Operating and other licences in Portugal
Industry
Environmental Impact Assessment
EIA is a fundamental tool of preventive environmental policy, not only in industry but also in energy and tourism.
Process concerning Integrated Pollution Prevention and Control
(Directive 2008/1/CE) Coordinating the process of Integrated Pollution Prevention and Control (IPPC) for issuing environmental licences on industrial concerns. The aim is to prevent and control industrial and agricultural emissions/waste into the atmosphere, water and soil and so provide a high level of environmental protection.
Industrial Licensing Procedure
Coordination of all types of industrial licensing procedures. Authorisation for type 1 industrial establishments, prior declaration (type 2) and registration for type 3 establishments. Depending on the complexity of the licensing process, it may be necessary to mediate with the coordinating entities (Ministry of Economics) and other authorities such as the “Administração da Região Hidrográfica”, Portuguese Environmental Agency (APA), National Authority for Civil Protection (especially in the case for protection against fires), Authority for Working Conditions (ACT), Coordinating Commission for Regional Development (CCDR), General Health Directorate, Directorate General of Veterinary Services, etc.
Commerce
Authorisation of Retail Establishments
This is required for establishments with sales areas equal to or greater than 2000 m2, or if they are part of a group with a total sales area in excess of 30,000 m2 nationally.
Services
A wide variety of services require a state registration or license. In addition to doctors, lawyers or auditors, who all require special permits, services providers such as real estate agents, construction companies, travel agents, car rental businesses and leisure activity businesses all require licensing.
License to carry out real estate activity
Real Estate activity requires a license and the law lays down a set of requirements that must be met in order to obtain one:
This type of activity, for example, may be only legally undertaken by a company incorporated under Portuguese law, or through a company with registered offices in a European Union member state. The authority charged with issuing the respective licenses is the INCI - Instituto da Construção e do Imobiliário (ex IMOPPI).
Construction companies
Construction companies are required to obtain a permit that stipulates necessary technical and financial capacity. Again the authority charged with issuing and renewing this permit is the INCI.
Tourism, Licenses for hotels, travel agencies and ludic activities
Whether one runs a simple bar, a hotel establishment, a resort, tourism apartments or camping site all tourist activities necessitate an operating license and are required to meet specific building legislation. Licenses are granted by the local councils or by “Turismo de Portugal, IP”. Catering and banqueting activities are subject to approval based on the working capacity of the restaurants.
Operating a travel agency requires authorisation from “Turismo de Portugal”. It must be operated in the name of a company with an equity capital of at least 100,000 Euros, rather than in an individual person’s name. The travel operator must also demonstrate its fitness to run such an enterprise and provide a personal guarantee.
Organizing sporting activities, such as surf schools or other sports or summer camps, conferences and events, organized tourist guides as well as sports equipment rentals and entertainment are also required to register with the "Registo Nacional dos Agentes de Animação Turística (RNAAT) ".
Car rental
Car rental activity requires approval by the “IMITT, I.P.- Instituto da Mobilidade e dos Transportes Terrestres.” Various conditions are stipulated in order to obtain a permit, of which we highlight the following: it must be operated by a company and cannot be undertaken on an individual basis. The company is required to have an equity capital of at least 50,000 Euros and be in possession of its own premises. The company manager must have proven capabilities. The cars for rent may not be over five years old.