Bathers can place umbrellas in the areas in front of beach concessions, as long as the limits defined for concession occupation are respected, which “cannot exceed 30% of the useful area of the beach, nor 50% of the beach front”, explained the Portuguese Environment Agency (APA), in a technical note released today.
In the document, the APA recalls that “In Portugal, beaches are spaces for public use and free access”, as part of a clarification on the occupation of non-concessional areas on bathing beaches.
The entity explains that the occupation of maritime public domain areas by concessionaires is permitted whenever there is a valid license, highlighting, however, that these areas are subject to the limits, conditions and obligations defined in the respective titles, taking into account the morphological characteristics of each beach, territorial management instruments and the determinations of the competent authorities.
In the technical clarification on the occupation of areas of public maritime domain on bathing beaches, the APA states that the Coastal Planning Plans and the Maritime Beach Management Regulations in force set limits for the occupation of beaches by bathing facilities, “ensuring a balance between private use and public use”, and these occupations “cannot exceed 30% of the useful area of the beach, nor 50% of the beach front”.
Concessioned areas must be properly identified
The definition of the areas allocated to private uses of the public maritime domain considers, among others, “the morphological conditions of the beach, taking into account the opinion of the APA and considering the recommendations of the National Maritime Authority”, he highlights, explaining that the private occupation of the water domain depends on a valid title and only produces effects within the limits defined therein.
“The titled areas are subject to the respective private use regime. The non-titled areas remain allocated to public bathing use, without prejudice to regulatory limitations and bathing safety rules. The signage to be used must identify the different areas”, he adds.
As part of the clarification, which aims to “contribute to a better understanding of the applicable legal framework”, the APA says that it is up to the concessionaires to use the licensed areas and “the limits of these areas must be properly identified on site, clearly and visible to users, through appropriate signage”.
APA highlights the role of concessionaires in supporting bathers
The APA also highlights “the important role of concessionaires in providing beach support provided for in their respective licenses, through the provision and maintenance of equipment and support services for users”, namely beach support, sanitary facilities, changing rooms and bathing surveillance provided by lifeguards.
Also according to this public entity responsible for implementing environmental policies, the public enjoyment of the beaches is ensured by the various competent entities, namely the APA, municipalities and the National Maritime Authority, “ensuring the balance between the concessioned activity, bathing safety and the right of access and use of the public maritime domain by all citizens”.
The APA highlights that the National Association of Portuguese Municipalities (ANMP) was consulted on this technical clarification and considered that it is “a balanced document, which reflects the current legal framework and the realities of different beaches and respective concessions”, and the National Maritime Authority (AMN) also spoke “favorably”.
President of the APA classified restriction as “abuse”
Last week, the president of said that the requirement not to place parasols in front of beach concessions is an “abuse”, guaranteeing that a clarification note would be released this week.
“The only area that is encumbered and that is concessioned is the one that is delimited by that rectangle and nothing else, let’s be clear, everything else is free to use”, stated José Pimenta Machado during a visit by the Minister of the Environment to Praia do Garrão, in Loulé, in the district of Faro.
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