New laws make it harder for owners to remove AL

New laws make it harder for owners to remove AL

The government announced changes to local accommodation regulations at its last Cabinet meeting, making it more difficult for property owners who want to terminate or prevent such transactions in the buildings in which they live to do so.

The measure adopted by the government of Luís Montenegro represents a reversal of the position of the socialist government.

On its official website, the Government announced after the Council of Ministers meeting that it had “approved the draft Decree-Law amending the legal framework for the operation of local tourist accommodation establishments, after consulting the competent 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 removes certain burdensome and disproportionate restrictions on private initiatives in the sector and places emphasis on decentralising the powers to regulate local accommodation activities to the municipalities, which are responsible for adapting municipal regulations to local circumstances,” it says.

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 owners’ meeting with a majority representing two-thirds of the building share, and will have future effects and will only apply to applications for registration of local accommodation submitted after the consultation”.

It also states that in order to pursue a ban request, proof must be provided that “the basis for this is repeated and proven actions that disrupt the normal use of the building, as well as actions that cause inconvenience and affect the other property owners”. A decision from the mayor must be obtained for this.

In the event of annulment, “the immediate cessation of the operation of the establishment, without prejudice to the right to prior hearing”, shall be ordered for a maximum of five years.

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