In Portugal, a fitness space falls under two laws. DL 141/2009 covers the premises: the Câmara Municipal must clear the unit for sports use, and you file a prior notice before opening. Lei 39/2012 covers the people: a technical director (DT) with an IPDJ title and qualified instructors. That law excludes “recreational sports facilities without technical supervision”, so the key question for an unstaffed gym is how the authorities classify your model. Gym use is at 23% IVA. Customers pay with MB WAY or a card. Sparekey costs €990 for setup and €19 a month for Operations.
The question to settle first
If Lei 39/2012 applies, you need a DT whose name and hours of presence are posted, plus an internal regulation and an operations manual signed by the DT. A room unstaffed around the clock sits uneasily with that. Ask the IPDJ regional directorate and your Câmara how a room booked by the hour for self-training is classified, and ask a lawyer, before you sign a lease. Do not rely on the exclusion without that answer.
Registration and premises
A sole trader files the start-of-activity declaration on the Portal das Finanças. A company (Lda) can be set up in one visit through Empresa na Hora for €360. For the premises, ask the Câmara which title your unit needs for sports use, then file the mera comunicação prévia online with your operating rules, safety instructions and evacuation plan. The receipt is your title to open.
Insurance
Operators of sports facilities open to the public must take out sports insurance (seguro desportivo) covering personal accidents of users, and post a notice that it exists. Add civil liability and equipment cover, and tell the insurer the gym runs without staff. See insurance and liability.
IVA and certified invoicing
Gym use is on neither reduced list, so it is at 23% on the mainland. The Azores and Madeira set their own rates. Below €15,000 of previous-year turnover you can use the small-business exemption.
Portugal requires an invoice for every sale, also to consumers and without being asked. When you use invoicing software, it must be certified by the tax authority, with a QR code and an ATCUD code on each invoice, and invoice data reaches the AT by the 5th of the following month. Sparekey exports every booking and payment as a CSV file. Agree with your certified accountant which certified software issues the invoices, and we fit the booking flow to it.
Payments: Stripe with MB WAY
MB WAY is the app most Portuguese pay with: the customer enters their phone number and approves in the app, and the result is immediate. In Portugal we set up Stripe with MB WAY, Multibanco, cards, Apple Pay and Google Pay, with payouts in euros. The Stripe account is in your name, and setup is included. Multibanco references can take a day or more to confirm, so they suit bookings made well ahead.
Door access
We recommend a 2N keypad with a maglock, installed by a professional door installer. Nuki is the cheaper option on the existing lock, but it cannot be secured as well against tampering by customers. Sparekey costs the same. Each booking gets a time-limited PIN by SMS right after booking, and the stored backup code covers internet outages. See 2N keypad and maglock.
Cameras and complaints book
The data protection authority (CNPD) needs no notice, but it does not allow cameras inside a gym’s training area, in changing rooms or toilets. Keep footage for 30 days, record no sound, and post the legal information notice. A camera at the entrance is the defensible setup. See cameras in an unstaffed gym.
Fitness services must offer the electronic complaints book and link to it from the website. Ask the ASAE whether a paper book applies to an unstaffed room.
What Sparekey costs in Portugal
| Item | Price |
|---|---|
| Setup (one-off) | €990 |
| Operations (hosting and maintenance) | €19 / month |
| Door-code SMS | based on volume |
No VAT is added, because Sparekey is not VAT-registered. You pay in euros by bank transfer. See pricing.
FAQ
Does a private gym in Portugal need a technical director?
Fitness facilities under Lei 39/2012 do. The law excludes recreational facilities without technical supervision. Ask the IPDJ and the Câmara how your model is classified.
Do I have to issue an invoice for every booking?
Yes. Every sale needs an invoice, also to consumers, from certified software if you use invoicing software.