The coalition government is shedding more details about what is included in the new Housing Law, regarding which there is an agreement between the PSOE and United We Can but that will not see the light in the Council of Ministers until the end of the year.
The text on which there is consensus – and which is not final, so there may be changes – includes the creation of the figure of “incentivized affordable housing”, which will coexist with that of protected housing. The objective is to increase the supply of affordable housing.
Under this definition, those privately owned dwellings, “including third sector entities, to whose owner the competent Administration grants urban, tax, or any other type of benefits, in exchange for allocating them to habitual residence under a rental regime, will be included under this definition. reduced prices, or any other formula of temporary tenure, of people whose income level does not allow them to access a house at market price, “according to the information that has become known today.
The goal is to seek “the involvement of all public, private and third sector agents in the search for solutions to the problems of housing supply and the orientation of the existing housing stock for this purpose”. Of course, “always linking the public benefits that are assigned to these homes to the limitations of use, time and maximum prices that, in each case, the competent Administration determines.” In this case, the Autonomous Communities.
New Housing Advisory Council
Another novelty of the future law is the creation of a ‘Housing Advisory Council’, to ensure the participation of all agents in the elaboration 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 and with the presence of all the actors involved in the sector.
Specifically, it will be made up of third sector associations and other associations representing interests affected by the Law, business and professional representatives from the financial sector, as well as different professional experts in housing, university or research matters.
This Housing Advisory Council will be attached to the Ministry of Transport, Mobility and Urban Agenda and in it will be represented the different Ministerial Departments with competencies related to housing, to ensure, says the Executive, “the comprehensive and coordinated action of the different measures and actions in favor of the right to housing “.
Avoiding vulture funds and greater regulation of evictions
The new Law, according to the preliminary text, also seeks to prevent “repeated sale operations of the public housing stock to investment funds that occurred in the past by some territorial administrations” and establishes a separate patrimony in which the income obtained must always be used for the creation, expansion, rehabilitation or improvement of public housing parks.
It also seeks to establish “at the state level” basic conditions, yet to be defined, that regulate protected housing, without prejudice to the additional ones established by regional legislation, “defining a permanent public protection regime for protected housing that is promoted on land. classified as a reservation for housing subject to some public protection regime “.
In addition, the regulation of eviction procedures, which affect the habitual residence of vulnerable households, is changed to “guarantee effective and rapid communication between the judicial body and social services through a requirement for them to evaluate the situation and , where appropriate, quickly attend to people in situations of economic and / or social vulnerability “, picks up the preliminary text agreed by the coalition government.
The objective is that the Social Services can offer solutions that avoid situations of distress as a consequence of the eviction. In addition, the Law will introduce objective criteria to guide situations of economic vulnerability to identify the situations to which the Administration must respond.
Book in new promotions to social rental
On the other hand, one of the most relevant aspects of the Law is the requirement to reserve a percentage of new promotions for social housing. In this sense, the preliminary text is open. On the one hand, it states that to reinforce protected housing for rental, a minimum percentage of 50 percent is established for protected housing for rent within the reserve land for housing subject to some public protection regime, both in new urbanization actions and in actions of reform or renovation of the urbanization, which must be included in the legislation on territorial or urban planning.
On the other hand, in order to introduce mechanisms for the creation of urban protected housing, “it is proposed to extend the possibility that urban planning legislation may establish in urban planning instruments a reserve of 30% in urbanized land, articulating legal-urban mechanisms of adequate compensation, with the exceptions included in the current state soil legislation “. That is, the promoters will be compensated.