International Journal of Tourism, Travel and Hospitality Law One of the tasks that falls to the State is to guarantee the protection of the local population, living often in the same building, together with the exploration of these activities, having to endure changes in their lives and the inconveniences that come from sharing private spaces with short staying strangers, with habits and lifestyles radically different from the existing population, sometimes implying changes at the level of personal relationship, difficulties in verbal communication, disturbances in terms of noise, tranquillity or perception of security. The issues of protection of neighbourhood relations take on greater importance in local accommodation establishments operating in multi-family dwellings, where there are also issues arising from the proximity of contacts or the shared use of common spaces and facilities (stairs, lifts, entrance halls, parking spaces, etc.), requiring regulation of a private and/or administrative legal nature. In the commercialization of accommodation in tourist resorts, the protection of the neighbourhood is duly safeguarded, due to the existence of a coherent and professional exploitation which is the object of a specific licensing in order to obtain a special permit for touristic uses, as a specific precondition for such. In these cases, as the law expressly rules, the constitutive deed states that the premisses are fit for tourism purposes. The situation is different when we talk about local accommodation, bearing a "hybrid" legal permit of use for commercial and residential purposes, which implies some fluidity in the rules governing the activity, driving, questions and perplexities as to the solutions found. In this paper we propose an approach to the issue of neighbourhood protection in the activity of local accommodation. This has been one of the most challenging issues for legislators, legal doctrine, and jurisprudence in the various legal systems. Since we do not have the opportunity in this work to closely address the interesting discussions that have taken place in the various European States, namely in Spain, we will take as a case study the legal solutions recently adopted in Portugal and the disparity in jurisprudence, with special emphasis on the recent decision of the Supreme Court of Justice of 22.03.2022.
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