The proposed legislation offers a comprehensive framework to realise the right to adequate housing and a safe habitat, in line with the updating of the economic and social model.
With the aim of perfecting and expanding access and legal security in housing tenure; diversifying the housing offer to cater to different population sectors and age groups; and integrating the production and management of housing with an economic, sociocultural and environmental focus, in line with territorial planning plans, the Draft Housing Law Bill has been published. It will undergo a public consultation process until the 28th of February.
The draft bill (which, if approved, would repeal the 1988 General Housing Law) introduces significant changes to the management, financing, and tenure of properties.
It also recognises the constitutional right to adequate housing and a safe habitat, and designates the Ministry of Construction as the governing body to propose, direct, and control state policy in this matter.
MAIN CHANGES
The draft bill removes the sanction of confiscation of a home due to the owner’s permanent departure from the country. Furthermore, it eliminates the prior administrative authorisation required for the transfer of undeveloped plots and the assignment of use for rooftops, aligning with the Law on Territorial Planning.
Similarly, natural persons will be permitted to own up to two homes, not counting a declared holiday home. The norm also equalises the transfer rights of holiday homes with other personal property homes.
DIVERSIFIED OFFER
To stimulate construction, financing sources are diversified, including bank credits, budget subsidies, and, in a novel manner, mortgage financing, which will be regulated by specific legislation.
Furthermore, the proportion of homes under a rental or leasehold regime will be increased, even allowing for sub-letting.
PROTECTION FOR VULNERABLE GROUPS AND YOUNG PEOPLE
The law establishes preferential mechanisms and subsidies for prioritised sectors, such as the protected population (workers in key sectors without resources), the prioritised population (persons in overcrowded conditions, young people of working age, large families), and persons in vulnerable situations (elderly adults, persons with disabilities, victims of domestic violence).
Likewise, a specific chapter on young people’s access to housing is included, recognising their particular situation.
With the aim of reducing regulatory dispersion, the new law also proposes the creation of a body responsible for proposing, implementing, and controlling housing and habitat policies.
