Updated Wednesday, October 6, 2021 – 21:10
The wording of this provision seeks to prevent cases such as the operations that took place in Madrid in 2013
View of a real estate agency in Madrid.FERNANDO ALVARADOEFEVivienda The new law will force large owners to lower rents and freeze the price for individuals Reactions Confusion and surprise among investors and large owners: “The Housing Law is a political bargaining chip” and “reduce the supply”
The future Housing Law will include in its articles the impossibility of sale of public housing by the administrations to private entities (such as investment funds), for which a permanent protection regime is established that excludes their requalification.
Sources from United We Can have explained to Europa Press that this point has been captured in the text agreed with the PSOE for future regulations, with the aim of establish the prohibition of alienating those floors of public ownership and that can then be offered in the free market by buyers. This is a key point for these sources in the Housing Law, the negotiation of which was closed yesterday between the coalition partners.
A clause that seeks to prevent cases like the one that took place in 2013 in the Community of Madrid, when the regional Executive sold almost 3,000 homes in the old Ivima to the investment fund Goldman Sachs-Azora, an operation that was annulled by the Supreme Court when it emphasized that said disposal was not justified.
Another example is the transaction that the Madrid City Council also undertook that year in the stage directed by former mayor Ana Botella, when transferred a total of 1,860 flats of the Municipal Housing Company for a value of 128.5 million and the Madrid Floor (EMVS) to the Blackstone investment fund.
This morning the Minister of Social Rights and leader of Podemos, Ione Belarra, has slipped this point by reeling off that the law aspired to prevent cases such as the alienation of protected housing, as seen in the past in the Community of Madrid with the sale of flats to “vulture funds”. “That will not be done again in Spain”, has sentenced.
The wording agreed between the coalition partners states that the qualification of a land established as a reserve for housing under a public protection regime “cannot be modified”, except in exceptional cases in which the urban planning instrument justifies the “unnecessaryness of this type of housing or the supervening impossibility of said destination, regardless of whether the conditions of the protected housing may be modified to meet the demand and needs of the territorial scope “.
PROTECTION EXCLUDING DISQUALIFICATION FROM PUBLIC STATUS
In addition, the wording of this provision specifies that the protected homes that are developed on said land “will be subject to a permanent public protection regime that excludes disqualification, as long as the qualification of said land is maintained.”
Thus, homes will be subject to this “permanent” public protection regime, with the exception that the regional regulations may provide “in case 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 “.
For this exceptional case, the future housing regulations guide that it will be necessary to return all or part of the aid received in the event of disposal of the home after its disqualification, as established in the regional regulations.
“In any case, for the purposes of this section, the promotion of protected homes on land whose urban classification did not impose said destination and that did not have public aid for their promotion,” he deepens.
Thus, The sale or rental of these public housing units to individuals will be subject to the conditions established by the regulations and their allocation will be made primarily in favor of people seeking accommodation registered in the public registers of each region.
CENTRAL POINTS OF THE FUTURE REGULATIONS
The new housing law also provides for dallocate 30% of promotions to protected housing, to expand the public housing stock, while 15% of that figure will be for social rent.
In addition, it provides for a surcharge of 150% of the IBI for vacant apartments and a regulation of the rental price to lower rents in homes owned by large owners (10 homes or more) with legal status, taking into account benchmarks in stressed areas.
In turn, figure Tax credits up to 90% of the income obtained by small owners in case of lowering the price of the rents with respect to the previous contract. It also includes protection measures against evictions focused on the vulnerable population.
The drafting of the state housing law has already been agreed between the government partners in the pact on the current public accounts, in addition to being outlined in the coalition agreement.
However, the formulas to translate the rent regulation motivated a series of discrepancies that have lasted almost a year, and that have finally been resolved this Tuesday, since the purple ones linked the approval of the new public accounts to the unblocking of said law .
The Minister of the Presidency, Flix BolaosHe pointed out yesterday that there is still no date to approve the law in the Council of Ministers. When the draft is formalized, it will be sent to Congress for parliamentary processing.
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