New rental decision hits Algarve hardest

The Algarve Hotel and Tourism Business Association (AHETA) has warned the region will be one of the ‘main affected’ by the court ruling which prevents local accommodation in permanent housing blocks.

Hélder Martins told Lusa that the Supreme Court of Justice (STJ) ruling will affect “old practice”, in an area that has more than a third of total local housing (AL) condominiums.

According to jurist Fernanda Paula Oliveira, the recent decision of the STJ on local housing involves a ban on installing this type of temporary housing in autonomous fractions intended for permanent housing in a building of horizontal property.

Público reported on Thursday that the Supreme Court of Justice (STJ) has normalized the case law on the possibility of coexisting, in the same building, permanent accommodation and temporary accommodation for tourist purposes, putting an end, according to the newspaper, “to the differences of legal understanding.

Algarve problem

“Although in the Algarve the disputes between owners and owners of local accommodation (AL) are less expressive than in Lisbon and Porto (…), the figures prove that we are the main ones concerned by this judgment. These measures do not are intended only for fractions in buildings subject to the horizontal property regime, that is to say, local housing in the form of an apartment”, specified the president of AHETA.

The same source pointed out that “of the 101,534 local dwellings registered in Portugal, 65,750 are in the form of apartments, of which 25,000 are in the district of Faro”, a number which represents “around 25% of the local dwellings in the country”. . and “38% of the total number of local dwellings in the form of apartments”.

The president of AHETA considered that the judgment “reveals a total lack of knowledge on the subject and calls into question the whole of the sector”, also clashing with the provisions of the General Regulations for Urban Constructions (RGEU).

AHETA reported that an “amendment to the law made in 2018 (Law 62/2018, of August 22)” already provides “mechanisms to resolve these cases of conflict between condominiums and local housing owners in a simple, rapid way and free”, stressing that the number of court cases is “residual” and is “less than 50 since 2018”.

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