Public and private law instruments to protect neighbours on accommodation by Afonso Café

ISSN 2184-8793 ISSNe 2975-9056 the characteristics required for using the building for local accommodation purposes, in a perspective of protection of the parties in relation and security of the legal transaction. The adopted position in relation to the nature of the use of the property or fraction which is the object of the local accommodation activity and the consequent authorisation required for such use is essential for the definition of the legal position and forms of protection of those who, mainly in properties with plural owners, the households coexist with the exploitation of local accommodation. 4. Resolution of neighbourhood issues a) Register termination by decision of the Mayor The Portuguese legislator introduced, in the 2018 revision of the RJAL, a provision to ease the reaction of owners of households in buildings coexisting with units of local accommodation, in case of abuses or misuse in the operation, that jeopardises the coexistence in the property. Article 9.2 of the RJAL reads that, wherever the activity of local accommodation is in course in a fraction or part of an urban building susceptible of independent use, the assembly of owners, by decision of more than half of all votes, may oppose to the practice of local accommodation in that fraction, the Mayor to be informed of the decision to enforce it. This decision must necessarily be motivated by the repeated and proven practice of acts that disturb the normal use of the property, as well as acts that cause nuisance and affect the rest of the occupants of the condominium. Although the legal provision covers fractions of condominium buildings and the parts of urban buildings susceptible of independent use, the power to oppose the exercise of the local accommodation activity corresponds solely to the assembly of condominium, a body which only exists in horizontal property. The frequent situation of apartment buildings belonging to a single owner, but not set up in horizontal property, although within the scope of the rule, falls outside the statute. The legal grounds for the decision of the owners' meeting are vague and indeterminate concepts, such as "acts that disturb the normal use of the building", or "acts that cause nuisance and affect the rest of the

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