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Court rules short-term rental apartment owners don't need neighbours' permission

alThe Association of Local Accommodation in Portugal (ALEP) announced today that the decision of the Supreme Court of Justice, that it is not necessary to get agreement from all apartment owners for one apartment or more to be let short-term to tourists, gives some legal stability to the sector.

The recent Supreme Court decision in favor of local accommodation flexibility concerns a case in Lisbon where apartment owners won a case against one apartment owner who was letting his property under the Alojamento Local (AL) scheme, claiming that they all had to agree before any lettings could take place.

ALEP’s president, Eduardo Miranda, explained that the appeal ruling proves that "the condominium does not have the power to prevent AL activity."

According to Miranda, the Supreme Court of Justice held that "local accommodation activity comes under housing use and not under commercial or other use, so the assembly of condominium owners can not prohibit an owner from letting his property." Miranda added that the recent court decision "brings legal stability to an activity that has gained increasing importance not only economically but also socially, since there are already thousands of families depending on short-term rentals."

Since registered Alojamento Local activity is a recent thing in Portugal, the ALEP president acknowledged that "there is always a way to improve things" in regulating the activity, and that "with an open dialogue and commitment from those involved, it will be possible to promote peaceful coexistence for all."

In addition to this judicial process in Lisbon, there has been an identical situation in Oporto, where the court also decided that the neighbouring apartment owners "did not have the right to approve or deny short-term lettings, because the activity is perfectly compatible with the property’s use."

ALEP said it intends to continue to "promote a spirit of good neighbourliness and co-operation between homeowners who let their property and owners at condominium meetings," in order to ensure harmony among all stakeholders.

In this context, ALEP is going to publish a ‘good practice’ document to instill respect for the interests of all involved, including the tourists. This will be presented in the next few weeks now that this key court case in out of the way.

__________

For information on the Alojamento Local registration scheme and allied mattters, contact Nalle, 'The voice for local lodging in Portugal'

www.nalle.pt

or contact ALEP

http://www.alep.pt/

or contact afpop,

www.afpop.com/en/

Comments  

-1 #2 CHARLY 2017-03-30 15:23
It's very interesting to read the figures mentioned in the
ALEP website : they perfectely illustrate what ALGARVEDAILYNEWS says and repeats constantly : AL is a "complete disaster" because of the total incompetence of the political rulers and the complete ignorance by all concerned bodies such as Camaras, ASAE, Finanças, etc.
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-2 #1 Sarah Jones 2017-03-30 15:12
Do many Portuguese ever ask themselves - "Why is registered Alojamento Local activity such a recent thing in Portugal?"
Why so many 'soft barriers to entry' in Portugal but so effortless elsewhere in the more advanced EU?
This will be the main hurdle in any future Brexit negotiations - getting the 27 countries to agree on terms, particularly if existing arrangements and regulations are used, may be the easy part.
Policing these regulations to make sure that British citizens are not continuing to be penalised by the more backward EU countries for being British - that will be the "Devil in the detail". But just assuming goodwill, as some of the more advanced EU has done for decades, has proved to be quite obviously totally inadequate.
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