The new rules for enclosed spaces where smoking is still allowed are established in a joint decree of the Ministries of Economy and Sea and of Health published today in Diário da República and come into force on January 1, 2023.

The ordinance establishes the rules regarding the maximum capacity allowed, the physical separation or compartmentalisation, the installation and technical requirements of ventilation systems and the minimum size of spaces.

As for the separation of smoking rooms, the ordinance determines that the interconnection between the rooms where smoking is allowed and the spaces in the same building where it is not allowed must be done through an antechamber with a minimum of 4m2, properly ventilated and with automatic doors”.

It also establishes that the opening time of the entrance door of rooms where smoking is allowed cannot be done simultaneously with the opening time of the exit door.

In restaurant or beverage establishments, including those with dance halls, places where smoking is allowed in areas intended for customers may be established, provided that they have an area for customers equal to or greater than 100 m2 and a minimum ceiling height of three meters.

These locations, including the respective antechamber, can occupy up to a maximum of 20% of the area intended for customers.

“The maximum capacity of places where smoking is allowed is defined by the owner of the establishment or by the entities responsible for the establishments (…) and must comply with the fire safety project in buildings and validated” by specialised technicians.