Loans to buy a house and limits on vulture funds: Spain approves housing decrees

After the call for general elections for the next November 29, both decrees must pass through the Permanent Deputation, where the first of them has prospects of moving forward

 MG 5202
MG 5202

The Official State Gazette (BOE) has published this Wednesday the two new housing decrees, the first of which, containing most of the measures, will come into force mostly tomorrow, while the second, with the automatic extension of rents, will do so on November 15.

Unlike what happened last week, both decrees have been published simultaneously in the BOE.

Following the call for general elections for next November 29, both decrees must pass through the Permanent Deputation, where the first of them is likely to be approved with the support of the PNV, but not the second, promoted by Sumar and the Tenants' Union.

The first of the decrees, which has some novelties compared to the one that lapsed last Friday after being rejected by the Congress of Deputies, will come into force this Thursday, one day after its publication in the BOE, unless any of its provisions state otherwise.

The provisions of the first final provision will apply to assignments of mortgage credit contracts made after the entry into force of the royal decree-law, regardless of when the contract was concluded.

The Europe Financing Savings and Investment Account may not be marketed or contracted until the corresponding ministerial order comes into force. Individual insurance policies will also have to wait until said order.

Accelerated by social pressure from the streets following the eviction of the octogenarian Maricarmen Abascal, and less than two months before elections, the PSOE-Sumar coalition government brought a package of 21 housing measures back to the Council of Ministers this Tuesday, which maintain "the essence" of the two decrees repealed last Friday.

 

Limits on vulture funds and debt payment for families without resources

Among the contributions included in this first decree, of 99 pages, are a financing line endowed with 10 billion euros in loans of up to 50,000 euros at zero interest for those who want to acquire their first home. 

In relation to the speculative purchase by so-called "vulture funds," the limit is extended from 2028 to 2030 and focuses mainly on funds that buy at bargain prices, large property owners, and their subsidiaries.

In matters of eviction for non-payment of rent, if the family cannot pay and has no alternative, the Administration will cover the debt and the costs of the trial.

It also establishes, until December 31, 2030, a regime for the suspension of eviction proceedings for vulnerable people without housing alternatives, and an extraordinary extension of habitual residence rentals until 2028.

It also sets a VAT of 10% for tourist apartments and modifies the tax regime of SOCIMIs in their residential activity through an increased tax rate on undistributed profits from housing rentals.

 

Second decree, deferred application of some measures 

Regarding the second decree, which includes the automatic extension of rentals, the text emphasizes that the application of the new regime to current contracts is projected only on maturities after its entry into force and is accompanied by a transitional regime that defers some of its effects. 

Non-renewal notices made prior to the publication of said royal decree-law retain their effectiveness and do not give rise to compensation, nor when the contract is extraordinarily extended, and in contracts that expire in the following six months, the landlord may continue to give notice four months in advance. 

In cases where the landlord validly communicates the intention not to renew, they will be obliged to compensate the tenant with either 12 monthly payments (calculated according to the state system of reference for housing rental prices) or one monthly payment (calculated according to the same value for each year the tenant has resided in the dwelling). 

Add La Voz de Lanzarote as a preferred Google source.

Stay informed with the latest current news.

Activate now