Up to now have been referenced in Portugal two cases brought to the courts for reasons of ‘complaints’ of condos on the accommodation location in the fractions of the respective buildings. In the Harbor, the condominium of a building on the corner of Rua Fernandes Tomás and Rua da Alegria moved an injunction to prevent one of the fractions to be rented to tourists. The Court of appeal of Porto considered that, on the 19th of September, that "if in the title of constitution of horizontal property only if it establishes that a certain fraction intended to housing, there is, in principle, an impediment to its owner to affect the local lodging to the tourists." In Lisbon, a month later, the Re lationship has decided to the contrary.
After all, what do we get? "Are the two decisions diametrically opposed, but it is necessary to take into account that this is a new reality, for which there is no case law consistent, and the courts themselves, or the lawyers do not yet understand very well," says Eduardo Miranda, president of the Association of Local Lodging in Portugal (ALEPPO), whereas in the case of Lisbon, the situation is being blistered by "interests, corporatist small hotel groups". "And we can’t be naïve," he adds.
"there are No coincidences, we can’t be naïve"
"This decision of the Court of Lisbon is not new, it has a month and a half, and we already had knowledge of it. Waited-surgically to be reported now, by a coincidence so huge, and I don’t believe in coincidences," emphasizes the president of ALEPPO, noting that the decision still nãaé final. And it also recalls that the judgment of the Court of appeal of Lisbon, which was released this Wednesday date 20 October, and "is not a glove" in the proposals of the Association of Hoteliers of Portugal (AHP) announced last week to introduce "tweaks" in the legislation of the sector, adjustments to these that the Government has already committed to do at the beginning of next year.
"the Whole strategy is mounted on top of the commitments of the condos, for knowing that the starting means to block the accommodation location," notes Eduardo Miranda. "It is well known that, by tradition, the environment of the condominiums is quite conservative, in the sense of to hang or become far more time-consuming processes as simple as, for example, works on the roof".
Authorisation of the condos will kill 70% of the offering"
Force, under the form of law, the condominiums to allow the accommodation of the tourists in fractions of its buildings means, according to Eduardo Miranda, "kill at least 70% of existing supply, where many families have seen an alternative of self-employment".
the Second in ALEPPO, the most "dangerous" of the proposals of the AHP to the next legal framework on the local housing is "putting into question what already exists, that you have invested in good faith and in accordance with the law, to require the change of use as housing, which would necessitate the authorization of a majority of the condominium". "That is not to speak of the first point of the proposal, in the sense of requiring the unanimous approval of the condominium for the new drives, which means ending the growth of local accommodation, with all of this climate of conflict that mediaticamente was created".
"And all this has a lot to do with the local accommodation in private apartments," noted the head of the ALEPPO. "What is it that gets left out? The entire blocks of apartments to rent, which obviously does not need the authorization of the condominium, and only represent 6% of the total offering. Are a reserve market that interests especially to the hoteliers".
Insisting on the need of the authorization of the condos for local housing in private homes represents, according to Eduardo Miranda, "a setback and an impoverishment of the tourism" in the face of the evolution of the objectives of the economy of sharing and the tendency of tourists to want to have "experiences homemade and authentic getting on with the locals."
Government is working on the amendment of the law
The Secretary of State for Tourism said to be "working on the amendment of the law, scheduled for 2017, in liaison with the various associations, in order to clarify some of the standards that currently raise questions of interpretation, qualifying the offer and ensure requirements of safety and hygiene", but not if you wanted to give the moment about the question of the authorization of the condos.
Airbnb, the largest platform in the world of booking into local accommodation, advances have more than 53 thousand properties in Portugal, 13 thousand of which are in Lisbon. Also claims that a year ago was 31 thousand properties, 12 thousand of which are in Lisbon, which means that it grew by 9% in Lisbon and more than 70% in the rest of the country.
The 53 thousand homes listed on Airbnb are far more than 34.800 officially registered in the Tourism of Portugal in November. In this fight against the units illegal, ALEPPO claims to be at the side of the hotel. "We respect the hoteliers in combating illegal, and we argue that there is here a healthy competition," noted the president of the association of local accommodation. "What we cannot admit is that if you want to kill the market for interests in corporatist."
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