In Portugal, although there is no direct obligation specifically directed at owners of rental properties, they must comply with specific legal obligations regarding accessibility, as established by Decree-Law no. 163/2006. This legal instrument aims to ensure that all buildings, including those intended for rental, are accessible to people with reduced mobility or other physical limitations. Here are the main obligations of owners:
Legal Obligations of Owners
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Compliance with Technical Accessibility Standards:
Owners must ensure that properties comply with the technical accessibility standards established by Decree-Law no. 163/2006. These standards include requirements for ramps, elevators, doors, and corridors, to ensure access and mobility for all tenants, regardless of their physical abilities.
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Licensing and Inspection:
To obtain licensing for new constructions or remodeling works, projects must include an accessibility plan that is approved by competent authorities. Inspection entities have the power to apply fines and accessory sanctions in case of non-compliance with accessibility standards.
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Maintenance of Accessibility Conditions:
It is the owner’s responsibility to maintain accessibility conditions over time. This includes carrying out necessary repairs and updates to ensure that the property continues to comply with legal standards.
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Support for Tenants with Special Needs:
Owners must be prepared to accommodate reasonable requests from tenants with special needs, such as the installation of additional equipment that improves accessibility, provided such requests are feasible and do not impose a disproportionate burden.
These obligations aim to promote inclusion and ensure that all citizens have equal access to housing. Compliance with accessibility standards is not only a legal requirement but also a social responsibility to ensure that the needs of all tenants are met fairly and equitably. However, if it is not new construction or reconstruction, the owner may be exempt from complying with them.