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RHC warns: federal housing law will worsen access to housing

RHC warns: federal housing law will worsen access to housing

housing rights in international law, European Union law, the Constitution and Statute of the Autonomy, and its impact on Catalonia; the measures of the new law related to owners and mortgage debtors and current Catalan housing legislation; the measures of the law in relation to tenants and consumers and its relation to current Catalan legislation in this area; current housing problems in contract, family and inheritance law, as well as in administrative, urban planning and housing law.

This workshop concluded that the state housing law would exacerbate housing affordability problems for a variety of reasons. In their view, the state law does not strike the necessary balance between the rights''owners and tenants of residential premises, as it is a law that leaves open the uncertainties of the rules of play in the rental market. This new law also contains various measures affecting both the behavior of private individuals and private companies and investment funds, as well as the behavior of public administrations (with their own regulation of civil law, administrative law, tax law, urban planning law, etc.). One of the most controversial measures was the imposition of limits on the indexation of rents, in line with already existing regulations in other countries such as France, for example; a legal regulation to be reviewed after three years.

At the same time, the new legislation makes''distinction between two types of owners: large holders and the rest. Large holders are natural or legal persons who own more than 10 dwellings (in Barcelona, for example, 36% of the housing stock is in their hands, mostly legal persons engaged in economic activities) or five if the Autonomous Communities decide to do so in possible temporary zones of a tight housing market.

The rapporteurs also emphasized that the state residential law leaves very important issues open, such as the regulation of the rental of tourist accommodations or rooms. These are significant issues that legal experts believe should be worked on in the future to guarantee the right to stay in large''cities.

Unlawful squatting. Another aspect that was analyzed in this workshop was illegal squatting, looking at the civil, procedural and criminal aspects arising from this phenomenon.

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The experts stated that this is not a conflict in which the right to own and the right to housing are opposed, as squatting is not a legal basis for possession. It was the difficulty of access to housing that contributed to the proliferation of illegal squatting. For this reason, workshop participants regretted that this law does not provide precautionary measures to protect the right of ownership against illegal occupancy of real estate and felt that a great opportunity was missed to stop this problem. It was also noted that''Illegal occupancy causes indirect harm to community owners, who are left without the tools to combat this situation.

Experts also pointed out that historically inadequate regulation has allowed the majority of the nearly six million public housing units built between 1962 and 2020 (nearly 32% of the total housing stock) to be turned into the free market at current inflated prices, as explained in the preamble to the new state's May 24, 2023 Right to Housing Act. This has resulted in the current stock of social housing being one of the lowest in Europe, representing less than 2% of the total of over 18 million existing dwellings. This situation has coincided with low construction of dwellings''because of the difficulty of accessing or losing housing, there are very negative consequences for people, such as mental health disorders, increased homelessness, residential segregation (and related schooling) or the high age of majority of young people in Spain, which is well above the EU average: 30 years old vs. 26, as also stated in the preamble of the new state law.

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