Important changes in AL – Local accommodation in Portugal, after the decision taken by the Supreme Court of Justice.
The decision only affects local accommodation establishments in autonomous fractions, apartment, intended for housing in horizontal property, which affects almost 65% of local accommodation in Portugal. Owners who do not agree with the activity of AL in the building, are obliged to file a lawsuit in court to stop the activity of operating local accommodation. This procedure has high costs and very long deadlines for resolution. “” The practical effect of this judgment is unclear and will surely be much discussed. It is important to start from the principle that «this judgment is not law». The judgment “does not introduce changes to previous decisions, nor does it allow the reopening of cases settled in the past. The only impact is on pending court cases or future proceedings.” But even in these cases “this decision is not binding”, which means that “the judges remain free to assess and decide” this matter. However, “this judgment has an important persuasive effect, as it is a qualified decision, taken by the full civil sections of the Supreme Court of Justice, but it is not binding”