The rule that sets Portugal's affordable rents is 90 days past its own legal deadline
The simplified regime has had legal effect since 1 September, but the maximum rent by property type only exists once a portaria is published. Article 16 of the decree-law gave the government 30 days from 20 May. In 2019 the equivalent took 15.
Everyone reported that Portugal’s new affordable-rent regime is waiting on a portaria. Nobody checked when that portaria was supposed to arrive. We read the decree-law, and the answer is written into it.
The Simplified Affordable Rent Regime was created by Decreto-Lei 97/2026 of 20 May. Article 16, headed Regulation, gives the government 30 days from publication to approve the portarias the regime needs, and the missing one is precisely among them. Thirty days from 20 May ran out on 19 June. Today is 17 September. That is 90 days beyond the deadline, and 120 days since publication.
Why one portaria stalls a whole regime
Because it holds the number. Article 4 of annex III says that in an affordable-rent contract the monthly rent must be at or below a maximum by property type, to be set in a portaria, built on 80% of the median rent per square metre that the national statistics institute calculates for the municipality where the home sits, and capable of varying with energy rating and private parking.
Without that document there is no ceiling. And without a ceiling a landlord cannot answer the only question that matters before signing: if I drop the rent to this figure, am I exempt from income tax or not? We worked through the two calculations the regime forces on a landlord earlier this month, and the sum still has an unknown sitting where a number belongs.
The second deadline went by 16 days ago
There is another one nobody mentioned. Article 13(1) requires that by 1 September 2026 the adaptations to the electronic platforms needed to apply the regime be made available. That is the very date on which article 18 has the regime take effect. The drafter put the two on the same day deliberately, so that the scheme would be born with somewhere to sign up.
The IHRU platform where landlords and prospective tenants register is not live. On 16 September the Secretary of State for Housing said the portaria is coming in the next few days and that the platform is already designed, with only the portaria standing between it and going into service. Two statutory deadlines, both passed, and a regime in force between them.
How that compares with last time
The previous scheme is the yardstick, and the comparison sits inside the 2026 decree-law itself, which cites both instruments. The Affordable Rent Programme was created by Decreto-Lei 68/2019 of 22 May. Portaria 176/2019, which fixed the rent limits, appeared on 6 June that year. Fifteen days.
What we counted is simple, and anyone can redo it: the publication date of each decree-law in the Diário da República, the date of the portaria fixing maximum rents, and the gap between them. In 2019 it was 15 days. In 2026 it stands at 120, with a 30-day legal limit somewhere in the middle.
None of this makes the regime worse than it is. Full exemption from income tax remains the strongest incentive Portuguese renting has ever carried, and the Lisbon landlords’ association has already pointed out that a platform only simplifies things once it exists. But a regime that has legal effect and cannot be used is a regime that has not started, and the counter reads 120.
Chart: Tugadaily