New housing rights law

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

This law is the result of a long political negotiation in response to demands from many groups and as a consequence of recent crises that have very directly affected access to housing, especially in the country's major cities. The new law takes measures in many complex areas that cannot be fully broken down in a short post, as it impacts rental regulation, new development, and especially affects the resulting judicial proceedings.

As professionals, we are preparing ourselves for the many particularities and the current lack of definition on certain issues in order to properly advise our clients.

The law establishes the definition of a large landlord based on the number of properties owned; for these purposes, article 3.k) determines that this will be any natural or legal person who owns more than ten residential properties or a built residential area of more than 1,500 m², excluding parking and storage spaces. From now on, this type of owner will see their rights limited and will be obliged 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 will be able to further define certain aspects, such as setting the minimum number of properties from as low as five. The Government of Catalonia has already begun taking measures in this regard.

The current complexity of the regulations in this area, due to the regional rules previously developed and the new provisions, makes a personalised study and advice essential for a correct analysis of each specific case. We therefore invite you to contact us to find out exactly how the new law may affect you.