The requirements regarding the installation, operation, and classification regime of catering or drinking establishments are those provided for in Ordinance No. 215/2011 of May 31.
Basically, this decree regulates the structural and service conditions of the establishment. You should also pay attention to a set of other norms that may apply to these establishments.
For example, hygiene, food safety and quality standards; waste management; tobacco law; health, hygiene and safety at work services; fire safety; acoustics; private security activities; among others.
Basic Infrastructure
In terms of basic infrastructure, catering and drinking establishments must have a supply of water, gas, electricity, and sewage systems.
Whenever there is no public water supply network, establishments must have their own reservoirs, and if one exists, the catchment must have sanitary protection and a treatment system for water potabilization.
In this case, the owner is obliged to carry out periodic analyses of water quality through an accredited entity. There is also the obligation to license new catchments or legalize existing ones with the ARH - Regional Geographical Administration, in accordance with Decree-Law No. 226-A/2007 of May 31.
If there is no public wastewater drainage system, the establishment must have a septic tank (or other appropriate system) dimensioned according to the volume of wastewater produced.
The areas of the establishment, surrounding and access areas must be clear and clean, with appropriate paving to prevent water stagnation, and properly maintained.
Another elementary structural aspect that often prevents licensing is the headroom (interior height of the space).
Headroom is an essential sanitary characteristic and is related to the volume of air available in the compartment. In theory, the greater the headroom, the greater the volume of air inside, and therefore, the better the ventilation of that space.
In many circumstances, the use of an old building or the adaptation of an annex or garage for a cafe or restaurant is simply unfeasible due to the absence of regulatory headroom.
The RGEU (General Regulation for Urban Buildings) stipulates a minimum clear headroom for floors intended for commercial establishments of 3 meters (IMG1). Generally, and taking into consideration article 4 of the General Regulation on Hygiene and Safety at Work in Commercial Establishments, Offices, and Services, a reduction of the headroom to 2.70 meters (IMG2) is tolerated, provided that ventilation is reinforced with complementary means of air renewal.
This rule applies to compartments with permanent human occupation (e.g., kitchen, pantry, and dining room); in compartments without permanent human occupation (sanitary facilities, storage area), a reduction of the headroom to 2.20 meters is accepted.