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The Government announced, in its last Council of Ministers, changes to the rules of Local Accommodation, making it more difficult for condominium owners who want to end or prevent this type of business from taking place in the buildings where they live.
The measure, approved by Luís Montenegro's government, reverses the position of the socialist government.
On its official website, and after the Council of Ministers, the government announced that it "approved the draft Decree-Law that changes the legal framework for the operation of local accommodation establishments for the consultation of the relevant bodies of the Autonomous Regions of Madeira and the Azores and the National Association of Portuguese Municipalities".
"As previously decided by the Council of Ministers, this amendment eliminates certain onerous and disproportionate restrictions on private initiative in the sector and focuses on decentralising the powers to regulate local accommodation activities to the municipalities, which are responsible for adapting municipal regulations to local circumstances", it reads.
According to a report by Público, this new law establishes that in order to prohibit the existence of an AL, it must be “approved by the condominium assembly by a majority representing two-thirds of the building's percentage and has future effects, applying only to requests for registration of local accommodation submitted after the deliberation”.
It also adds that in order to proceed with a request for a prohibition it will be necessary to prove, with “foundations in the repeated and proven practice of acts that disturb the normal use of the building, as well as acts that cause inconvenience and affect the rest of the condominium owners”, having to request a decision from the mayor.
In the event of cancellation, "the immediate cessation of the operation of the establishment is determined, without prejudice to the right to a prior hearing", for a maximum of five years.
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Definitely the correct move. I have been doing AL rentals for years. I limit the amount of occupants, so as to not have the party crowd. Generally, I get young couples and small families foreign renting from me. They are predominantly respectful and conscientious, understanding they too are rated. Unlike my year-round resident neighbors, bringing groups of friends and relatives over for a party. Parking in other residents parking spots. Not obeying any of the swimming pool rules, including using the pool after dark and leaving their towels on the sun loungers to occupy them, even when they aren't using the pool. These same people constantly claim at the annual meetings that the condominium's problems stem from the ALs, and AL's should be stopped. I'm glad the new government sees through the crap.
By Dave from Algarve on 17 Aug 2024, 08:44
Missing the point, excessive AL takes away opportunities for local families to access affordable housing. Not necessarily about nuisance factor, though I am sure that plays into it.
By Stuart Wood from Algarve on 19 Aug 2024, 11:03
That is not necessarily correct. I have a holiday home which I have owned for more than 20 years and it will never be rental apartment for locals but I can now not have the option to apply for an AL license. Makes no sense whatsover.
By Nicola from Algarve on 21 Aug 2024, 15:51
Local AL's have little to do with affordable housing.
Someone who has an AL bought the unit for investment.
They did not buy it to rent to a local worker.
I had rented my apt in the past and as the poster above I had very strict rules as to whom I would rent.
I also live next to a 3 bedroom unit that rents out to anyone.
Last year one rental was for 6 people, after check in another 6 showed up with suitcases.
It tokk two days to get GNR to come.
While some Al licensees are respectful and rent responsibly, I think the irresponsible ones far outnumber them.
By j from Algarve on 23 Aug 2024, 11:33
There's no responsibility on anyone's part to provide 'affordable housing' to people. We are all individually responsible for our housing options and choices. It is therefore ludicrous to suggest AL is taking away 'affordable housing' from the market. That's the politics of the lowest common denominator. This warped logic implies that if someone falls on hard times, no-one else should be allowed to prosper or flourish. Just as well our society doesn't function like this.
By Billy Bissett from Porto on 24 Aug 2024, 11:43