Context
According to the current version of Law no. 2/2020 of 31 March ("Law 2/2020"), which approved the Portuguese State Budget for 2020, several measures were approved to support the payment of residential and non-residential rents.
With regard to agreements for the use of spaces for commerce and services in shopping centres, it was established that "no minimum rent is payable until 31 December 2020, being only due the payment of the variable component of the rent, calculated on sales made by the tenant, to the owners of the shopping centres, being the tenants also responsible for the payment of all expenses contractually agreed, namely those relating to common charges and expenses".
Law no. 4-A/2021 of 1 February (“Law 4-A”) clarifies, through an interpretative rule, the abovementioned exceptional regime applicable to agreements for the use of spaces for commerce and services in shopping centres, under the following terms:
A. Retroactivity
Law 4-A clarifies that the abovementioned exceptional regime applicable to agreements for the use of spaces for commerce and services in shopping centres applies to the period from 13 March until 31 December 2020.
B. Definition of shopping centre
In addition to the clarification referred to in A. above, it is also established that the term "shopping centres" should be construed "so as to cover all complexes within the meaning of the definition provided for in paragraph 2(m) of the legal regime for access to and exercise of trade, service and catering activities".
Thus, for the purpose of applying the exceptional regime applicable to agreements for the use of spaces for commerce and services in shopping centres, shopping centre should be considered as "the whole planned and integrated complex, comprising one or more buildings in which a diversified set of retail and/or services’ establishments are installed, whether or not owned or operated by the same entity, which fulfils the following cumulative requirements:
i) it has a set of premises and services designed to give to the same customers access to the several establishments;
ii) it is subject to common management, responsible in particular for the provision of common services, the establishment of common practices and the complexes’ communication and promotion policy".
C. Entry into force
The Law 4-A enters into force on 2 February 2021.
The above information is not intended to be an exhaustive analysis of all the changes to the current legal regime, but a selection of those that CCR Legal deems to be the most relevant, and does not dispense consulting CCR Legal and/or the diplomas to which they refer.
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