Limit of 27 guests: The legal boundary between Local Accommodation and Agrotourism
- Ana Carolina Santos
- Nov 20
- 3 min read
The maximum limit of 27 guests constitutes one of the most significant legal barriers in the Portuguese tourism sector, marking a clear boundary between different types of tourism activity. This limitation, which directly affects local accommodation establishments, has important practical implications for owners planning to develop hospitality projects, especially when compared with the rules governing agrotourism.
"The choice of activity mode can determine the success and economic viability of a rural tourism project."
The legal framework for Local Accommodation
Decree-Law No. 76/2024 clearly establishes that local accommodation establishments are limited to a maximum of 9 rooms and 27 guests. This restriction applies to all types of local accommodation, except hostels, which do not have a capacity limit, and rooms, which are limited to three.
How to calculate capacity
The capacity is determined by multiplying the number of rooms by two, with an allowance for two additional guests in the room for "apartments" and "houses."
Practical example:
9 rooms × 2 guests = 18 guests
2 guests in the room (for apartments/houses)
Maximum total: 20 guests
However, the absolute maximum remains at 27 guests, with the possibility of installing convertible beds and/or extra beds up to 50% of the number of fixed beds.
Agrotourism: A different regime
Agritourism, regulated under the Rural Tourism Enterprises (TER) regime, operates under completely different rules. According to Decree-Regulation No. 13/2002, the maximum number of accommodation units in agritourism is 10 rooms.
Specific features of agritourism
Maximum of 10 accommodation units (rooms)
Must be located on agricultural properties
Allow guests to participate in agricultural activities
Mandatory to be established in existing buildings
Minimum room size: 7m² for singles and 9m² for doubles
Practical implications of the limit
For Owners of Local Accommodation
The 27-guest limit has direct consequences:
Revenue restrictions: lower guest capacity
Economic viability: may hinder larger projects
Reduced flexibility: difficulty adapting to high seasonal demand
For Agritourism Projects
Although the limit is 10 rooms, it could host up to 20 guests (10 rooms × 2 guests), approaching the local accommodation limit but with more flexible regulation regarding ancillary services.
Key regulatory differences
Aspect | Local Accommodation | Agritourism |
Max capacity | 27 guests / 9 rooms | 10 rooms |
Location requirements | Urban or rural | Agricultural |
Ancillary activity | Not mandatory | Mandatory |
Procedure | Prior notification | Specific licensing |
Competent entity | Municipal Council | Municipal Council (TER) |
Consequences of non-compliance
Overcapacity may lead to:
Cancellation of registration
Administrative fines and penalties
Illegal operation
Liability in case of accidents or incidents
Inspection and control
The Turismo de Portugal can conduct inspections to verify compliance with the established limits, especially when there are indications of exceeding the authorized capacity.
Optimization strategies
To maximize legal capacity:
Extra beds: Up to 50% of fixed beds
Room use: 2 additional guests in apartments/houses
Space optimization: Double rooms whenever possible
Project considerations
Feasibility analysis: assess whether 27 guests are sufficient for the expected return
Alternative mode: consider agritourism if the property allows
phased development: start with a smaller capacity and evaluate growth
Alerts and recommendations
Legal alert: changing activity mode after initial registration can be complex and costly
Technical alert: always verify urban compatibility before setting capacity
Financial alert: the 27-guest limit may not justify high investments in some cases
Practical advice
Consult specialized professionals before defining the activity
Analyse the property's location and agricultural potential
Study economic viability based on legal limits
Consider future legislative changes
Reflections
The limit of 27 guests in local accommodation represents more than a simple numerical restriction—it is a tool for territorial planning and tourism activity control. For owners and investors, understanding these limits is crucial for informed decision-making about the type of enterprise to develop. The choice between local accommodation and agrotourism should consider not only capacity limits but also property characteristics, location, business goals, and regulatory implications of each modality.
