In recent weeks, the regulation on housing in Catalunya has been modified by Law 1/2022, of March 3, amending Law 18/2007, Law 24/2015 and Law 4/2016 to deal with the emergency in the field of housing. The introduction of this new regulation has entailed relevant changes in our regulation, of which we highlight the following:
1) The big holders:
The concept of large holder is extended to legal entities and groups of companies that are owners of more than 10 homes in the whole of the territory.
A Register of large holders is created, where large housing holders must be registered within a period of 1 month from the entry into force of the Law. The lack of registration is typified as a serious infraction.
2) Failure to comply with the social function of housing:
The causes of non-compliance with the social function of housing are extended, among which it stands out, keeping the house empty without just cause for 2 years (without occupation without legitimate title altering this situation of non-compliance).
It is expected that the Administration may require the property to resolve possible situations of non-compliance with the social function. If this is not met, the Administration may exercise forced execution measures, which could include up to the forced expropriation of the home.
3) The TC annuls the regulation of the rental price in Catalunya
Likewise, the regulation on housing will be affected by the recent ruling of the Constitutional Court of March 10, 2022 (pending BOE publication), which annuls several articles of the Catalan Law 11/2020, of September 18, of urgent measures in terms of rent containment in housing lease contracts.
The aforementioned sentence will annul part of Law 11/2020, of September 18, on urgent measures regarding the containment of rents in housing lease contracts and of modification of Law 18/2007, of Law 24/2015 and of Law 4/2016, relating to the protection of the right to housing. So that the new rental contracts in Catalunya will not be affected by the regulation of the rental price. However, the sentence will not have retroactive effects, and therefore will not affect consolidated legal situations. The current contracts signed under Law 11/2020 will remain in force in their terms.
In short, the entry into force of the new Law 1/2022, of March 3, and the nullity of part of Law 11/2020, of September 18, will mean a new change in the regulation of housing in Catalunya, which will directly affect the new legal relationships.
The legislative novelties are an interpretation made by the addwill team, with whom you can contact to advise you on any exposed measure, and in general, on any matter related to the regulation of housing in Catalunya.
At addwill, we are at your disposal if you wish to obtain further information and advice in this regard from our expert professionals