The scenario is usual on Portuguese beaches: awnings aligned along the sand, marked by plates and arrows that indicate concession areas, often accompanied by splashes or small bathing supports. But when the space begins to scarce, the question is installed: Is it allowed to put a sunshine in front of a concession zone?
Although national legislation does not contain a direct prohibition, this practice is far from consensual, which may give rise to warnings by dealers or, in some cases, the intervention of the maritime authorities.
Hats ahead of the awnings: what it says (and what it does not say) the law
According to the polygraph, there is no legal norm in Portugal that expressly prevent bathers from installing sunshine in front of the concession areas. Still, the absence of a general prohibition does not mean that the practice is free of restrictions.
According to the same source, concessioned areas constitute spaces of the public water domain whose use was licensed to private operators. These dealers are authorized to provide services, such as the rental of awnings, sun loungers or the sale of drinks and meals.
Locally defined rules
It adds the publication that, although there is no uniform legislative impediment, it is possible for local authorities or concessionaires themselves to establish specific rules for the use of the Areal. These restrictions are intended to ensure the access and visibility of concessioned services.
It refers to the same source that local regulations may, for example, prohibit the installation of sunshine in front of the awnings to avoid obstruction of paid zones. In such cases, bathers can be invited to move outside the area in question.
Sanctions in case of obedience
According to the polygraph, non -compliance with instructions given by concessionaires or authorities may lead to the intervention of the Maritime Police. If there is refusal to vacate the concession zone, a sanction may be applied or even a fine. Explains the site that these measures seek to safeguard the regular operation of concessions and avoid conflicts between swimmers and beach operators.
Licenses and limits of concessions
Contacted by, Sofia Lima, Jurist of Deco Proteste, clarifies that the occupation of the sand for bathing supports depends on a license issued by the City Council. This license determines the percentage of the useful sand that can be occupied by each dealer.
According to the same source, within this licensed area, the operator has legitimacy to offer various services, including awnings, sun loungers or restoration. Outside this area, the free occupation of the sand by bathers is still allowed, unless otherwise disposed.
What to do in case of doubt
It underlines the jurist that bathers should consult the so -called “beach notice” when they have doubts about the limits of the concession zones or the activities allowed in a given beach. This document contains information on the concessionaire, the bathing support zone and any interdictions in force.
It writes the same source that the announcement must be posted in a place visible to the entrance of the beach, allowing users to know the rights and duties associated with the use of that bathing space.
Dealer’s Rights and Obligations
In addition to enjoying certain rights over the licensed space, dealers also have obligations. These include responsibility for the cleaning, maintenance and sanitization of the concessioned area, as stipulated in the legislation in force. The balance between rights and duties is essential for the ordered functioning of concessioned bathing zones, especially during the most influx months.
Living in Areal requires information
Despite the absence of a clear and uniform ban, the use of sunshine in front of concessioned zones may be limited by local regulations or by the dealers’ own performance. The information available on site and respect for the guidelines given is therefore fundamental to avoid conflict situations.
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