It’s a more common question than it seems: are all restaurants required to have a bathroom? And can they charge for its use? The answer is provided for in the rules that regulate the restaurant sector in Portugal, and there are more exceptions than many imagine. According to Notícias ao Minuto, the law is clear regarding the obligation to have sanitary facilities, but allows for some situations in which establishments are exempt from this requirement.
According to the Guide to Rules and Good Practices in Restaurants and Beverages, prepared by the Directorate-General for Consumer Affairs (DGC) in conjunction with the Portuguese Hotel, Restaurant and Similar Association (AHRESP), all restaurant spaces must have sanitary facilities for customers.
However, this rule is no longer mandatory when the restaurant is part of a shopping center or tourist development that already has common bathrooms, or when the space only prepares meals for consumption off-site, as is the case with many take-away services.
What the law requires within establishments
In other cases, the existence of a bathroom is mandatory. According to the publication, restaurants with a capacity of 30 or more seats must have sanitary facilities separated by sex, with individual cabins and adequate hygiene conditions. The law also requires that these facilities be located within the space, away from the dining and food preparation areas, and equipped with basic utensils, such as soap and paper towels.
Competent authorities, such as ASAE, can impose fines if the establishment does not comply with hygiene and maintenance rules, or if the bathrooms are not properly accessible to customers.
What about payment? Can I be charged for using the bathroom?
This is another frequently asked question, and the answer depends on who uses it. The same guide clarifies that use is free for customers, but charges may apply to those who do not consume, as long as this information is clearly posted at the entrance or near the facilities. According to Notícias ao Minuto, this practice is legal and has become more common in tourist areas, where many establishments are sought out just for this purpose.
In other words, if you are consuming at the restaurant, you cannot be charged any amount. However, if you enter just to use the bathroom, the space may ask you to pay a small fee (for example, €0.50) as long as this policy is properly communicated to the public.
Hygiene, safety and common sense issues
The standards are also clear regarding the cleaning and conservation of the facilities. Spaces must remain in a good state of hygiene and functioning, ensuring safe and comfortable conditions for customers. The responsibility lies with the owner or manager of the establishment, who must ensure regular inspections and maintenance.
According to Notícias ao Minuto, these measures are part of a joint effort between DGC and AHRESP to reinforce good practices in the sector and clarify recurring consumer doubts. The same guide also addresses other topics, such as the maximum capacity of spaces, electronic payments, minimum consumption and even tips: another point where misunderstandings persist.
The essentials to remember
In short, restaurants must have a bathroom, except in cases provided for by law. Access is free for customers, but there may be a charge for those who do not consume, as long as this rule is visibly posted. And, above all, the facilities must comply with all hygiene and safety standards required by the authorities.
As concluded by , knowing these rules helps not only consumers to exercise their rights, but also establishments to avoid fines and guarantee a more transparent service.
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