Hélder Martins told Lusa that the decision of the Supreme Court of Justice (STJ) will affect an “old practice”, in a region that has more than a third of the total of local accommodations (AL) in condominiums.
The recent STJ ruling on local accommodation implies a ban on installing this type of temporary accommodation in autonomous fractions intended for permanent housing in a horizontal property building, according to jurist Fernanda Paula Oliveira.
Público reported on Thursday that the Supreme Court of Justice (STJ) standardized the jurisprudence on the possibility of coexisting, in the same building, permanent housing and temporary housing for tourist purposes, ending, according to the newspaper, “the differences in legal understanding".
“Although in the Algarve the disputes between owners and owners of local accommodation (AL) are less expressive than in Lisbon and Porto (…), the numbers prove that we are the main ones affected by this ruling. These measures are aimed only at fractions in buildings subject to the horizontal property regime, that is, local accommodation in the form of an apartment”, said the president of AHETA.
The same source underlined that “of the 101,534 local accommodations registered in Portugal, 65,750 are in the form of an apartment, of which 25,000 are in the district of Faro”, a number that represents “about 25% of local accommodation in the country” and “38% of the total number of local accommodations in the form of an apartment”.
The president of AHETA considered that the ruling “reveals a total lack of knowledge on the subject and calls into question the entire sector”, also colliding with the provisions of the General Regulation of Urban Buildings (RGEU).
AHETA said that an “amendment to the law made in 2018 (Law 62/2018, of 22 August)” already provided for “mechanisms to resolve these cases of conflict between condominiums and local accommodation owners in a simple, fast and free way”, stressing that the numbers of court cases are “residual” and have been “less than 50 since 2018”.
Taking a guess here……..the government need accommodation available to house refugees.
By JG from Algarve on 26 Apr 2022, 07:18
This is fantastic news for residents.
The AL scheme has exploded over the last few years and especially with Airbnb,many long term residents have been subjected to hell by renters here only for a short term.
I urge the Supreme court to extend this to other residential properties and neighbourhoods that were never intended to be overrun with uncontrolled AirBnb rentals..
Why on earth should long term residents have to put up with behaviour that would not be allowed in the renters home countries?
The ruling does not go far enough.
By James from Algarve on 26 Apr 2022, 13:24
Guess how long foreign investors will stay when those things happen? The country is going a bit too much left IMHO.
By Markus from Lisbon on 27 Apr 2022, 15:00
There is no details web site email address of how to report Air BnB properties Can you include it?
By Charlie King from Algarve on 27 Apr 2022, 17:26
Best news ever for residents! Lots of ALs going to be sold to residents, bringing prices down and improving neighbourhoods. Tourist accommodation will have to be confined to tourist only blocks. Better zoning should apply too.
By Russell Taylor from Alentejo on 28 Apr 2022, 07:13
I think that instead , there should be rules making the proprietor responsible for the behaviour of the tourists in their apartments. If there are constant complaints by other residents, such proprietor should have their license revoked. Also, make the deposit non refundable in case of noise or general misbehaviour and the money payable to the condominium as a way of compensation.
By Isa Webb from UK on 28 Apr 2022, 12:29
there should be a vote by the residents of a condominium if they want AL letting in the building. It is totaly iresponsible of owners who just buy and let out to tourists who this they are in a hotel and can do as they wish.
By peter dodd from Algarve on 29 Apr 2022, 11:53