New housing rights act

On 25 May the text of the new Act 12/2023 of 24 May, on the right to housing, was published in the BOE.

This legislation is the result of lengthy political negotiation, in response to the demands of many groups and as a consequence of the recent crises that have very directly affected access to housing, especially in the major cities across the country. The new act takes measures in many complex areas that cannot be set out in detail in a short post, as it affects both rental regulation and new development and, above all, the judicial proceedings arising from them.

As professionals we are preparing for the many particularities and the current lack of clarity on some issues in order to advise our clients.

The act defines a large landlord according to the number of dwellings; to this end, article 3.k) provides that it is the natural or legal person owning more than ten residential properties or a built area of more than 1,500 m² for residential use, excluding parking and storage rooms. From now on this owner will see their rights restricted and will be required to take certain measures in certain situations, such as offering social rent, procedural requirements before filing an eviction claim, tax deductions, rent increases, etc. The Autonomous Communities may further define certain aspects, such as setting the minimum number of dwellings from five. The Government of Catalonia has already begun to take measures in this regard.

The current complexity of the regulations on this matter, owing to the previously developed regional rules and the new provisions, makes a personalised study and advice essential for a correct analysis of the specific case; this is why we invite you to contact us to find out exactly how the new act may affect you.