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.
Neighbours block tourism rentals
in News · 08 Dec 2016, 12:37 · 5 Comments
im more concerned with barking dogs,behind us we have 5dogs in one garden 2 in another,at the frount of the property ther are 2dogs 2doors away,they can bark for hours sometimes all day,and all nite,and it seems nothing can be done,the gnr have been told they come go away and the dogs carry on,making life pretty intolarable for all.
By pete bowie from Algarve on 09 Dec 2016, 13:29
I am afraid that this will have a serious impact on Tourism in the country, especially the Algarve where apartments are in great demand during the peak season. Where will the Holiday makers stay ? They certainly cannot afford hotel prices !! Owners should make it crystal clear that unruly behaviour will not be tolerated.
By Cherith Scott from Algarve on 09 Dec 2016, 19:30
I feel bad for dogs more than I feel bad for humans. Many humans treats dogs badly and have no respect for dogs. That's why dogs are so desperately for an affectionate and attention so they barks all day and sometimes bark for hours. That's unfair. Disgusting human being, really.
By azoreseuropa from USA on 10 Dec 2016, 12:40
I see that some guests dont behave, and make problems, but that should be reported to the letting company to make rules for guests, but that is only one situation. Often the letting apartments are in areas with bars and restaurants, and I can comfirm that this might be a bigger problem for many residentials, because the noice from this places also keeps on late nights, and people strolling the streets screaming away. That should also be an issue conserning noice and other things. Easier to take letters maybe?
By Ellen Thorvaldsen from Algarve on 11 Dec 2016, 13:31
FANTASTIC RULE We bought a new townhouse in a condominium with 9 townhouses.The houses were just for selling in a quiet place and we got the information it should be nice to live there. However the selling did not going well. The constructor and his partner started to rent out the houses for holiday renting and a number of houses for long terms.No problem with the long terms but terrible problems wit the summer rentals The swimming pool is next of
our house so you can imagine how terrible it is.In the summer we can not use the swimmingpool by ourself because the rentals with children make a lot of noise and arrested the pool for the day. The condomnium have houserules ,but thats not enough.We bought the house, after our pension, to have an pleasent lifestyle in Portugal but now we are upset and want to leave the Algarve, but its not possible to sell in this time.
INFORM ME
PLEASE HOW CAN I ORGENISE TO STOP THE SUMMER RENTALS IN CONDOMINIUMS
By frans from Algarve on 12 Dec 2016, 15:26