Owners and tenants, against: keys and news of the new Housing Law approved by the Government today

• Housing The Government estimates that the Housing Law will affect some 150,000 homes owned by large owners

• Taxes Hacienda launches its 'catastrazo': changes the reference value of properties

The first Housing Law in Spain will be born this Tuesday surrounded by controversy and with the position against all parts of the market, owners and tenants. The former consider that it "endangers" investments in our country and the latter call it

"to solve the dramatic housing emergency situation" that is being experienced in Spain.

The draft bill will see the light eight months after the agreement between the two government partners, PSOE and United We Can, but the delay has not served them to gain the support of other parties and social organizations. On the contrary, the generalized rejection suggests an

that makes many doubt, even, that it will end in the approval of the norm.

One of the harshest criticisms of the draft of the State Housing Law comes from

and the other social organizations -more than 120- that make up the

platform

. "We can only express our deep indignation at its very short scope and its evident lack of ambition to solve the dramatic housing emergency situation that we are suffering in the Spanish state," they said yesterday in a statement.

Among other things, they consider that the proposed measures

because they leave their effectiveness in the hands of the political will of the CCAA, and they assure that "the Government's star measure" (in reference to the regulation of rents)

because" it leaves out the majority of tenants by leaving its application at the discretion of the regional governments instead of setting objective conditions. "

Stressed areas

In this sense, the text of the preliminary draft to which

has had access

states that "the competent administrations in housing matters may declare, in accordance with their regulatory regulations,

and advances some keys of said stressed areas. For example, the declaration of stressed area will be limited to a period of

, extendable annually "as long as the circumstances that led to such declaration subsist."

The Autonomous Communities and town councils must justify in a report the reasons for carrying out a declaration of this type and for this they may resort, among other things, to the maps of residential use values ​​that the General Directorate of the Land Registry will prepare for changes in the reference values ​​of real estate.

Among the conditions that the future law will guide as a stressed market area, it is established that the cost of the mortgage or rent (plus utility costs)

.

It will also be weighted that the purchase or rental price has experienced an increase in the last five years of at least the top 5% growth percentage of the CPI of each autonomy.

Big forks

Another controversial point of the future law has to do with the figure of the

, who for the first time are officially defined as the "natural or legal person who

for residential use or a built area of more than 1,500 square meters of residential use, excluding garages and storage rooms ".

However,

since it will be subject to the characteristics of an area that is declared stressed. "In the report that accompanies the proposed declaration of a stressed residential market area, the criteria for the consideration of a large homeowner will be defined based on its potential influence, due to the volume of properties for residential use owned in the market. for the rental of said area which, based on the definition of a large holder set out in the law, may incorporate additional criteria according to the reality and characteristics of each area ".

Large landlords feel they are in the government's objective because the most controversial measures, such as the limitation of rents, directly point to them as causing the price tension that occurs in the market.

the largest holders have denounced in recent months the "interventionism" of the Executive and have warned that far from solving the problem, they aggravate it.

"These regulations threaten the freedom of business within the market, in addition to being detrimental to both private and professional investment by reducing legal security. In short, it can be said with relative security that this situation could scare away potential investors, in addition to making jeopardizing the permanence of the existing ones ", assures

partner of the

law

Price index

Given the lack of reference indices of rental prices, the rule proposes the creation of a

"that will be linked to the current autonomous registers of bonds of the CCAA with the aim of increasing the information available for development. of the rental price benchmark system ".

Affordable incentivized housing

Another of the most striking novelties of the draft has to do with the definition of a new concept,

, something that already existed in practice but for the first time is raised to a legal concept.

"It will be considered as such that privately owned home, including third sector entities, to whose owner the competent Administration grants urban, fiscal or any other type of benefits, in exchange for allocating them to habitual residence under the rental or rental regime. any other formula of temporary tenure, of people whose income level does not allow them to have access to a house at market price ".

Bonuses

On the other hand, the so-called small owners can benefit from tax incentives applicable in the Personal

of up to 90% if they lower the price of their rental homes.

This maximum bonus will be activated if the owner decides to lower his tenant's rent by 5% with respect to the previous contract.

The following scale proposes a 70% discount if you rent a home for the first time in reference indices of stressed areas and do so to a person between 18 and 35 years old.

Another option to get that bonus is to allocate the house to social rent at a lower price than public programs for people in vulnerability.

Finally,

for the cases of frozen prices but that have undertaken rehabilitation works and 50% for the rest of the cases.

Social housing fund

In terms of public-private collaboration, the

destined to strengthen the public park

is also noteworthy

.

The law, in its explanatory memorandum, refers to the fact that the 290,000 social housing stock barely reaches 1.6% of the 18.6 million homes in the country, while in France, Germany, the United Kingdom or Denmark they reach the fifteen%.

Precisely to increase it, a reserve of 30% of the homes of the new promotions to protected housing is set, for which compensation mechanisms will be arbitrated from the administrations to said developers.

However, exceptionally, a lower reservation may be allowed or exempted for certain municipalities or actions, provided "that the management instrument guarantees full compliance with the reservation within its territorial scope of application and a distribution of its location respectful of the principle of social cohesion ".

Empty home tax

In order to increase the supply of housing in stressed areas, the law empowers city councils to deploy an

that can reach up to 150%.

The minimum increase for unoccupied flats will be 50% when, without just cause, the home has been empty for more than two years and belongs to an owner who has four or more properties for residential use;

100% when they are three years (can be modulated according to the period of time of unemployment).

Finally, there is the option of raising it by an additional 50% in the case of properties whose owners have two or more floors in the same municipal area.

Protection against evictions is also established for people in vulnerable situations, through the modification of the Civil Procedure Law.

According to the criteria of The Trust Project

Know more

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