It imposes new limits on rent increases and reduces the figure of large homeowners from ten to five properties


The Official State Gazette (BOE) has published this Thursday the Law for the Right to Housing, which will enter into force tomorrow, Friday, except for those related to the tax incentives applicable in the IRPF to the leases of real estate for housing, which will begin its validity on January 1, 2024.

After months of intense negotiations within the coalition government itself and with the parliamentary groups, the Executive managed to carry out one of the ‘key’ laws of this legislature.

This is the first State Housing Law in the history of democracy and is one of the reforms included in the Recovery, Transformation and Resilience Plan and one of the milestones agreed with the European Commission for the disbursement of ‘Next Generation’ funds US’.

Among other measures, the Housing Law imposes new limits on the rise in rental prices throughout Spain, allows the figure of large homeowners to be reduced from ten to five properties in certain cases and prevents these owners from evicting vulnerable tenants without a act of conciliation or prior arbitration.

Specifically, the norm maintains the 2% limit for this year in the rent increase and raises it to 3% in 2024 so that, before December 31 of next year, create a new reference index applicable to the territory outside of the CPI.

On the other hand, the law reduces the concept of large holders from ten to five properties and extends the restrictions for landlords contemplated in stressed areas to individuals.

In addition, the new law introduces a series of measures to make it difficult to evict people in a situation of economic vulnerability, especially when the landlord is a large property owner. In this way, evictions cannot be carried out without a predetermined time and date.

In fiscal matters, an improvement in the regulation of the Personal Income Tax (IRPF) is established to stimulate the rental of habitual residence at affordable prices, through the modulation of the reduction of the net yield of the rent of habitual residence . To this end, a reduction percentage of 50% is established in the new lease contracts, which may be increased based on certain criteria –stressed area, rehabilitation–.

A clear definition is also introduced so that the Town Halls can apply the Real Estate Tax surcharge to those homes that have been empty for more than two years, and provided that the owner has a minimum of four homes in that situation, except for justified reasons of vacancy. temporary.

Likewise, a modulation of the surcharge is established, currently located at 50% of the liquid IBI quota that may reach 150%, depending on the time of vacancy and the number of unoccupied homes of the same owner in the municipal area.

The concept of incentivized affordable housing is introduced, as a necessary figure to increase the supply in the short term. It is about granting tax or urban benefits in exchange for privately owned homes, including third sector entities (associations, foundations), being used for rent at reduced prices for those people whose income level does not allow them to access to a house at market price.

The Law also contemplates the promotion of protected housing for rent at a limited price. A minimum percentage of 50% is established for rental housing within the reserved land for subsidized housing.

In addition, the land reserve percentages for subsidized housing are increased, from 30 to 40% in developable land (new urbanization actions), and from 10 to 20 percent in unconsolidated urban land (renovation or reform actions of the urbanization).

The Law also establishes the creation of the Housing Advisory Council, to ensure the participation of all agents in the preparation and development of housing policies.

It will be a collegiate body of a technical, advisory and consultative nature of the State for the programming of public housing policies, which will be made up of representatives of the different Ministerial Departments with competences related to housing, third sector associations and other associations representing interests. affected by the Law, business and professional representatives, from the financial sector, as well as various expert professionals in the field of housing, from the university field or from research.

The indefinite qualification of subsidized housing is established, always guaranteeing at least a period of thirty years. Some basic conditions are established at the state level that define a regime of permanent public protection of subsidized housing that is promoted on qualified reserve land. In all other cases, a minimum term of disqualification of 30 years is set.

In addition, the role of the registers of applicants for access to subsidized housing and the establishment of objective award criteria is reinforced.