Since the introduction of new local lodging laws earlier this decade, many residential homeowners and tourists have had disagreements over noise levels and unsociable arrival and departure times.
According to newspaper Público, a group of homeowners in a Lisbon apartment block decided they had had enough of the constant influx of ‘new’ neighbours with their clashing routines and decided at a homeowners’ condominium meeting to prohibit holiday lettings in the building.
The targeted proprietor filed an injunction against the condominium and initially succeeded with the claim.
But when the matter was taken to the Lisbon Court of Appeal, the presiding judges ruled that unless a building is issued with a trading licence, a homeowner can be stopped from renting out a property to holidaymakers.
This rule does not apply to long-term rentals.
The Court explained that letting out a property to tourists is a commercial activity, just as a hairdresser or a café might be, and needs approval from a building’s homeowners’ association in order to operate.
While a local lodging licence is issued by municipal authorities, with the activity then further formalised by registration with tax and tourism authorities, the Court said this “is irrelevant”. It revealed that a property which has initially been destined for housing can only be transformed into a business with approval from other proprietors.
Legal experts contacted by Público said that cases such as the above remain relatively uncommon due to the recent nature of the local lodging laws, but this latest judgement could result in a few more residential housing complexes successfully challenging holiday lettings.
In response to this ruling, the chairman of the National Homeowners Association (ANP), has agreed that local lodging lettings should be considered economic activities and not as simple housing.
António Frias Marques said he was not surprised by the verdict, adding that he was aware of a number of cases where local lodging licences in residential buildings are being challenged at the highest level.
“What we are hearing from residential homeowners is that they no longer have peace and quiet where local lodging licences have been issued. We are receiving reports of excessive noise, drinking until the early hours of the morning, lifts being sent to the top floors and then to the bottom and rubbish being thrown out of apartment windows”, lamented António Frias Marques.
The ANP chief meanwhile also said that a total of 35,000 local lodging licences have been issued, but revealed that one holiday letting website alone currently offers accommodation at 70,000 different properties across the country.