New Regulations Make it Harder for Neighbors to Close Local Accommodations in Portugal

New Challenges for Local Accommodation Closures

Residents in Portugal will now face stricter requirements when it comes to closing local accommodations. A recent decree approved by the Council of Ministers mandates that neighbors must provide proof of disturbances caused by these accommodations to take action.

According to the new legislation reported by Público, the assembly of condominium owners can only oppose local accommodation activities if they secure a reasoned decision approved by more than half of the building's share, a significant change from the previous requirement of two-thirds.

Proof of Disturbance Required

The new regulations state that residents must demonstrate repeated and verified actions that disrupt the normal use of the building and affect the peace of the residents. The final decision regarding local accommodation will rest with the municipal council.

The mayor will have the final vote on whether to close a local accommodation after receiving the assembly's decision. Additionally, the municipality will have a 60-day period to seek a resolution between the parties involved, determining the actions to take or acknowledging the impossibility of reaching a consensus.

Changes to Licensing and Management

Notably, the non-transferability and expiration of licenses after five years will be abolished. Furthermore, operational rules for local accommodations in high-pressure areas will now be established by municipalities through administrative regulations. If there are over a thousand establishments, the municipality may opt out of this responsibility, losing the right to charge a municipal tourist tax for these accommodations.

The decree also proposes the creation of a 'local accommodation mediator' to assist municipalities in managing conflicts between residents, condominium owners, and accommodation operators.