The Housing Law is the first state law regulating the right to housing since the approval of the Constitution. Considered in the housing sector as excessively interventionist , the Law proposes public action to demand compliance with the applicable regulations in this matter and defines the principle of equality and non-discrimination in the field of housing.
The norm determines that housing fulfills a social function given that it constitutes a good destined to satisfy the basic needs of accommodation of people and coexistence units, for which the public powers must ensure that the precise conditions are promoted to guarantee the constitutional right to enjoy of a decent and adequate home.
Surveillance of the duties associated with the property
Thus, it corresponds to the competent Administrations in housing matters to declare the breach of the duties associated with the ownership of the home, enabling them to adopt, ex officio or at the request of a party and after hearing, in any case, the obligor, as many measures as foreseen. territorial and urban planning legislation and housing legislation. Many of these measures are considered invasive and diffuse by professionals and experts in the affected sectors.
There will be no indirect discrimination if the action has a legitimate purpose that justifies it objectively and reasonably
The Draft Bill establishes that all people have the right to use and enjoy a decent and adequate home , complying with legal requirements, without suffering discrimination, harassment or violence of any kind.
The Administrations are endowed with powers to face direct or indirect discrimination of people in the right of access to housing, as well as against real estate harassment, understood as any action or omission with abuse of rights with the aim of disturbing any person in the peaceful use of your home and creating a hostile environment, whether materially, personally or socially.
Guide to the future Housing Law (I): New limitations and requirements for rent
Guide to the future Housing Law (I): New limitations and requirements for rent
The rule itself, however, clarifies that there will be no indirect discrimination if the action has a legitimate purpose that justifies it objectively and reasonably and the means used to achieve this purpose are “proportionate, adequate and necessary”.
Affordable conditions according to financial effort
The Draft Law refers to those sale or rental price conditions that avoid excessive financial effort by households, taking into account their net income and their particular characteristics, considering both the mortgage payment or the rental income, as well as the expenses and basic supplies that must be satisfied by the mortgaged owner or the tenant, generally not exceeding 30% of the income of the living unit.
It is regulated that when talking about expenses and basic supplies, the rule refers to the amount of the cost of energy supplies, running water, fixed and mobile telecommunication services, and possible contributions to the community of habitual homeowners.
Thus, it is established that the planning and programming instruments of the State will support the territorial administrations that ensure the existence of a sufficient and adequate supply of affordable housing, promoting the rational use of the land and promoting the efficient occupation of the residential park, and ensuring that these instruments have an adequate budget allocation.
Advance in the eradication of sub-housing situations, through integrated actions that avoid social and residential exclusion
For this, the rehabilitation and improvement of existing homes will be a priority, as well as the promotion of housing, aimed at the formation of public housing parks, favoring the existence of housing modalities that adapt to social needs and the adequate provision of aid programs specifically aimed at people and households with the greatest difficulties in accessing housing.
Sale or rental of substandard housing
The Administrations are entrusted to monitor and act against the sale, lease or transfer operations by any title, complete or partial, for the residence of a sub-dwelling, an overcrowded dwelling and any form of illegal accommodation, or with respect to goods that are not you are the legitimate owner or its legal representative.
The protected home must be used exclusively for habitual residence and be occupied during the established minimum periods of time.
The Administrations must identify, within their territory, the areas that require urban regeneration and renewal actions to advance in the eradication of sub-housing situations, through integrated actions that avoid social and residential exclusion.
What is considered substandard housing?
The future rule defines the substandard housing as a building, or part of it, intended for housing, which does not meet the minimum conditions required in accordance with the applicable legislation. In any case, it will be understood that the dwellings that do not meet the requirements of surface, number, dimension and characteristics of the habitable rooms, those that present serious deficiencies in their endowments and basic facilities and those that do not meet the minimum requirements of security, universal accessibility and habitability required for the building
Decent and adequate housing
It is considered within this category to the house that, due to its size, location, habitability conditions, accessibility, energy efficiency and use of renewable energies and other characteristics of the same, and with access to basic supply networks, responds to the residence needs of the person or coexistence unit in affordable conditions according to the financial effort, constituting their home in which they can live with dignity, safeguarding their privacy, and enjoy family or social relationships.
Protected housing
Thus, it is defined as housing subject to a special regime to be used for the habitual residence of people with difficulties in accessing the housing market. It may be one of the following types: social housing, or limited-price housing.
The home must be used exclusively for habitual residence and be occupied during the minimum periods of time established in the corresponding legislation.
The successful tenderers of protected homes may not be holders of full ownership or a real right to use or enjoy any other home, except that the home they occupy is unsuitable for their personal or family circumstances. Nor may they exceed the maximum income level, depending on the characteristics of the family unit, established by the regulations.
The protected homes that are developed on land whose destination is that of homes subject to some public protection regime will be subject to a permanent public protection regime that excludes disqualification, as long as the qualification of said land is maintained.
In the rest of the cases, the dwellings will be subject to a permanent public protection regime with the exceptions that may exceptionally be provided for by the regional regulations if there is justified cause duly motivated for their disqualification or for the establishment of a qualification period with the setting of the number of years of this, which must be at least 30 years.
In this case, it will be necessary to return all or part of the aid received in the event of alienation of the home after its disqualification, as established in the regional regulations.
Social housing
Social housing refers to publicly owned housing intended for rent, assignment or any other form of temporary tenure subject to income or sale limitations and intended for people or households with difficulties in accessing housing on the market.
Social housing may be developed on land classified urbanistically as public endowments
It will also be considered social housing that whose land is publicly owned on which a surface right, administrative concession or equivalent legal business has been constituted.
The future Housing Law will open a war between city councils and Autonomous Communities
The future Housing Law will open a war between city councils and Autonomous Communities
Social housing may be developed on land classified urbanistically as public endowments or be included in buildings or premises intended for publicly owned facilities and related to public service.
This type of housing may be managed directly by public administrations or dependent entities, by non-profit entities with social purposes related to housing, or through public-private collaboration formulas that are compatible with the nature of the same. .
Limited price protected
In the case of limited-price protected housing, it is publicly or privately owned housing, excluding social or public endowment, subject to rental price limitations and all other requirements established by law or regulation and intended to satisfy the need for permanent housing of persons or households that have difficulties in accessing housing in the market. It will be qualified in accordance with the procedure established by the competent Public Administration.
Affordable incentivized housing
For the purposes of the provisions of this Law, it will be considered as that house of private ownership, including third sector entities, to whose owner the competent Administration grants urban, fiscal, or any other type benefits, in exchange for allocating them to habitual residence under a rental regime, or any other form of temporary tenure, of people whose income level does not allow them to access a house at market price.
The public benefits assigned to these homes will be linked to the limitations of use, time and maximum prices that each Administration determines.
Third sector housing and accommodation stock
The set of properties owned or managed by non-profit entities with social purposes related to housing, intended to satisfy the housing or accommodation needs of people or households in situations of vulnerability or at risk of exclusion.
Services of general interest
For the purposes of guiding public financing, the future law considers as services of general interest: the actions necessary for the creation, expansion, conservation and improvement of the public housing stock, by the Administrations and their management, as well as the activities, public or private, whose purpose is the construction or rehabilitation of housing subject to public protection that sets a maximum price for sale and rent, destined for people or households that meet the pre-established requirements based on objective criteria that define their economic and social situation.
Agreements with the owners
The Public Administrations or their dependent entities will be in charge of executing directly or through agreements with the owners, with the legally constituted entities of the third sector, or through different forms of public-private collaboration, in accordance with the Sector Contract Law. Public or other applicable regulations according to the nature of the collaboration.
Universal accessibility
The competent administrations in housing matters must articulate measures that allow guaranteeing accessibility in the housing stock within their territorial scope of action, with the intention of favoring its adaptation to the functional needs of its residents or recipients, with special attention to disability arising from age. To this end, aid programs will be applied to this end in addition to the application of reserve funds in the communities of owners.
Housing policies should serve people who live in highly vulnerable and segregated settlements and neighborhoods, either urban or rural environments, the homeless, de-institutionalized people with disabilities and the minors who cease to be protected.
The norm justifies the interventions
The Preliminary Draft Housing Law bases the need for its existence, among other things, on the fact that of the total homes built between 1962 and 2020, 31.5% were protected homes, that is, about 5.7 million homes that They were promoted with public protection, but most of them have ceased to be subject, in relatively short terms, to sale or rental limits.
In addition, the Government justifies it in the imbalances between the new construction and the rehabilitation activity and between ownership and rent, to which it is added that the public rental housing parks are insufficient to meet the needs of people with more difficulties in accessing the market due to their limited financial means.
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