International Journal of Tourism, Travel and Hospitality Law 2023

Public and private law instruments to protect neighbours on accommodation Afonso Ribeiro Café1 I. Introduction; II. Local accommodation – Nature of the activity; III. The case of Portugal; 1. Sources of law; 2. Protection of neighbours; 3. Permit of use; 4. Resolution of neighbourhood issues; a) Register termination by decision of the Mayor; b) Limitation by the constitutive title of the horizontal property – Supreme Court of Justice of Portugal decision, dated 22.03.2022; IV. Conclusions. The growing of tourism in the world has given a new face to the territories; although important benefits arose from this industry, there are, nonetheless, externalities affecting the populations that need to be balanced and regulated by the States. The fluid regulation on private house renting and the substantial growth of this market, soared by online platforms, has brought regulation challenges on relations between neighbours on horizontal property estates. This work uses the Portuguese regulation as a case to analyse whether the legal solutions used to balance the accommodation services provided on these properties with the protection of neighbours’ interests are the most effective. Keywords: Private house renting, local accommodation, neighbours’ protection; horizontal property. DOI 1 Assistant Professor, Economics Faculty of the University of Algarve, Lawyer,