type Hotel Establishments, Tourist Villages and Tourist Apartments, their maximum capacity is determined by the maximum number of permanent and convertible beds installed in the accommodation units.

The maximum capacity of Manor Houses and Rural Tourism developments is determined by the maximum number of permanent beds installed in the accommodation units.

In Camping and Caravan Sites developments, capacity is determined by the usable area intended for each user and the number of permanent beds, if any.

In tourist developments of the type Hotel Establishments, Tourist Villages and Tourist Apartments, it is permitted to place an additional removable bed in the rooms on request, if there is sufficient space for this purpose. This bed is not counted when determining the maximum capacity of the development.

Legislation

Regional Legislative Decree nº 23/2012/A, of 31st May

Establishes the legal framework for the establishment, operation and functioning of tourist developments (RJET-A), first amendment to Regional Legislative Decree no. 7/2012/A, of 1st March.

Regional Legislative Decree nº 1/2016/A of 8th January

Approves the Budget of the Autonomous Region of the Azores for 2016 and amends Regional Legislative Decree no. 23/2012/A, of 31st May, in its 43rd paragraph.

Ordinance nº 55/2012, of 16th May

Approves the establishment, classification and operating requirements for the various types of hotel establishments, villas, apartments and tourist complexes.

Ordinance nº 54/2012, of 15th May

Establishes the minimum requirements to be met by Manor Houses and Rural Tourism developments.

Ordinance nº 1320/2008, of 17th November

Establishes the specific requirements for the establishment, classification and operation of camping and caravan sites.

Ordinance nº 58/2012, of 18th May

Establishes the requirements for common-use equipment in tourist developments.

Ordinance nº 59/2012, of 18th May

Approves the templates for the plaques identifying the classification of tourist developments.

Ordinance nº 518/2008, of 25th June

Instructing requests for urbanisation operations relating to developments.

Only applies to the island of São Miguel:

Regional Legislative Decree nº 17/2019/A, of 24th July

First amendment to Regional Legislative Decree nº 13/2010/A, of 7th April, on the partial suspension of the Tourism Planning Plan for the Autonomous Region of the Azores (TMPARA/POTRAA), approved by Regional Legislative Decree nº 38/2008/A, of 11th August.

Ordinance nº 102/2010, of 28th October

Defines the concept of “strong tourist entertainment component” mentioned in subparagraph c), of number 3 of the abovementioned Legislative Decree.

Instruction of processes related to tourist enterprises

Tourist development projects should preferably be submitted in digital format, with drawings in DWF or DWG format.

The description of requests for prior information and prior control procedures for tourist developments must include an information on the type of development, classification and category desired, as well as the number of accommodation units and the number of beds (single and double), both permanent and convertible; the estimated capacity for other areas of the development, namely restaurants, meeting rooms and other complementary equipment.

In the case of developments of the type Hotel Establishments, Tourist Villages and Tourist Apartments, it must also be stated how the mandatory requirements demanded for the facilities of the development and the optional requirements have been fulfilled, with an indication of the respective score, under the terms of Decree 55/2012 of 16th May. 

Use the tables provided below to calculate the score required to license your tourist business, according to the respective categories.

Annex I

Hotel Establishments

Annex II

Tourist Villages

Annex III

Tourist Apartments

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