Ministry of Tourism Ordinance No. 28/2025: new mandatory procedures for guests entering and leaving lodging facilities in Brazil

In brief

MTur Ordinance No. 28/2025 has been published, regulating minimum operating procedures for guests entering and leaving lodging facilities, including rules on opening hours, cleanliness, differentiated rates and the duty to provide information.

In more detail

On September 17, 2025, Ministry of Tourism Ordinance No. 28/2025 was published, regulating art. 23, § 6, of Law No. 11,771/2008 (General Tourism Law). The rule establishes the minimum operating procedures to be observed by lodging establishments with regard to the entry and exit of guests, with emphasis on the following points:

1. Daily rate period: The daily rate corresponds to a 24-hour period, as defined by law.
2. Check-in and check-out times: These must be set by the accommodation establishments, taking into account the time needed for tidying up, hygiene and cleaning of the accommodation unit.
3. Cleaning time: The time allocated to tidying up, hygiene and cleaning must be included in the daily rate and may not exceed three hours.
4. Differentiated rates: Differentiated rates may be adopted for extraordinary use of the room (early check-in or late check-out), as long as the conditions are communicated to the guest in advance and do not jeopardize mandatory services.
5. Duty of information: Lodging establishments (and any intermediaries) must inform guests at least of check-in and check-out times and the estimated time for cleaning and organizing the unit.
6. Minimum services during the stay: Housekeeping, hygiene and cleaning services must be offered, including complete sanitization, change of bed linen and towels, at a frequency compatible with the establishment.
7. Waiver of services: Guests may dispense with housekeeping and cleaning services by expressly stating so, and their privacy must be respected and sanitary and safety conditions guaranteed.
8. Supervision: The Ministry of Tourism and its delegates will be responsible for supervising and applying sanctions, in accordance with current legislation.
9. Duration: The Ordinance comes into force 90 days after the date of its publication (September 17, 2025).

Complementing the new provisions, through a publication made by the Ministry of Tourism’s Communications Office on September 26, 2025, it was clarified that Ordinance No. 28/2025 aims to increase transparency in consumer relations and standardize the provision of services in the accommodation sector. According to the press release, the ordinance reinforces provisions already laid down in the General Tourism Law, establishing clear guidelines on the duration of daily rates, minimum housekeeping services and the duty to inform guests.

The publication points out that the Ordinance applies to all establishments registered as means of lodging, including hotels, inns, resorts, hostels, apartments and apart-hotels, but does not cover residential properties rented through digital platforms such as Airbnb and Booking.

In addition, the advisory service pointed out that the Ordinance does not set mandatory check-in and check-out times, leaving it up to the establishments themselves to define and inform these times in a clear and transparent manner at the time of hiring. It was also emphasized that, although the daily rate covers 24 hours, up to three hours can be set aside for cleaning and tidying the room, at no additional cost to the guest.

Finally, the Ministry of Tourism emphasized that the agency itself will be responsible for monitoring compliance with the new rules, and will be able to initiate administrative proceedings and impose penalties in the event of non-compliance, always ensuring that service providers are given the right to an adversarial hearing and a full defense.

Faced with so many changes and new requirements brought about by Ordinance No. 28/2025, it is essential that professionals and managers in the hospitality sector are aware of the details and practical impacts of these regulations. A thorough understanding of the obligations, consumer rights and opportunities for compliance can be the key to ensuring compliance, avoiding risks and even improving the guest experience.