Last May 25, the text of the new Law 12/2023 of May 24, on the right to housing, was published in the BOE.
This rule is the result of a long political negotiation as a reaction to the demands of many groups and as a result of the recent crises that have very directly affected access to housing, especially in large cities throughout the ‘State. The new law takes measures in many areas that are complex and cannot be broken down in detail in a short post, since it impacts both the regulation of rent and the new promotion, and especially, it affects the judicial procedures that arise derive
As professionals, we are preparing ourselves for the multiple particularities and the current lack of definition of some issues in order to advise our clients.
The law establishes the definition of the major holder based on the number of homes, for its purposes, article 3.k), determines that it will be the natural or legal person who owns more than ten properties for residential use or a built surface of more than 1,500 m² of residential use, excluding parking and storage rooms. From now on, this owner will see his right limited and will be obliged to take certain measures in certain situations, such as offering social rent, eligibility requirements before submitting an eviction claim, tax deductions, income increases, etc. The Autonomous Communities will be able to finish defining certain aspects, such as establishing the minimum number of homes from five. The Government of Catalonia has already begun to take measures in this regard.
The current complexity of the regulations in the matter, due to the regulations previously developed in the autonomous area and the new provisions, make a personalized study and advice essential for a correct analysis of the specific case, which is why we invite you to make us contact to find out exactly how the new law may affect them.