ISSN 2184-8793 ISSNe 2975-9056 Conclusions: 1. Tourism, despite representing a strong economic and social development driver for countries and regions, has some externalities that national legislations have tried to control, through the creation of compensation and balance mechanisms to protect the various rights at stake. 2. One of the important consequences of the great development of tourism that has been seen are those related to the places that share public and private spaces with tourists, particularly serious in cases of local accommodation, due to the greater proximity and sharing of spaces between tourists and residents and in neighbourhood relations in properties constituted in horizontal property. 3. The Portuguese legislation that regulates the installation and exploration of local accommodation establishments provides some rules that protect the neighbours of properties and fractions subject to local accommodation, namely through the establishment and communication of compulsory rules of conduct to be followed by guests, that protect the neighbours and the liability of the owner of the local accommodation for all damages caused by guests or third parties and arising from the exploration of the fraction. 4. The RJAL also provides a specific mechanism through which the condominium owners can react against acts that disturb the normal use of the property, requesting, by resolution of the condominium assembly to the Mayor, the termination of the establishment's registration. 5. Such mechanism is, in our view, criticisable for several reasons. Namely, because it institutes a form of solution of neighbourhood conflicts by administrative act, which raises questions of constitutionality, since materially jurisdictional acts are practiced by the municipality Mayor. 6. We are also perplexed by the sentence issued by the Supreme Court of Justice on 22.03.2022, which unifies jurisprudence in the sense that "as the autonomous fraction, according to the constitutive title, is destined to habitation, it cannot be given another destination (furnished accommodation for tourists) being irrelevant for that purpose the licensing of the place for the aforementioned commercial activity by those entities (Municipal bodies)". 7. The basis for this decision has to do with the fact that local accommodation is considered a commercial activity and should not be confused with residential use, for which reason it should only be allowed to operate in those fractions in which the constitutive title states this use.
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