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Alojameto Local for apartments - 'let the neighbours decide'

alThe government’s continues lack of clear thinking on the Alojamento Local tourism rental laws reached new heights today with an amendment to force apartment owners to get the written permission of other owners in the building before they will be allowed to let their property in the lucrative short term tourist rental market.

Instead of clarifying the law, the government has passed the buck and is to require landlords to obtain a statement from the householders' condominium assembly to give permission to rent out their apartment. This additional document will need to be submitted with AL application forms for apartments, along with all the other documents.

 

The draft bill has entered the Assembly of the Republic, signed by two Socialist Party MPs, and requires apartment owner to present a "simple copy of the resolution of the assembly of owners that authorises the owner of the operation of the establishment to carry out the activity in the case of a fraction of an urban building intended for housing."

The government’s justification is the need to ensure a balance between an owner’s wishes and those of the neighbours,

“...thus seeking to ensure the desirable good relationship between the various condominium owners, this bill adds to the list of documents required for the registration of a local accommodation (AL) establishment a copy of the resolution of the general meeting of condominium owners that authorises the owner of the operation of the establishment to carry out the respective activity."

For this three-line amendment to the current law, there are three pages of accompanying notes and justifications for AL and its benefit to the economy etc. but also a of the potential conflicts and inconveniences to other apartment owners from someone letting their property to tourists.

The Supreme Court of Justice recently overruled a decision of the Lisbon court to which can be added an opposing decision by the Oporto Court of Appeal.

Instead of allowing the judiciary to decide what the law means, the government has decided to introduce a short-cut and let the neighbours decide.

_________

 

For help and advice on Local Lettings, contact  Nalle  and afpop

Comments  

0 #4 Rosemary 2017-05-28 17:20
In an ideal world (where tourists are well behaved and considerate), AL works fine and other owners would have little or no reason to object to the practice. However, having deliberately purchased an apartment in a residential complex rather than in a tourist development (with reception, security and therefore someone to complain to!), I'm sick and tired of excessive noise at all hours, having to replace broken items in the communal areas during the summer season and the lack of social control/security when your neighbours change every week and you never know if a person is legitimately entering your gated condominium. Yes, I would love to be able to vote against AL tourism and finally have the law on my side!
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+5 #3 liveaboard 2017-05-25 08:12
This makes things more archaic for the would-be landlord, but there is sense to it; when residential properties are used as tourist accommodations, it's disruptive, sometimes very disruptive, to the neighboring apartments.
The building always has strangers coming and going. Some are loud. People on holiday often behave poorly, and with a constant ever changing stream of tourists next door, there will be disruption from time to time.
It's stressful and damaging to the social cohesion; that's why residential zoning was developed in the first place.
I know half the expats in Portugal are in the tourist rental business, and this is not what your readers want to hear; but this rule is, at its core, sensible.
Of course refinements are likely required, but when you turn an apartment into a tourist rental, the neighbors carry a share of the burden.
I have been on both sides of the equation.
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0 #2 Ed 2017-05-24 20:35
Quoting Rog.Talbot:
Given the law of unintended consequences no doubt the other apartment owners will either demand a % of the take - as undeclared cash, of course - and / or set themselves up as AL's. It raises many questions - like is there a time limit for the arrangement or can it be inherited? Also, what also is the situation when selling on an AL apartment - can the neighbour's cancel it to the new owner ?
These law amendments raise more questions that they solve.
Such is the legislative mess that has been created by successive governments, 75% to 80% of rental properties are still not registered - and what does that tell us...?
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0 #1 Rog.Talbot 2017-05-24 20:31
Given the law of unintended consequences no doubt the other apartment owners will either demand a % of the take - as undeclared cash, of course - and / or set themselves up as AL's. It raises many questions - like is there a time limit for the arrangement or can it be inherited? Also, what also is the situation when selling on an AL apartment - can the neighbour's cancel it to the new owner ?
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