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

ISSN 2184-8793 ISSNe 2975-9056 communication, addressed to the Mayor, who must order an inspection within 30 days to confirm compliance with the legal requirements. On 22 August 2018, under various political and social pressures and the lack of definition regarding the legal framework of local accommodation services, Lei no. 62/2018 was published, with the aim of introducing some restrictions, in the civil and/or administrative sphere, to the expansion of this activity, particularly in some critical areas of the cities and, with interest on our study, to protect the neighbours. This regulation has created an instrument to respond to the reactive movements of condominium owners, in the case of local accommodation exercised in autonomous fractions or in part of urban buildings susceptible of independent use, to enable the owners representing more than half of the ownership percentage of the building, the right to oppose the exercise of the local accommodation activity in determined fractions, "making their decision known to the Mayor". This amendment introduced by Lei 62/2018 have, in our view, technical weaknesses, to the point of bordering unconstitutionality. 2. Protection of neighbours Portuguese law dictates specific rules for the protection of neighbours, namely: a) Capacity limitation in flats, prohibiting the exploitation by the same owner or exploitation holder of more than nine flats, per building, if that number exceeds 75% of the fractions existing in the building (article 11.4). b) Maintenance of an information book on the operation of the establishment that, among others, provides a set of rules on noise and care to be taken to "avoid disturbances that cause nuisance and affect the peace and quietness of the neighbourhood" (Article 11.6). In the case of collective use buildings, this book should "contain the condominium practices and rules that are relevant to the accommodation for the use of common spaces" (Article 11.7). c) Option of the condominium to create a “special contribution” corresponding to the additional costs of using and maintenance of the common parts of the building, with a limit up to 30% of the value of the annual contributions. This rule refers to the assumptions of the division of the costs and fruition of the common parts of the building in horizontal property, established in Article 1424 of the Civil Code, which is based on the principle of

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