Can your condominium shut down your AL? What the law (and courts) say in 2026
When does a condominium have the legal power to block your alojamento local — and where does that power end? A practical guide for 2026.
The question comes up constantly: "Can my condominium force me to close my AL?" The short answer is: it depends. The useful answer requires understanding what has changed in Portuguese law over the past few years — and what the courts have been saying about it.
This article is not a substitute for legal advice — but it gives you the map so you know where you stand.
The starting point: AL in a building under horizontal property regime
When you run an alojamento local in an apartment within a condominium, you are operating in a shared space alongside other owners. That creates tension between two legitimate rights: your right to use and enjoy your property, and your neighbours' right to a peaceful environment and well-maintained common areas.
For years, the law was relatively permissive towards hosts. The condominium could complain, but the legal tools to effectively block an AL were limited.
That changed — at least in part.
What recent legislation changed
Legislative changes approved in Portugal over the past few years strengthened condominiums' powers in relation to alojamento local. The current framework allows the owners' assembly to oppose the operation of AL in units within the building, provided certain qualified majority requirements are met.
In broad terms, the legal framework works like this:
- New AL registrations: in buildings where the condominium has voted against AL, a new registration application can be blocked if the municipality recognises that opposition.
- Existing AL (registrations predating the changes): the law included a transitional regime. Hosts who already held a valid registration before the changes came into force benefit from a protection period — they cannot be shut down overnight.
- Majority requirement: the opposition cannot be decided by one disgruntled neighbour. It requires a formal resolution passed at an owners' assembly, with a qualified majority of the votes representing the building.
Important note: the exact majority thresholds, transitional deadlines, and municipal procedures vary depending on the final wording of the applicable legislation and local municipal rules. Before you act — or before you give in to pressure from the condominium — speak to a lawyer or your local câmara municipal.
What the condominium cannot do
Having stronger powers does not mean having unlimited powers. There are lines the law does not allow to be crossed.
1. Prohibition through internal rules without a legal basis
A condominium's internal regulations cannot, on their own, prohibit AL if there is no valid assembly resolution and no legal framework supporting it. Older regulation clauses that attempted to ban short-term rentals have been successfully challenged.
2. Retroactive effect without a transitional period
The law recognised that eliminating existing registrations immediately would be disproportionate. The transitional regime exists precisely to protect those who invested in good faith with a valid registration.
3. Informal pressure as a substitute for a formal resolution
Intimidating letters, verbal threats, or pressure from a single owner carry no legal weight. Only a resolution passed at a properly convened assembly and recorded in the minutes can trigger the legal process.
What the courts say
Portuguese case law on AL in condominiums is still consolidating. Some patterns that have emerged:
- Courts tend to require concrete evidence of disturbance — noise, damage to common areas, guest behaviour — when an owner seeks judicial suspension of an AL. The mere existence of the AL is not, in itself, sufficient grounds.
- More recent decisions have recognised the validity of assembly resolutions that followed the legal requirements, confirming that the mechanism exists and works.
- In cases where the host demonstrated compliance with legal obligations — valid registration, insurance, complaints book, and so on — courts have been more protective of the activity.
We are not citing specific case references here because case law in this area moves quickly and any outdated reference would do more harm than good. Your lawyer can access up-to-date databases.
How to protect yourself in practice
Regardless of what your condominium decides to do, a set of good practices will strengthen your position considerably.
Keep your registration in order An AL with a valid, up-to-date registration and no outstanding irregularities is in a far stronger legal position than one with pending issues.
Document everything If you receive communications from the condominium, keep them. If there is an assembly where AL is discussed, request the minutes. If a resolution is passed, check whether it met the legal requirements.
Know your condominium's regulations Some more recent regulations already include clauses on AL. Knowing what is written — and whether it is legally valid — is the first step.
Do not ignore meeting notices If there is an assembly where AL is going to be voted on, your presence — or representation by proxy — can make a real difference to the outcome.
Talk to a lawyer before you receive a formal notice Do not wait for the condominium's letter to understand your rights. A preventive consultation is far cheaper than a reactive one.
In summary
| Situation | What to expect |
|---|---|
| AL registered before the legislative changes | Transitional protection — you cannot be shut down immediately |
| New registration in a building with a resolution against AL | Registration process may be blocked |
| Informal pressure from neighbours without a formal resolution | No direct legal effect |
| Assembly resolution passed without the required qualified majority | Potentially invalid — open to challenge |
| AL with registration irregularities | Legally more vulnerable position |
Condominiums have more power today than they did five years ago. But that power has a specific form, a process, and clear limits. Knowing those limits is the best protection you have.