Local Lodging is no longer allowed in residential buildings
A decision by the Supreme Court of Justice limiting the activity of local lodging in residential buildings was published in Diário da República. The decision, which establishes jurisprudence that may be used in future court decisions, determines that "under the horizontal property regime, the indication in the constitutive title that a certain fraction is intended for dwelling purposes should be interpreted as meaning that local lodging is not permitted therein".
The divergences of legal understanding on the possibility of coexistence, in the same building, of permanent and temporary housing (for tourism purposes) have ended, resulting in the prohibition of local lodgings in buildings intended for permanent housing.
This understanding arises after different judicial decisions, especially in two judgments by the Court of Appeal of Porto and Lisbon: the first to accept the arguments of those who feel harmed by the access of strangers to garages and buildings, noise after hours or dirt and wear of common parts; and the other to validate the perspective of those who consider they have the right to allocate the fractions they own to a purpose other than permanent housing.
According to the aforementioned Supreme Court, the allocation of a fraction for Local Lodging (AL) cannot include in the constitutive title of the Horizontal Property the allocation for housing.
In view of this change we will certainly see an increase in the number of lawsuits. Owners who are exploiting their dwellings for local lodging may be ordered by the court to cease their exploitation.
This is because this is not an administrative decision, which means that the competent municipality cannot prevent or prohibit the registration of Local Lodging on the basis of the uniformity of jurisprudence of the Supreme Court of Justice.
It is always necessary for any condominium owner to file a lawsuit for that to happen, and for the due purposes, when this happens, it is sufficient to demonstrate that the fraction covered by the LA is for dwelling purposes.
