Keys and news on the new housing law approved by the government today – CVBJ

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Housing The government estimates that the Housing Act will affect around 150,000 homes by large owners. Taxes The Ministry of Finance starts its “survey”: It changes the reference value of real estate

The first Spanish housing law is born this Tuesday, surrounded by controversy and with the position against all parts of the market, owners and tenants. The former are of the opinion that it “jeopardizes” investments in our country, and the latter reject it as “Insufficient”, “inefficient” and not very ambitious “To solve the dramatic housing shortage” in Spain.

The bill will come to light eight months after the agreement between the two government partners PSOE and United We Can, but the delay has not served them to win the support of other parties and social organizations. On the contrary, the generalized rejection suggests a laborious parliamentary processing many people even doubt that it will end in the approval of the standard.

One of the sharpest criticisms of the draft of the state housing law comes from Tenants’ Association 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 range and its apparent lack of ambition to resolve the dramatic housing shortage we are suffering from in the Spanish state,” a statement said yesterday.

They are of the opinion, among other things, that the proposed measures are “very inadequate” because they leave their effectiveness to the political will of the CCAA and assure that “the main measure of the government” (regarding the regulation of rents) “Born clear of stars” Because “it leaves out the majority of tenants, leaving their application at the discretion of the autonomous governments instead of setting objective conditions”.

stressed areas

With that in mind, the text of the preliminary draft to which you had access THE WORLD states that “the administrations responsible for housing issues can declare in accordance with their regulatory provisions, stressed housing market areas “ and move some keys of the claimed areas. For example, the specification of the contaminated area is based on a period of 3 years, renewable annually, “provided that the circumstances that motivated such a declaration exist”.

The Autonomous Communities and City Councils must justify the reasons for making such a declaration in a report and can, among other things, use the residential value cards submitted by the General Directorate of the Land Registry to prepare for changes in the reference values ​​of real estate.

Under the conditions that the future law will direct as a stressed market area, it will be stipulated that the cost of the mortgage or rent (plus deployment costs) Exceed 30% of the median household income in the region. It is also weighted that the purchase or rental price has increased by at least the top 5% of CPI growth in each region over the past five years.

Big forks

Another controversial point of the future law concerns the number of large forksofficially recognized for the first time as a “natural or legal person who Owner of more than 10 urban properties for residential purposes or a built-up area of ​​more than 1,500 square meters for residential purposes, excluding garages and storage rooms ”.

Nevertheless, this definition is a bit vague because it is subject to the characteristics of a zone that is declared as stressed. “The memorandum accompanying the proposed stressed housing market declaration defines the criteria for consideration of a large homeowner based on their potential impact on the volume of residential properties on the market. for the renting of this area, which, on the basis of the definition of a large landowner contained in the law, may contain additional criteria according to the reality and the characteristics of the individual areas ”.

Big landowners feel that the government is targeting them because the most controversial measures like rent caps directly suggest that they are causing the price tensions that are emerging in the market. Large investment funds and representative associations of the largest owners have been denouncing the executive’s “interventionism” in recent months, warning that they are not solving the problem, but making it worse.

“These regulations threaten entrepreneurial freedom in the market and not only affect private and professional investments, as they reduce legal certainty. In summary, it can be said with relative certainty that this situation could discourage potential investors and jeopardize the sustainability of existing ones, ”he assures Carlos Grande, permanent partner Absences.

Price index

In the absence of benchmark indices for leasing prices, the standard suggests the creation of a public recording of rental agreements “It needs to be linked to the current autonomous bond registers of the CCAA in order to increase the information available for the development of the system of reference indexes for rental prices.”

Affordable housing with incentives

Another of the most striking innovations in the preliminary draft concerns the definition of a new concept, “Incentives for affordable housing”, something that already exists in practice, but is being elevated to a legal concept for the first time. “Such is a privately owned dwelling, including third sector corporations, the owners of which the competent administration grants urban, tax or other advantages in return for being assigned to their habitual residence on a rental or lease basis. any other form of temporary employment of people whose income level does not allow them access to a house at the market price ”.

Bonuses

On the other hand, the so-called small owners can benefit from the tax incentives of the property tax. Personal Income (IRPF) up to 90% if they lower the price of their rental apartments. This maximum bonus is activated when the owner decides to reduce his tenant’s rent by 5% compared to the previous contract.

The following scale suggests a 70% discount if you rent an apartment in reference indices of polluted areas for the first time and do so to a person between 18 and 35 years of age. Another way to get this bonus is to use the house for social rents at a lower cost than public programs for people at risk.

In the end, 60% is excluded for the cases of frozen prices, which however have carried out renovation work, and 50% for the remaining cases.

Social Housing Fund

In terms of public-private cooperation, the Establishment of a social housing fund intended to strengthen the public park. In its justification, the law states that the stock of 290,000 social housing stock hardly reaches 1.6% of the country’s 18.6 million housing, while it reaches 15% in France, Germany, Great Britain or Denmark.

In order to increase it precisely, a reserve of 30% of the dwellings of the new subsidies for protected dwellings is set, for which the administrations mediate compensation mechanisms to the named developers.

Exceptionally, however, a lower reservation may be permitted or exempted for certain municipalities or measures, as long as the administrative instrument ensures full compliance with the reservation within its territorial scope and a distribution of its location while respecting the principle of social cohesion. .

Cow home tax

In order to increase the supply of housing in crisis areas, the law authorizes the municipalities to IBI surcharge for vacant apartments which can reach up to 150%.

The minimum increase for unoccupied apartments is 50% if the apartment has been vacant for more than two years without a valid reason and belongs to an owner who owns four or more apartments for residential use; 100% for three years (can be modulated depending on the length of unemployment). Finally, for properties whose owners have two or more floors in the same municipality, there is the possibility of increasing it by a further 50%.

The amendment to the Civil Procedure Act also creates protection against evictions for people in vulnerable situations.

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