keys and news of the new housing law approved by the government today – CVBJ

Housing The government estimates that the Housing Act will affect some 150,000 housing units owned by large owners. Taxes The Treasury launches its “investigation”: it modifies the reference value of properties

The first Spanish housing law 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 reject it as “Insufficient”, “ineffective” and not very ambitious “Solve the dramatic housing emergency” in Spain.

The draft bill will see the light of day eight months after the agreement between the two government partners, the PSOE and United We Can, but the delay has not allowed them to gain the support of other parties and social organizations. On the contrary, widespread rejection suggests a arduous parliamentary treatment it is very doubtful, even, that it will lead to the approval of the standard.

One of the harshest criticisms of the state housing bill comes from Tenants Union and the rest of the social organizations – more than 120 – that make up the platform Housing Law Initiative. “We can only express our deep indignation at its very short scope and its obvious lack of ambition to resolve the dramatic housing emergency we are experiencing in the Spanish state,” they said yesterday in a statement.

Among other things, they consider that the proposed measures are “very insufficient” because they leave their effectiveness in the hands of the political will of the LACC, and they ensure that “the flagship measure of the Government” (with reference to the regulation of rents) “star born” because “it leaves aside the majority of tenants by leaving its application to the discretion of the autonomous governments instead of setting objective conditions”.

stressed areas

In this sense, the text of the preliminary draft to which you had access THE WORLD collects that “the competent housing authorities may declare, in accordance with their regulatory provisions, stressed residential market areas “ and advances certain keys of said stressed areas. For example, the declaration of a stressed area will be limited to a period of three years, extendable annually “as long as the circumstances which motivated this declaration remain”.

The Autonomous Communities and the town halls must justify in a report the reasons for making a declaration of this type and for this they can use, among other things, the residential use value maps that the General Directorate of Cadastre will consult. prepare for changes in real estate benchmarks.

Among the conditions that the future law will orient as a market area in tension, it is established that the cost of the mortgage or the rent (plus the costs of supply) exceed 30% of the median household income in the area. It will also be weighted whether the purchase or rental price has seen an increase of at least the top 5% growth percentage in the CPI in each region over the past five years.

Large forks

Another controversial point of the future law concerns the figure of the large forks, which for the first time are officially defined as “the natural or legal person who is owner of more than 10 urban properties for residential use or a constructed area of ​​more than 1,500 square meters for residential use, excluding garages and storage rooms ”.

However, this definition is somewhat fuzzy since it is subject to the characteristics of an area declared to be stressed. “In the memorandum that accompanies the draft declaration of a residential market zone in tension, the criteria for consideration of a large owner will be defined according to his potential influence, due to the volume of properties for residential use held on the Marlet. for the rental of the said zone which, on the basis of the definition of a large owner included in the law, can integrate additional criteria according to the reality and the characteristics of each zone ”.

Large landowners feel that the government is targeting them because the most controversial measures, such as rent limits, directly point to them as the source of the price pressure that is occurring in the market. Large investment funds and representative associations the biggest holders have denounced in recent months the “interventionism” of the executive and warned that far from solving the problem, they worsened it.

“These regulations threaten the freedom of doing business within the market, in addition to being detrimental to both private and professional investments by reducing legal certainty. In short, we can say with relative security that this situation could scare away potential investors, in addition to jeopardizing the sustainability of those that exist, ”he assures us. Carlos Grande, firm partner Absence.

price index

In the absence of benchmarks for rental prices, the standard proposes the creation of a public register of rental contracts “It should be linked to the current stand-alone CCAA bond registers in order to increase the information available for the development of the rental price benchmark system.

Affordable incentive housing

Another of the most striking novelties of the preliminary draft concerns the definition of a new concept, “Affordable housing incentive”, something that already exists in practice but which for the first time is being erected into a legal concept. “Is considered as such a private accommodation, including entities of the third sector, to the owner of which the competent Administration grants advantages of an urban, fiscal or any other nature, in return for their assignment to the habitual residence for rental purposes. or rental. any other form of temporary occupation, for people whose income level does not allow them to access housing at market price ”.

Bonus

On the other hand, the so-called small owners can benefit from the tax incentives applicable in the Tax on the Property. Personal Income (IRPF) up to 90% if they lower the price of their rental accommodation. This maximum bonus will be activated if the owner decides to lower the rent of his tenant by 5% compared to the previous contract.

The following scale offers a 70% discount if you are renting accommodation for the first time in the stressful area benchmarks and renting it to a person between 18 and 35 years old. Another option to get this bonus is to use the house for social rent at a lower price than public programs for people in vulnerability.

Ultimately, 60% is governed for cases of price freezes but which have undertaken rehabilitation work and 50% for the rest of the cases.

Social housing fund

In terms of public-private collaboration, the creation of a social housing fund intended to strengthen the public park. The law, in its explanatory memorandum, refers to the fact that the stock of 290,000 social housing units barely amounts to 1.6% of the country’s 18.6 million housing units, while in France, Germany and the United Kingdom United or in Denmark it reaches fifteen%.

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

However, exceptionally, a lower reserve may be authorized or exempted for certain municipalities or actions, provided that the management instrument guarantees full respect for the reserve within its territorial scope and a distribution of its location that respects the principle of social cohesion. .

Cow housing tax

In order to increase the supply of housing in areas in difficulty, the law empowers the municipalities to deploy a IBI supplement for vacant accommodation which can reach up to 150%.

The minimum increase for unoccupied apartments will be 50% when, without valid reason, the accommodation has been vacant for more than two years and belongs to an owner who owns four or more buildings for residential use; 100% when it is three years (which can be adjusted according to the duration of unemployment). Finally, it is possible to increase it by an additional 50% in the case of properties whose owners have two or more floors in the same municipal territory.

Protection against evictions has also been put in place for people in vulnerable situations, through the amendment of the Code of Civil Procedure.

According to the criteria of

The Trust ProjectRead moreSee links of interest Getafe – Celta de Vigo Girona – Real Zaragoza

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