BOE-A-2023-12203 Law 12/2023, of May 24, for the right to housing. (2023)

PHILLIP VI

KING OF SPAIN

All those who were present saw and understood.

Know: That the Cortes Generales have approved and I come to sanction the following law:

INDEX

Preamble.

Preliminary title. General disposition.

Article 1. Object of the law.

Article2. Purposes of public housing policies.

Article3. Definitions.

Article4. Services of general interest.

Article5. public action.

Article6. Principle of equality and non-discrimination in housing.

Title I. Social function and legal regime of housing.

Article7. Guiding principles of the guarantee of the social function of housing.

Chapter I. Basic Citizen Statute.

Article8. Rights of the citizen in relation to housing.

Article9. Duties of the citizen in relation to housing.

Chapter II. Basic legal regime of the right to home ownership.

Article10. Content of the right to own a home: powers.

Article11. Content of the right to own a home: duties and charges.

Title II. Action of the public powers in the matter of housing.

Chapter I. General principles of public action in the field of housing.

Article12. State action on housing, rehabilitation, regeneration and urban renewal.

Article 13. Commitment to universal accessibility in the housing stock.

Article14. Situations of special vulnerability.

Article15. Right of access to housing and territorial and urban planning.

Article16. Protected housing.

Article17. Incentivized affordable housing.

Article18. Declaration of stressed residential market areas.

Article19. Collaboration and provision of information from large holders in areas with a stressed residential market.

Chapter II. Collaboration and cooperation between public administrations in housing matters.

Article20. Collaboration between public administrations in housing matters.

Article21. Bodies of Cooperation in matters of housing and land.

Article22. Inter-ministerial coordination.

Chapter III. Action of the State regarding housing.

Article23. State planning and programming in housing.

Article24. State plans for housing and urban and rural rehabilitation, regeneration and renewal.

Article25. Public-private collaboration and affordable housing fund.

Article26. Housing Advisory Council.

Title III. Public housing parks.

Article27. Concept, purpose and financing.

Article28. Guiding criteria in the management of public housing parks.

Article29. Fate of public housing parks.

Title IV. Protection and transparency measures in housing purchase and lease operations.

Chapter I. General regime of rights and basic information.

Article30. Basic principles of rights, powers and responsibilities.

Article31. Minimum information in housing purchase and lease operations.

Chapter II. Information and transparency in housing and land.

Article 32. Public housing stock.

Article 33. Investment in housing policy programs.

Article34. Characterization of the housing stock. Uninhabited or empty dwelling.

Article35. Characterization of housing demand.

Article 36. Public land available for housing.

First additional provision. Database of housing lease contracts and reinforcement of the coordination in the information on lease contracts.

Second additional provision. Priority of housing policy in the management of state assets.

Third additional provision. Review of the criteria for the identification of stressed residential market areas.

Fourth additional provision. Application of resources from state housing plans in mediation and conciliation procedures.

Fifth additional provision. Working group for the regulation of lease contracts for use other than housing.

Sixth additional provision. Estate managers.

First transitory provision. Qualified homes with some public protection regime prior to the entry into force of the law.

Second transitory provision. Objectives in relation to the housing stock for social policies.

Third transitory provision. Procedures suspended by virtue of articles 1 and 1 bis of Royal Decree-Law 11/2020, of March 31, which adopts complementary urgent measures in the social and economic field to deal with COVID-19.

Fourth transitory provision. Regime of lease contracts entered into prior to the entry into force of this law.

Single repealing provision.

First final provision. Price containment measures in the regulation of housing lease contracts.

Second final provision. Tax incentives applicable in the Personal Income Tax to the leases of real estate for housing.

Third final provision. Modulation of the surcharge on permanently unoccupied residential properties in the Real Estate Tax.

Fourth final provision. Modification of the consolidated text of the Land and Urban Rehabilitation Law, approved by Royal Legislative Decree 7/2015, of October 30.

Fifth final provision. Modification of Law 1/2000, of January 7, on Civil Procedure.

Sixth final provision. Extraordinary limitation of the annual update of the rent of housing lease contracts.

Seventh final provision. Competence titles.

Eighth final provision. Regulatory development.

Ninth final provision. Entry into force.

PREAMBLE

I

The Spanish Constitution (EC) recognizes, in its article 47, the right to enjoy decent and adequate housing and then imposes on the public powers the duty to promote the necessary conditions that guarantee equality in the exercise of rights and compliance with the constitutional duties and to establish the pertinent norms to make the aforementioned right effective. All this as a projection of its article 9.2, which explains its systematic location in chapter III of title I of the fundamental norm, referring to the guiding principles of social and economic policy.

Due to its object, the constitutional right thus recognized affects the enjoyment of the content of other constitutional rights, even declared fundamental, such as those related to physical and moral integrity (Article 15 EC), to personal and family privacy (Article 18 EC), to the protection of health (article 43 CE) and a suitable environment (article 45 CE); rights, all of them, that are closely related to the values ​​of quality of life – of which the preamble of the fundamental norm itself speaks – and the free development of personality in society (article 10.1 CE). This incidence and imbrication is also deduced from the jurisprudence of the European Court of Human Rights and stands out in the doctrine of the Constitutional Court, which is receptive of it. All of which modulates both the right to property and the freedom of enterprise, when operating in the housing sector, from the double point of view of the social function that they must fulfill and of the general interest, respectively (articles 33.2, 38, 128.1 and 131.1 CE). And this against the background of the equality of all Spaniards in any part of the territory of the State (article 139.1 CE) in the terms of article 14 CE and, in particular, of persons and social groups in a situation of special disadvantage (article 48 CE) and the legitimate interests of consumers and users, in accordance with article 51.1 of the Spanish Constitution.

Housing turns out to be, thus, an essential good of constitutional rank that presents multiple dimensions. From this perspective, the Constitutional Court itself has reiterated that it does not constitute an autonomous jurisdictional title, but rather that it may fall under different state or regional jurisdictional titles depending on the approach and the regulatory instruments used in each case by the legislator. Said competence complexity is a clear consequence of the different constitutional dimensions that housing presents.

Housing constitutes, above all, a central pillar of social well-being as a place for the development of private and family life, and the center of all urban policies. But also, from the point of view of its physical support, it is a good that delimits an economic sector dedicated to its production, placing it on the market and its management. In fact, in urban construction as a whole, housing occupies 80% of the built space and, as such, is a determining factor in spatial structuring.

It is logical that, given its social relevance, the right to housing is included in important international declarations, such as the Universal Declaration of Human Rights, adopted and proclaimed by the 183rd General Assembly of the United Nations Organization, on December 10, 1948. . Its article 25.1 provides that everyone has the right to an adequate standard of living that ensures housing for him or her, as well as for their family. The International Covenant on Economic, Social and Cultural Rights, made in New York on December 19, 1966, also recognizes in its article 11.1, the right of everyone to an adequate standard of living including, among others, equally adequate housing. Likewise, the International Convention on the Rights of Persons with Disabilities follows this same line, recognizing throughout its articles the need to guarantee accessibility as a fundamental assumption for the enjoyment of adequate housing.

The European Union has also made progress in recognizing everyone's right to housing, which was included in the European Social Charter of 1961 and reinforced in the revised European Social Charter in 1996, according to which the parties undertake to adopt measures aimed at « to favor access to housing of sufficient quality; to prevent and alleviate the situation of homelessness with a view to progressively eliminating this situation and making the price of housing affordable for people who do not have sufficient resources. Article 19 of the European Pillar of social rights also incorporates housing among the essential principles and rights for the functioning of European welfare systems and, finally, the Charter of Fundamental Rights of the European Union approved by Parliament, the Council and the European Commission on December 7, 2000 establishes in its article 34.3 that «in order to combat social exclusion and poverty, the Union recognizes and respects the right to social assistance and housing assistance to guarantee a dignified existence to all those who do not have sufficient resources, according to the modalities established by Community law and national laws and practices”.

Along the same lines, the European Parliament Resolution of January 21, 2021, on access to decent and affordable housing for all, has been expressed, in which the Commission and the Member States are asked to ensure that the right to adequate housing is recognized and enforceable as a fundamental human right through applicable European and state legislative provisions, and that guarantee equal access for all to decent housing. In short, the most current international regulations are aware of the process of de facto segregation in access to housing to which a large part of the population is a victim, especially young people and families and vulnerable groups. As a consequence, its postulates demand a paradigm shift in the legal consideration of housing, to reinforce its function as a social service of general interest. Only in this way will it be possible to guarantee the effective right to decent and affordable housing for all young people, and especially those groups at risk of exclusion, recognized and enforceable as a fundamental human right and including access to services defined in the urban and territorial planning legislation, thus contributing to guaranteeing a dignified life in an adequate environment and to eradicating poverty in all its forms.

For their part, the international Urban Agendas also pay special attention to housing and, specifically, the Spanish Urban Agenda, aligned with these and with the sustainable development objectives proclaimed by the 2030 Agenda, calls for the promotion of measures and the adoption housing policies that support the progressive realization of everyone's right to decent and adequate housing at affordable prices; that they fight against all forms of discrimination and violence, especially regarding gender; that they prevent arbitrary forced evictions and that they focus on the needs of the homeless, eradicating the phenomenon of homelessness, of those who suffer from situations of vulnerability, of social groups with low income and special difficulties, and of people with disabilities; at the same time that they promote the participation and collaboration of the communities and all interested persons. These new Agendas, both national and international, show the States and other levels of Public Administration the need to recognize the social function of land and housing and their commitment to a wide range of housing creation options, promotion of various types of tenure and approaches centered, in short, on people. All this within the framework of an inclusive vision of human settlements.

Likewise, the approval of this law complies with the milestone established in the Recovery, Transformation and Resilience Plan of Spain, related to reform C02.R03 "Housing Law" included in number 22 of the annex to the Implementation Decision Proposal. of the Council, of June 16, 2021, regarding the entry into force of a regulation that includes actions to support the increase in the supply of homes that meet the requirements of buildings with almost zero energy consumption, closely linked to the objectives set the very definition of decent and adequate housing to which the set of measures adopted is oriented.

The duty imposed by article 47 EC is incumbent on all public powers without exception, which are obliged to comply with it within the framework of their respective spheres of competence. This law must be understood, therefore, in the context of compliance by the State of the obligation that, within the framework of its constitutional powers, is incumbent on it in the protection of the right to access and enjoy decent and adequate housing. Its dictation also occurs at a particularly relevant moment, when after the economic and financial crisis of the last decade and in the context of a progressive recovery after the difficult situation to which the pandemic led many people and households, a part A large part of the population continues to suffer severe impacts, focused in many cases on the loss of housing or the impossibility of accessing it in affordable conditions, and after the approval of a good number of regional regulations that, more short-term rather than structural, they have tried to respond to the most pressing social housing needs. In fact, a large majority of these laws are of the second generation, that is, they have been approved while the first or second housing laws of the respective Autonomous Communities were in force.

Contrasts, therefore, the absence in the legislative policies of the State of a rule on housing that, as it exists in other areas with which it is closely related, sets those basic conditions and equality that guarantee a uniform treatment of the right to housing recognized by the Constitution, in addition to those other aspects that, by virtue of their competence titles, correspond to it. The Constitutional Court itself, in a sort of reproach to the state legislator, has highlighted the non-existence of state legislation on housing that serves as a parameter of constitutionality for the high production of regional regulations on the matter. Judgment 16/2018, of February 22, to cite some of them, justifies the impossibility of considering that an autonomous regulation contradicts state powers when the state legislator has not "dictated, to ensure a certain equality in the exercise of the constitutional right to private property, a norm that reserves to the owner of houses (or buildings in general) the decision to have them permanently inhabited» (F.J. 8.a). Also, recall the Judgment 80/2018, of July 5, that «Not having the state legislator exercised the authorization that art.149.1.1.ª CE grants, it is necessary to affirm that the regional legislator on housing, at the in which we carry out this prosecution, finds no limits from this constitutional perspective ». This same jurisprudential doctrine is reiterated in other judgments such as 32/2018, of April 10, and 43/2018, of April 26.

This law is, therefore, the first state law regulating the right to housing since the approval of the Constitution, although it cannot be said that the State has been absent in housing policies. The important allocation of public funds through aid corresponding to the fiscal field and the systematic and continuous approval throughout the democracy of the well-known Housing Plans that have had a wide and undoubted impact on the population is well known. However, all of them maintained a unitary and constant character over time, both in their design and in their content, defending and materializing a housing policy based fundamentally on promoting the production of a growing volume of housing, the occupation of new land with the consequent growth of cities and the commitment to property as an essential form of access to housing.

This expansive and property promotion policy began to be reoriented towards rehabilitation and rental, with the State Housing and Rehabilitation Plan 2009-2012, regulated by Royal Decree 2066/2008, of December 12. The following state plans: the State Plan for the promotion of housing rental, building rehabilitation, and urban regeneration and renewal 2013-2016, regulated by Royal Decree 233/2013, of April 5, the State Housing Plan 2018-2021, regulated by Royal Decree 106/2018, of March 9, and the State Plan for access to housing 2022-2025 regulated by Royal Decree 42/2022, of January 18, serve to confirm and reinforce this change in model.

However, there are still significant imbalances between new construction and rehabilitation activity and between homeownership and rental, to which is added the fact that public rental housing parks are completely insufficient to serve the need of those people and households that have more difficulties to access the market due to their scarce economic means. It is worth noting that, of the total number of homes built between 1962 and 2020, 31.5% were subsidized homes, that is, some 5.7 million homes that were promoted under some public protection regime, but which For the most part, and despite the important public effort made in their promotion and construction, they have ceased to be subject, in relatively short terms, to any type of sale or rental limit.

Also from the territorial point of view, it is necessary to recognize that imbalances in access to housing do not only occur in urban environments and in large cities, but also in rural areas, on many occasions an insufficient supply of housing is identified. available housing in adequate conditions and actions are necessary aimed at the recovery, rehabilitation or adaptation of the existing building stock, which require the particular support of public authorities. Thus, it is necessary for all administrations, in the exercise of their powers over housing, to guarantee access to housing in rural areas, especially for vulnerable groups, promoting territorial cohesion and facilitating the fight against depopulation.

Today it is considered essential that economic planning in housing has a stable legislative framework, one of whose missions is to comply with this law.

As regards the quality of the housing stock, the state building regulations establish basic requirements and demands that directly affect the functionality, safety and habitability of the dwellings. However, these requirements only apply to newly built homes or to certain interventions on existing ones and effective instruments are not provided to ensure effective knowledge on the part of the purchaser or tenant of the quality and benefits of the home that is the object of the real estate operation, a key aspect to ensure its adaptation to constitutional law. For this reason, it is necessary to establish some general principles of action to guarantee that in such operations sufficient information is available to contrast, through the data and characteristics of the dwelling, which can be considered decent and adequate for a person or unit to of coexistence can inhabit it and enjoy it, as required by the Constitution.

II

In accordance with article 148.3 of the Constitution, all the Autonomous Communities have assumed in their Statutes of Autonomy, without exception, full competence in matters of housing. Unlike the State, which can only influence housing policy, with different scopes and on the basis of different powers, the regional legislators can formulate complete regulatory programs for public action on the matter. Therefore, both are committed to articulating their respective actions so that they can be deployed in a coherent, stable and secure regulatory framework that makes possible the reality of the right recognized in article 47 of the Constitution in execution of the measures, actions, corresponding plans and programs and the basic equality of all Spaniards in relation to said right.

Constitutional jurisprudence has also endorsed this scheme of jurisdictional concurrence. The key Judgment for these purposes is the Judgment of the Constitutional Court 152/1988, of July 20, which had as its object of analysis one of the state housing plans for public housing protection and which protected the dynamics of said plans. Said Judgment, together with other subsequent ones, have maintained, basically, the initial outline of the Constitutional Court, which upheld the state competence to approve housing plans, fundamentally based on article 149.1.13.ª CE, which attributes to the State the competence related to the general planning of economic activity, specifically the establishment of bases and coordination of this planning.

But, there are other titles of competence that require the State to address this legislative task. In the first place, that of article 149.1.1.ª EC to regulate the basic conditions that guarantee the equality of all Spaniards in the exercise of rights and in the fulfillment of constitutional duties, in this case, in relation to the right of home ownership, but also with the exercise of the constitutional right to enjoy decent and adequate housing and even with the rights to privacy and the inviolability of the home, since the habitual residence is where the vast majority of people have their home and exercise the privacy of their personal and family life. The dignity and adequacy of housing are, therefore, also conditions for the exercise of these rights of the people who inhabit it.

Secondly, there are the state powers in matters of commercial law (article 149.1.6.ª EC) and civil law (article 149.1.8.ª EC) in relation to contracts linked to access to housing, as it has admitted without hesitation constitutional jurisprudence (at.,for all, the Judgment of the Constitutional Court 15/1989, of January 26). Thirdly, it is worth mentioning the establishment of the bases for the organization of credit, banking and insurance (article 149.1.11.ª CE), making it obvious that the production of homes by developer companies and their acquisition by citizens requires, mostly, from loans granted by credit institutions, a matter in which state jurisdiction is relevant. In close connection with this state competence would also be the one related to general treasury and State debt (article 149.1.14.ª), which constitute competence titles that have been exercised by the State in the regulation of agreed or qualified loans or in the granting of financial aid. Lastly, the state competence to enact basic legislation on environmental protection (article 149.1.23.ª EC), also leads the State to issue a standard on housing, given the environmental repercussion of the production and use of housing, as well as the competence related to the bases of the mining and energy regime (article 149.1.25.ª CE), since the housing subsector is a key area in relation to efficiency and energy saving measures.

That is, a whole host of titles of competence, the exercise of which by the state requires the approval of state regulations on the matter of housing, without prejudice, of course, to the legitimate exercise of the exclusive powers in said matter assumed by the Autonomous Communities and also by other public administrations. , particularly the municipal one, to which the promotion and management of public protection housing with criteria of financial sustainability is attributed as its own competence by virtue of article 25.2 of Law 7/1985, of April 2, on the Bases of the Local Regime.

III

This Housing Law, based on the aforementioned state powers, seeks the establishment of a homogeneous regulation of the most essential aspects of housing policies that affect both, as has been indicated, not only the satisfaction of the right of access to housing, but also to other constitutional rights and to the country's economic activity. And this from a double aspect, a legal-public one, as is the one contemplated, mainly, in the preliminary title and in titles I to III, and another legal-private aspect, more present in title IV.

Within this framework, the objectives pursued by the law are the following:

− Establish a basic regulation of the rights and duties of citizens in relation to housing, as well as those associated with home ownership, applicable to the entire national territory.

− Facilitate access to decent and adequate housing for people who have difficulties accessing housing under market conditions, paying special attention to young people and vulnerable groups and favoring the existence of an offer at affordable prices and adapted to the realities of urban and rural areas.

− Provide effective instruments to ensure the functionality, safety, universal accessibility and habitability of homes, thus guaranteeing the dignity and health of the people who inhabit them.

− Define the fundamental aspects of state planning and programming in the field of housing, in order to favor the exercise of constitutional law throughout the territory.

− Regulate the basic legal regime of public housing parks, ensuring their development, protection and efficiency to serve those sectors of the population with greater access difficulties.

− Foster the development of housing typologies suitable for the different forms of coexistence and housing, favoring adaptation to the dynamics and current demands of households.

− Improve protection in housing purchase and lease operations, introducing a minimum of information necessary to provide security and guarantees in the process.

To advance in the fulfillment of these objectives, the law is structured in five titles and contains 36 articles, six additional provisions, four transitory provisions, one repealing provision and nine final provisions.

In the first place, in the preliminary title, the object and purposes of the law are specified and the corresponding legal definitions are established. In addition, the policies aimed at satisfying the right of access to decent and adequate housing as a service of general interest are configured, both through the creation and management of public housing parks and through those actions, public and private, that have by objective the provision of homes subject to some regime of public protection.

Public housing policies must be oriented from this double perspective, on the one hand, it is essential to fulfill the mandate of article 47 EC, that the competent territorial administrations develop their respective public housing parks to allocate them, as a priority, to satisfy the need for housing of the most disadvantaged groups, in situations of vulnerability or social exclusion and, in general, of all those who have difficulties accessing housing in the market.

On the other hand, public policies must favor the existence of a sufficient and adequate supply of housing, which responds to the existing demand and allows the balance of the market, ensuring its transparency and proper functioning.

Finally, the preliminary title also regulates, as is already done in the field of urban planning or the environment, public action to demand compliance with the applicable regulations in this matter and defines the principle of equality and non-discrimination in the housing field.

In title I, essential aspects of the constitutional right to decent and adequate housing are regulated, collecting the basic statute of the citizen in relation to housing, as well as the basic legal regime of the right to home ownership, defining the powers and duties what it entails Among other aspects, in areas with a stressed residential market, a legal duty of information is introduced on the part of large holders, at the request of the competent Administration in housing matters, in order to ensure compliance with the duties associated with the right to home ownership, especially in these environments where improper retention and vacancy practices must be avoided, which could have very negative effects on the residential market at the local level.

In this context, the general definition of the concept of "large holder" is understood as the natural or legal person who owns more than ten urban properties, excluding garages and storage rooms, or a constructed area of ​​more than 1,500 m.², in the terms already included in Royal Decree-Law 11/2020, of March 31, by which urgent complementary measures are adopted in the social and economic field to deal with COVID-19, limiting in the text of the law those real estate and surface that is for residential use. Although, it is specified that this general definition may be specified in the declaration of stressed residential market environments, being able to reach owners of five or more urban properties for residential use that are located in said environments.

In any case, the definitions included in the law are established for the purposes of the provisions of the law itself, respecting in any case the existing definitions or those that could be adopted within the framework of the legislation of the autonomous communities on this matter.

Through all of this, the aim is to favor the balance between the housing offer and the need for habitual residence in areas defined as having a stressed residential market, promoting the instruments, planning and measures necessary to reverse, from the public powers, such situation. It cannot be ignored that a good part of these normative contents were already present, in one way or another, in some autonomous laws, but it is precisely the absence of regulation in other Autonomous Communities, which emphasizes the need to establish, precisely because of the State, some common legal frameworks of such essential and basic aspects for the policies of protection of the right of access to decent and adequate housing. Among them, that the powers of the owners do not cover the antisocial use of housing or discrimination for any reason, among others. Also the definition of the basic rights and duties of the homeowner, such as the use and enjoyment of it, effectively.

In this way, the law establishes a statute of rights and duties of homeowners that takes into account the characteristics of the home itself and the building in which it is located, the urban or rural environment and the particularities of the owner of the property, all aspects that affect the safeguarding of the social function that should be inherent to housing.

Title II includes the fundamental aspects of public action in the field of housing, specifying some principles related to territorial and urban planning and regulating the basic tools of state planning in this matter, with full safeguarding of regional competence in this matter.

Thus, the law articulates public planning and programming policies on two categories of subsidized housing: social housing and limited-price housing.

The social housing park is made up of the set of publicly owned dwellings on land, intended for rent, assignment or other forms of temporary tenure, oriented, as a priority, to meet the needs of the population sectors with the greatest access difficulties. to the house.

Within the social housing park are the public endowment dwellings, which are those that occupy land classified urbanistically as public endowment or that are part of buildings or premises destined for publicly owned facilities and assigned to public service. Public endowment housing may be managed by public administrations, their dependent entities or non-profit entities with social purposes linked to housing, to guarantee access to them for people in situations of vulnerability or social exclusion, on a rental basis. , surface right or other modalities of temporary tenure admitted by the applicable legislation.

Public endowment housing, together with the rest of social housing, will form part of the public housing stock that is specifically regulated in Title III, and which will be subject to limitations to ensure its survival and its destiny as an instrument at the service of public policies. of housing.

The law establishes various mechanisms to expand the supply of social housing: the use of public endowment housing will be allowed to qualify as compatible use of endowment land; It will be possible to obtain land for endowment or social housing charged to urban transformation actions and, in addition, it is guaranteed that endowment housing is built on land from the fulfillment of the duty provided for in letter b) of section 1 of article 18 of the consolidated text of the Land and Urban Rehabilitation Law, approved by Royal Legislative Decree 7/2015, of October 30. To this end, it is prevented that, in municipalities where there is a mismatch between the supply and demand for habitual housing, the delivery of this land can be replaced by other forms of compliance with the duty or that it can be used for other uses of social interest other than the previous one. .

Secondly, within subsidized housing, limited-price housing is defined as that which is subject to administrative limitations on sale and/or rental prices, for a determined period of time. Limited price subsidized housing will be intended for different tenure regimes and its volume and characteristics in terms of surfaces and prices will be conditioned in any case to the demand and needs of households in their territorial area.

Limited-price subsidized housing may be executed, like the other modalities of subsidized housing, on land reserves for housing subject to some public protection regime provided for in letter b) of section 1 of article 20, of the consolidated text of the Law of Land and Urban Rehabilitation, approved by Royal Legislative Decree 7/2015, of October 30, in which case they must maintain this condition permanently as long as the destination of that land is maintained. Although, limited-price housing may also be developed on qualified land with the use of free housing.

In any case, the law guarantees that subsidized housing, whether social or limited-price, cannot be disqualified, except in the case of housing promoted on land whose urban classification does not impose said destination and that do not have public aid for its promotion. , or in those cases that are exceptionally justified in accordance with regional regulations, and in such exceptional cases, the qualification period may not be less than thirty years. In the rest of the cases in which the urban classification of the land imposes said destination, it cannot be modified, nor can the dwellings on said land be disqualified.

But it is also important to highlight the introduction of the concept of incentivized affordable housing, as a necessary figure to increase the supply in the short term. This is a novel concept that is added to subsidized housing as an effective mechanism to increase the supply of housing at affordable prices, considering privately owned housing, including third sector and social economy entities, to whose owner the Competent administration grants benefits of an urban, fiscal, or any other type, in exchange for assigning them to habitual residence under rental regime at reduced prices, or any other temporary tenure formula, of people whose income level does not allow them to access to a house at market price. In this way, the involvement of all public, private and third sector agents is sought in the search for solutions to housing supply problems and the orientation of the existing housing stock to this end, always linking the public benefits that are assigned to these homes to the limitations of use, time limits and maximum prices that, in each case, are determined by the competent Administration.

Title II also includes the declaration of stressed residential market areas, which may be carried out by the competent Administrations in housing matters for the purpose of guiding public actions in housing matters in those territorial areas where there is a special risk of insufficient supply of housing for the population, in conditions that make it affordable for its access in the market, establishing some procedural rules for its declaration for the purposes of state legislation. The main effect of declaring these stressed areas is the drafting of a specific plan that will propose the necessary measures to correct the observed imbalances.

In any case, it should be noted that the common objective of the different public administrations to provide citizens with decent and adequate housing makes it necessary to establish collaboration and cooperation mechanisms and bodies to guarantee their participation and efficiency in achieving the constitutional guarantee. , without waiving the corresponding area of ​​competence. In particular, the State is endowed with the state plans on housing and the different programs on rehabilitation, regeneration and urban and rural renewal, whose content is not only limited to public aid, but rather establishes a set of objectives , lines of action, measures and programs that, over a multi-annual time frame, should periodically mark the State's policy in these matters.

In these plans, priority will be given, among other state actions, to those that promote the proper use and rational and efficient occupation of residential assets; the conservation, maintenance and rehabilitation of homes that constitute habitual residence and whose purpose is to comply with the habitability requirements provided for in the law as well as those that contribute to improving energy efficiency, promote the use of renewable energies and the universal accessibility of the building stock, favoring in any case an increase in the supply of affordable housing with maximum benefits, which go beyond compliance with the requirements of buildings with almost zero energy consumption (EECN), in the context of the provided for in Component 2 "Implementation of the Spanish Urban Agenda: Urban Rehabilitation and Regeneration Plan" of the Recovery, Transformation and Resilience Plan of Spain, giving priority to actions related to the creation, expansion and management of public housing parks; the construction and rehabilitation of homes subject to some public protection regime, as well as those that promote the application of building typologies that respond to the needs of the different stages of the life of people and households, as well as current needs social and composition of the units of coexistence.

Finally, the Housing Advisory Council is established as a consultative body for state housing policies, the creation of which must be subject to regulatory development and which will ensure the participation of the different social agents in the preparation and development of the housing policy. .

Title III establishes the regulation of the basic legal regime of public housing parks, one of the most significant commitments of this law. Said public parks, almost non-existent in Spain if compared to the European Union average, are essential to guarantee access to decent and adequate housing for broad social groups and to mitigate the effects of serious market imbalances. According to the latest estimates of the Housing and Land Observatory of the Ministry of Transport, Mobility and Urban Agenda, it can be noted that in Spain there is a stock of social housing, considering as such, exclusively, publicly owned rental housing, located in the around 290,000 homes. Of which, some 180,000 are owned by the autonomous communities and dependent entities, and another 110,000 homes are owned by town councils and dependent entities. This park of 290,000 social housing barely offers coverage to 1.6% of the 18.6 million households that inhabit Spain, which contrasts with the percentages significantly higher than 15% registered in some of the main neighboring countries, such as France. , United Kingdom, Sweden, the Netherlands, Austria or Denmark, considering the total social housing stock.

This insufficiency of public housing stocks explains, to a large extent, the extraordinary difficulties of large sections of the population to have a home that suits their needs and their economic capacities. Such is the case, for example, of young people who have to delay their emancipation age due to their difficulties in entering the labor market and accessing housing. In fact, the average age of emancipation in our country has suffered a significant decline due to the economic crisis, standing in 2020, according to the latest Eurostat data, at 29.8 years, well above the average for the European Union, which stands at 26.4 years. People who, as a result of the economic crisis or in the context of the health crisis derived from the pandemic, have lost the home they lived in also deserve special consideration; single-parent households, in notable increase; those of the elderly, especially women; with low income; the homeless and all those groups that cannot satisfy their need for housing under market conditions. These circumstances have been joined in the past by the sale of part of said public housing in certain parts of Spain to investment funds, reducing the already dwindling existing social housing stock in our country.

In this context, the law is committed to public parks that will be nourished by the urban and building development of publicly owned land, for which they can count on public-private collaboration formulas. But the public park will also integrate the social housing acquired by the Public Administrations in exercise of the rights of first refusal and retraction, in cases of foreclosure or dation in payment of habitual residence of groups in a situation of vulnerability or in social exclusion or any other dwelling acquired by the public administrations with competences in the field of housing, or assigned to them, which is likely to be used for the purposes of the public housing stock.

In this way, the law prevents improper disposals of the public housing stock from being repeated, and a separate patrimony is established in which the income obtained must always be used for the creation, expansion, rehabilitation or improvement of the public housing stocks. The law establishes that the income from the sanctions that could be imposed for non-compliance with the social function of home ownership, as well as the income from the sale of the assets of the public housing stock, must have the sole purpose of to pay for public housing policies, under the established terms and conditions.

Title IV focuses on reinforcing protection in housing purchase or rental operations, establishing a series of guarantees and information obligations to which persons or entities purchasing or renting housing are entitled, and a series of responsibilities derived from its non-compliance, whether it is the seller or the intermediary in the real estate transaction. In particular, the right of applicants, purchasers or tenants of housing is established to receive information in an accessible format, which is complete, objective, truthful, clear, understandable and accessible, which ensures full knowledge of the conditions of the house object of the operation. Likewise, certain basic requirements of real estate agents and of the information or publicity to which the operators must be subject are established.

Title IV itself includes, without prejudice to the principles and requirements contained in the applicable regional regulations and at a minimum, the information that the person interested in buying or leasing a home that is on offer may require, before of the formalization of the operation and the delivery of any amount on account.

Title IV closes with a series of measures aimed at improving information and the commitment to transparency in housing, in order to ensure the proper functioning of the housing market and access to information, in certain areas that are strategic for the definition of the bases and coordination of the general planning of the economic activity.

Among these areas, public housing stands out. A matter on which institutions such as the Ombudsman have expressly stated the need to advance in information and transparency and in which there is a significant deficit in Spain. In this context, the obligation to prepare and keep updated an inventory of the public housing stock and an annual report specifying the actions taken to reinforce said stock and accommodate it to the existing demand and, in particular, by part of people and households with fewer resources.

Likewise, other areas are included in which objectives and actions to improve information and transparency are established, through the electronic headquarters provided for in article 38 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector. These include the quantification of annual investments in the main housing policy programs, the approximation of uninhabited or empty housing in the territorial area, the characterization of the demand for housing, necessary to guide the main measures in economic policy matters. and fiscal, as well as the public land available for housing, specifying that which is part of the public land patrimony, by virtue of the legal duty of assignment established in the state land legislation.

The law ends with six additional provisions, four transitory provisions, one repealing provision and nine final provisions.

Through the first additional provision, the creation of a database of housing lease contracts is established, which will be linked to the current regional bond registries of the autonomous communities, the Property Registry and other sources of information in the field state, regional or local, in order to increase the information available for monitoring the measures, reinforcing coordination with the autonomous communities in terms of information exchange on rental housing, and establishing a specific process of collaboration with the communities autonomous companies that have advanced in the creation of rental price reference systems in their respective territorial areas.

For its part, the second additional provision reinforces the housing policy as a priority in the State's asset management and, in a special way, in those areas that have been declared as areas of stressed residential market, in which it is necessary to mobilize all the land that can potentially be used for residential purposes to address the scarcity of affordable supply that characterizes such environments.

The third additional provision establishes the provision of a review process of the criteria for the identification of stressed residential market areas, to adapt them to the reality and evolution of the residential market, which will take place three years from the entry into force. of the law, on the basis of cooperation with the competent Administrations in housing matters.

The fourth additional provision regulates the application of the resources of the state housing plans in the intermediation and conciliation procedures prior to the presentation of the claim, introduced in the modification of Law 1/2000, of January 7, of Civil Procedure , which is included in the fifth final provision of the law.

The fifth additional provision establishes the constitution of a working group to improve the regulation of lease contracts for use other than housing and, in particular, seasonal lease contracts.

Regarding the sixth additional provision, due to its particular relevance in the field of housing, certain aspects of the activity of property administrators are regulated, taking into account that it is a professional group of great importance to ensure the guarantee and protection of consumer rights.

The transitory regime of the law includes four transitory provisions. The first transitory provision establishes that the dwellings that were definitively qualified with some public protection regime at the entry into force of the law, will be governed by the provisions of said regime and, as regards the dwellings that are part of the public housing stock , establishes that they will be governed by the provisions of the law and the provisions of the legislation on housing, urban planning and territorial planning that regulate them.

The second transitory provision introduces a series of objectives in relation to the housing stock for social policies, which will operate in the absence of time frames and specific goals defined by the competent territorial administrations. In particular, the objective of reaching 20 percent of housing allocated to social policies in those municipalities in which areas of stressed residential market have been declared, as well as annual evaluation obligations of the degree of achievement of the established objectives and goals, is set. .

For its part, in the third transitory provision, the subjection of suspended procedures is established by virtue of articles 1 and 1 bis of Royal Decree-Law 11/2020, of March 31, by which urgent complementary measures are adopted in the social and to deal with COVID-19 to the conciliation or intermediation procedure provided for in the modification of Law 1/2000, of January 7, on Civil Procedure, which is included in the fifth final provision of the law.

Regarding the fourth transitory provision, it includes the regime of lease contracts entered into prior to the entry into force of the law, and specifies the continuity of the validity of the measures of extraordinary application to current housing lease contracts and , in particular, the collection in article 46 of Royal Decree-Law 6/2022, of March 29, by which urgent measures are adopted within the framework of the National Response Plan to the economic and social consequences of the war in Ukraine.

As for the single repealing provision, it includes the repeal upon the entry into force of the law of all provisions of equal or lower rank that oppose the provisions of the law.

In relation to the final provisions, in the first final provision, a mechanism of an exceptional nature and limited in time is established, which can intervene in the market to cushion situations of tension and grant the competent administrations the necessary time to be able to compensate where appropriate, the supply deficit or correct with other housing policies the deficiencies of the declared areas of stressed residential market. To this end, Law 29/1994, of November 24, on Urban Leases, is amended, establishing for leased dwellings, the possibility that the lessee may avail himself of an extraordinary extension, on an annual basis, and for a period maximum of three years, under the same terms and conditions of the contract in force and, in new lease contracts for homes that have been leased to new tenants, the limitation of rent in these areas is proposed, generally to rent of the previous contract, applying the annual update clause of the rent of the previous contract, allowing certain additional maximum increases in certain cases established by law.

Likewise, in these areas with a stressed residential market, when the owner is a large holder, or in the case of homes that have not been rented as a habitual residence in the last five years when this is justified in the declaration of the area, it will not be possible to exceed the maximum limit of the applicable price according to the system of reference price indices, whose application is defined through a new transitory provision that is introduced in Law 29/1994, of November 24, on Urban Leases.

In the same first final provision, certain improvements are also introduced in the regulation of housing lease contracts through different modifications of Law 29/1994, of November 24, on Urban Leases. Among them, we can highlight the introduction of an extraordinary one-year extension at the end of the contract, which may be requested in proven situations of social and economic vulnerability when the landlord is a large homeowner, as well as the establishment of the obligation that The real estate management expenses and the formalization of the contract are borne by the lessor.

Finally, the first final provision, in order to avoid disproportionate increases in the annual updates of housing rental contracts, through the introduction of a new additional provision in Law 29/1994, of November 24, on Urban Leases, entrusts to the National Institute of Statistics the definition, before the end of the year 2024, of a new reference index for the annual updating of housing lease contracts.

The second final provision includes a series of tax incentives applicable in the Personal Income Tax, IRPF, to the leases of real estate for housing. In particular, an improvement in the IRPF regulation is established to stimulate the rental of habitual residence at affordable prices, through the modulation of the current reduction of 60 percent in the net yield of the rental of housing, establishing that, in the new lease contracts, the reduction percentage will be 50%, which may be increased up to 90 percent, in the event that new housing lease contracts are signed in areas with a stressed residential market with a reduction of at least 5 percent on the contract former. This reduction may reach 70 percent when it comes to the incorporation into the housing market for rental in areas with a stressed residential market and they are rented to young people between 18 and 35 years of age in said areas, or in the case of incentivized or protected affordable housing. , leased to the public administration or entities of the third sector or of the social economy that have the status of non-profit entities, or hosted by a public housing program that limits rental income. And, you can achieve a reduction of 60 percent on the net income when rehabilitation works have been carried out in the two previous years.

Through the third final provision, the surcharge on permanently unoccupied residential properties is modulated in the Real Estate Tax, IBI, which may be applied to those homes that have been empty for more than two years, with a minimum of four homes per owner, except for justified causes of temporary vacancy, assessed by law. Likewise, the increase in the surcharge currently located at 50 percent of the IBI liquid quota is established up to a maximum of 150 percent, depending on the duration of the vacancy and the number of homes also vacant that are of the same owner in the term municipal, with the aim of having a greater effect in optimizing the use of the residential building stock and reinforcing the instrument of the Town Halls to deal with situations of unoccupied housing through taxation.

For its part, the fourth final provision modifies the revised text of the Land and Urban Rehabilitation Law, approved by Royal Legislative Decree 7/2015, of October 30, increasing the percentage of land reserved for subsidized housing from 30 to 40 percent of the Residential buildability provided for by urban planning on rural land that will be included in new urbanization actions, and from 10 to 20 percent in the case of urbanized land that must undergo urbanization reform or renewal actions.

Through the fifth final provision, important improvements are introduced in the regulation of the eviction procedure in situations of vulnerability, through a modification of Law 1/2000, of January 7, on Civil Procedure. Among other aspects, we can highlight the elimination of the need for the consent of the interested party in the transfer to the competent public Administrations to verify their situation of vulnerability in eviction procedures, the scope of protection is extended when situations of vulnerability are identified, the introduction of different technical improvements in the wording and, in accordance with jurisprudential and international standards, an automatic suspension system is not established by the Justice Administration Lawyer if vulnerability is proven, but rather a decision system by the court after a weighted assessment and proportional to the specific case, setting a suspension period of two months for natural persons and four months for legal persons, increasing the current periods of one and three months, respectively.

The fifth final provision also introduces a conciliation or intermediation procedure in cases in which the plaintiff has the status of large homeowner, the property that is the subject of the claim constitutes the habitual residence of the occupant and it is in a situation of economic vulnerability. The application of this procedure will make it easier for the competent Administrations to give adequate care to the people and households affected, offering a response through different social protection instruments and housing policy programs.

The sixth final provision extends the extraordinary limitation of the annual update of the rent of the housing leases contained in article 46 of Royal Decree-law 6/2022, of March 29, by which urgent measures are adopted within the framework of the National Plan to respond to the economic and social consequences of the war in Ukraine. Specifically, the measure is temporarily extended by establishing a limitation of 3 percent in the annual update of the rent of housing lease contracts in the period between January 1 and December 31, 2024.

Likewise, some specific parameters of economic vulnerability are established based on objective criteria and, in the case of occupations of dwellings that have to be substantiated in criminal proceedings, it is established through a new additional provision that the Courts will transfer the situation to the competent Public Administrations, for the protection of dependent persons, persons with disabilities, victims of violence against women or minors.

Lastly, the seventh final provision details the titles of competence that enable state legislation to assume the various contents that make up the former, the eighth final provision enabling regulatory development and the ninth final provision establishing the entry into force of the rule.

IV

The law conforms to the principles of good regulation provided for in article 129 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations.

In this way, the principle of necessity and effectiveness is complied with, fully justified by the social and economic relevance of housing challenges and the adequacy of the measures and provisions contained in the law aimed at addressing them on the basis of the necessary inter-administrative cooperation. Likewise, the principles of legal certainty, proportionality and efficiency are complied with, highlighting that the measures it incorporates are consistent with the legal system and incorporate the best possible alternative to achieve the previously detailed objectives, without implying the contents of the standard. no type of administrative burden.

Regarding the principle of legal certainty and transparency, the law has followed the procedures of prior public consultation, as well as public hearing and information, provided for in article 26 of Law 50/1997, of November 27, of the Government, in its processing. although this principle is reinforced through the clear and accessible statement of the reasons and objectives of the standard, which are included in this explanatory part and in the mandatory regulatory impact analysis report.

PRELIMINARY TITLE

General disposition

Article 1. Object of the law.

1. The purpose of this law is to regulate, within the scope of the State, the basic conditions that guarantee equality in the exercise of rights and in the fulfillment of constitutional duties related to housing and, in particular, the right to access decent and adequate housing and the enjoyment of it in affordable conditions, in compliance with the provisions of the international instruments ratified by Spain and respecting in all cases the powers of the autonomous communities and, specifically, those attributed to them in housing matter.

2. In order to ensure the exercise of the right to housing, this law will also regulate the basic content of the right to own housing in relation to its social function, which includes the duty to allocate it to residential use. provided for by the legal system, within the framework of territorial and urban planning instruments, as well as maintaining, conserving and rehabilitating housing, attributing to the public powers the function of ensuring its proper compliance, within the scope of their respective powers, through the application of legally appropriate measures.

3. The law also aims to reinforce the protection of access to complete, objective, truthful, clear, understandable and accessible information, in housing purchase and lease operations.

Article2. Purposes of public housing policies.

The common purposes of the action of the public powers in the field of housing, within the scope of their respective competences, are:

a) The effectiveness of the rights of access in affordable conditions to decent and adequate housing in accordance with the Spanish Constitution and the recommendations of the international instruments ratified by Spain.

b) Promote the effective use and enjoyment of the home, under the legal tenure regime, as well as its maintenance, conservation and, where appropriate, rehabilitation and improvement.

c) Ensuring the habitability of homes, understood as the set of minimum quality, functionality and universal accessibility requirements that, in accordance with the applicable regulations, they must comply with in order to guarantee the dignity and health of people, to satisfy their housing needs at different stages of their lives, with special attention to the needs of minors, for whom housing also constitutes a fundamental space for development, security and shelter, and as a basis for the effective exercise of rights and freedoms.

d) Promote inter-administrative collaboration, favoring coherence and transparency in public housing policy actions, as well as coordination with the other sectoral policies, and guarantee the participation of citizens and representative entities of civil society in the housing field.

e) Protect the stability and legal security in the ownership, use and enjoyment of housing, with special attention to persons and households in a vulnerable situation or risk, and specifically to families, households and cohabitation units with dependent minors, through effective measures in the field of housing and ensuring due coordination with complementary measures of social care, training, employment and other accompanying actions.

f) Foster the development, management and maintenance of public housing parks to ensure a significant and stable offer of decent and adequate housing for the social sectors with the greatest difficulties in accessing housing in the market, through the necessary investment each year budgetary and attending to the characteristics and needs of all territorial areas, affected by different dynamics of growth or loss of population.

g) Promote the rehabilitation and improvement of existing homes, both in private and public housing, through programs and measures in the field of sustainability, energy efficiency and use of renewable energy, habitability, universal accessibility, conservation, improvement of security of use and digitization, favoring comprehensive approaches and specifically contemplating the characteristics of housing in rural areas.

h) Promote and foster the existence of a sufficient and adequate supply of rental housing at affordable prices, with special attention to young people and households in a vulnerable situation or risk, enabling effective mechanisms for regulation and land use, and developing measures and programming and planning instruments that make it possible to meet the real needs of the applicants and favor social and territorial cohesion.

i) Support the existence of social housing parks of third sector entities, which are complementary to public housing parks and expand the offer of accommodation and housing for vulnerable groups and households, with special attention to families, households and units of Living with dependent minors.

j) Achieve maximum efficiency in the management of available resources to promote access to decent and adequate housing, promoting, where appropriate, public-private collaboration formulas.

k) Protect basic rights and legitimate interests in housing purchase and lease operations, defining responsibilities and ensuring access to sufficient and adequate information.

l) Eliminate any type of discrimination, for any reason, in access to housing and enjoyment thereof, ensuring integration, inclusion and social and territorial cohesion in housing policy actions and measures.

m) Promote universal accessibility in the housing stock, ensuring its effectiveness in new homes and adopting measures to solve the unforeseen needs in the pre-existing housing stock.

n) Adopt measures to identify and prevent speculative retention, residential segregation, overcrowding processes, serious residential exclusion such as slums or homelessness and the degradation of the conditions of the existing housing stock and its surroundings, to allow the development of its residential function and the improvement of the quality of life.

ñ) Guarantee equality, from the perspective of gender, age, capacity and territorial perspective, in all housing policies and actions, at all levels, and in all phases of planning, execution and evaluation.

o) Control and guarantee the responsible use of sufficient public resources, to meet the objectives of the housing policy by the competent Administrations and apply, in the management of the public park, criteria of co-responsibility of its occupants.

p) Prioritize attention and information to families, households and cohabitation units with dependent minors who, due to being in a situation of poverty, social exclusion or other forms of vulnerability, should be subject to special protection.

q) Contribute to the application of housing policies to correct territorial imbalances, both in urban and metropolitan areas and in rural areas, which may be more affected by depopulation phenomena.

r) Promote transparency and guarantee the participation in the development of public housing policies of the agents that intervene in the real estate market, particularly social housing promoters, citizen associations in defense of the right to housing, associations of tenants and owners, property managers and real estate agents.

s) Promote the social economy, promoting the participation of social and assistance entities in the field of housing.

Article3. Definitions.

For the purposes of the provisions of this law, and as long as they do not conflict with those regulated by the competent housing administrations, in which case, and for the purposes of their regulation, those shall prevail, the following definitions are established:

a) Housing: building or part of a building of a private nature and intended for residence and habitation of people, which meets the minimum habitability conditions legally required, being able to have access to common spaces and services of the building in which it is located , all in accordance with the applicable legislation and with urban and territorial planning.

b) Infra-housing: the building, or part of it, intended for housing, which does not meet the minimum conditions required in accordance with the applicable legislation. In any case, it will be understood that the dwellings that fail to comply with the surface, number, size and characteristics of habitable rooms do not meet these conditions, those that present serious deficiencies in their endowments and basic facilities and those that do not meet the minimum requirements of security, universal accessibility and habitability required of the building.

c) Dignified and adequate housing: housing that, due to its size, location, habitability conditions, universal accessibility, energy efficiency and use of renewable energies and other characteristics thereof, and with access to basic supply networks, responds to the residence needs of the person or unit of coexistence in affordable conditions according to the financial effort, constituting their domicile, dwelling or home in which they can live with dignity, safeguarding their privacy, and enjoy family or social relationships, favoring the full development and social inclusion of people.

d) Affordable conditions according to the financial effort: those conditions of sale or rental price that avoid an excessive financial effort of the households taking into account their net income and their particular characteristics, considering both the mortgage payment or rental income, as well as the Basic expenses and supplies that correspond to satisfy the mortgaged owner or the lessee, generally not exceeding 30 percent of the income of the coexistence unit.

e) Basic expenses and supplies: the amount of the cost of energy supplies (electricity, gas, diesel, among others), running water, telecommunication services, and possible contributions to the community of owners, all of them from the Habitual housing.

f) Provided housing: housing subject to a special regime to be used as the habitual residence of people with difficulties in accessing the housing market, both in urban and metropolitan areas, as well as in rural areas. For the purposes of this law, the following modalities are established: social housing, or limited price housing.

1st Social housing: publicly owned housing intended for rent, assignment or any other temporary tenure formula subject to rent or sale limitations and intended for persons or households with difficulties in accessing housing on the market. Social housing will also be considered to be that whose land is publicly owned on which a surface right, administrative concession or equivalent legal transaction has been established.

Social housing may be developed on land classified urbanistically as public endowment or be included in buildings or premises for publicly owned facilities and public service.

Social housing may be managed directly by public administrations or dependent entities, by non-profit entities with social purposes linked to housing, or through public-private collaboration formulas that are compatible with its nature.

Social housing that is intended to address emergency situations may be considered as emergency social housing, offering a short-term and temporary housing solution, universally and until a permanent alternative housing is provided, to individuals and families. in a situation of loss or impossibility to access adequate housing, regardless of the documentary and administrative conditions of the affected persons.

2nd Limited-price subsidized housing: publicly or privately owned housing, excluding social or public endowment, subject to rental price limitations and all other requirements established by law or regulation and intended to satisfy the need for housing of people or households who have difficulties accessing housing on the market. Limited-price housing will be classified as such in accordance with the procedure established by the competent Public Administration.

g) Incentivized affordable housing: for the purposes of the provisions of this law, it will be considered as privately owned housing, including third sector and social economy entities, to whose owner the competent Administration grants benefits of an urban, fiscal nature , or of any other type, in exchange for assigning them to habitual residence on a rental basis, or any other temporary tenure formula, of people whose income level does not allow them to access housing at market price. The public benefits that are assigned to these homes will be linked to the limitations of use, time limits and maximum prices that, in each case, are determined by the competent Administration.

h) Third sector housing and accommodation park: the set of properties owned or managed by non-profit entities with social purposes linked to housing, intended to meet the housing or accommodation needs of people or households in vulnerable situations or at risk of social exclusion, or provide affordable housing to broad layers of society.

i)  Habitual residence: the dwelling that constitutes the permanent address of the person who occupies it and that can be accredited through the data contained in the municipal register or other legally valid means.

j) Secondary residence: all that dwelling that is used by its owner for temporary or intermittent stays, and that does not constitute his habitual residence.

k) Large holder: for the purposes of the provisions of this law, the natural or legal person who is the owner of more than ten urban properties for residential use or a constructed area of ​​more than 1,500 m²for residential use, excluding in any case garages and storage rooms. This definition may be specified in the declaration of stressed residential market environments up to those owners of five or more urban properties for residential use located in said area, when so motivated by the autonomous community in the corresponding supporting report.

l)  Homelessness: life circumstance that affects a person, family or household that cannot sustainably access decent and adequate housing in a community setting and leads the individuals, families or households that suffer from it to reside on public roads or other inadequate public spaces, or use institutionalized collective accommodation alternatives from the different public administrations or non-profit entities, or reside in inadequate housing, whether temporary or not, inappropriate or overcrowded, in unsafe housing, without legal title, or with notification of abandonment of the same, or living under threat of violence.

It may be classified as chronic homelessness, when the situation of homelessness continues or occurs over a period of time equal to or greater than one year.

Article4. Services of general interest.

1. For the purposes of targeting public funding, they are considered services of general interest, as key elements of economic, social and territorial cohesion, those determined by the competent administrations in the matter, and in the field of competence State or collaboration of the State with the other administrations:

a) The development of the necessary actions for the creation, expansion, conservation and improvement of the public housing stock, by the competent public Administrations and their instrumental or dependent entities, as well as their management to ensure their effective use under affordable conditions, as defined in the previous article or in the corresponding regional regulations.

b) Activities, public or private, whose purpose is the construction or rehabilitation of homes subject to a public protection regime that sets a maximum sale and rental price, intended for individuals or households that meet the pre-established requirements based on objective criteria that define their economic and social situation.

c) The development of the necessary actions by the competent public Administrations and their instrumental or dependent entities, aimed at promoting the improvement of the conditions of habitability, accessibility or energy efficiency of residential buildings, publicly and privately owned .

2. The services of general interest indicated in the previous section may be executed directly by the public Administrations or their instrumental or dependent entities, or they may be carried out through agreements with the owners, with the legally constituted entities of the third sector and the social economy, or through different formulas of public-private collaboration, in compliance with the current legal framework, taking into account the nature of the collaboration.

Article5. public action.

1. The acts and provisions issued in application of title II, title III and chapter II of title IV of this law may be challenged, in addition to those who are entitled to do so, under the terms provided in Law 39/2015, of 1 October, of the Common Administrative Procedure of Public Administrations, and in Law 29/1998, of July 13, regulating the Contentious-administrative Jurisdiction, by non-profit legal entities that, through the exercise of this action, defend general interests related to housing protection. Said exercise may not be contrary to good faith, nor constitute an abuse of rights.

2. For the purposes of the provisions of article 31 of Law 29/1998, of July 13, regulating the Contentious-administrative Jurisdiction, the exercise of this action may not in any case include a claim for recognition and restoration of an individualized legal situation , unless the person bringing the action is the one who is entitled to hold a right or legitimate interest affected. The resignation or withdrawal of the same, either in administrative proceedings, or in contentious-administrative proceedings, may not imply economic compensation.

Article6. Principle of equality and non-discrimination in housing.

1. By virtue of the principle of equality and non-discrimination in housing, all people have the right to use and enjoy decent and adequate housing, complying with the legal and contractual requirements established in current legislation and regulations, without suffering discrimination, exclusion, harassment or violence of any kind.

2. The competent Administrations must guarantee compliance with the provisions of section 1, adopting the necessary protection measures to prevent and deal specifically with the following situations that affect the use and enjoyment of the home:

a) Direct discrimination, which occurs when a person or group of people receives, in some aspect related to housing, different treatment from that received by another person in a similar situation, provided that the difference in treatment does not have a legitimate cause that justifies it objectively and reasonably, and the means used are proportionate, adequate and necessary.

b) Indirect discrimination, which occurs when a regulatory provision, a plan, a conventional or contractual clause, an individual agreement, a unilateral decision, an apparently neutral criterion or practice, produces a particular disadvantage for a person or group of persons with respect to others in the exercise of the right to housing. There is no indirect discrimination if the action has a legitimate purpose that justifies it objectively and reasonably and the means used to achieve this purpose are proportionate, adequate and necessary.

c) Real estate harassment, understood as any act or omission with abuse of rights with the aim of disturbing any person in the peaceful use of their home and creating a hostile environment, whether material, personal or social, with the ultimate purpose of forcing her to make an unwanted decision on the right that protects her to use and enjoy the home.

d) The sale, lease or transfer operations by any title, complete or partial, for the residence of substandard housing, overcrowded housing and any form of illegal accommodation, or with respect to assets over which there is no legitimate right that empowers the effect or representation thereof.

TITLE I

Social function and legal regime of housing

Article7. Guiding principles of the guarantee of the social function of housing.

1. According to the delimitation of the right to decent and adequate housing carried out in article 47 of the Spanish Constitution, and considering that housing fulfills a social function since it constitutes a good destined to satisfy the basic housing needs of individuals, families and cohabitation units, it is the responsibility of the competent public administrations to ensure the promotion of the necessary conditions to guarantee the effective exercise of said right in affordable conditions and with special attention to families, households and cohabitation units with dependent minors, through the statute of rights and duties associated with housing, under the terms set forth in this law.

2. For compliance with the provisions of the previous section, the public powers, within the scope of their respective powers, must articulate the effective mechanisms to ensure their due protection, conservation, rehabilitation and improvement, in the terms provided by this law and in accordance with current legislation and regulations on housing.

CHAPTER I

Basic statute of the citizen

Article8. Rights of the citizen in relation to housing.

All citizens have the right to:

a) Enjoy decent and adequate housing, under the terms provided by this law, whether under ownership, lease, assignment of use, or any other legal tenure regime.

b) Access the information available to the public administrations on public housing programs and the conditions of access to them in accessible formats for people with disabilities, as well as on the benefits, aid and public resources available to guarantee access to housing for people and families in vulnerable situations.

c) Request registration in the registers of applicants for subsidized housing constituted for this purpose by the competent public administrations in the matter, and in the different programs, benefits, aid and public resources for access to housing, depending on their social situation and financial situation, as well as their personal and family circumstances.

d) Participate in public housing programs, and access public housing benefits, aid and resources under the terms and conditions established in its regulatory regulations.

Article9. Duties of the citizen in relation to housing.

All citizens have the duty to:

a) Respect and contribute to preserving the housing stock, avoiding the performance of any annoying or unhealthy activity that is disruptive to the exercise of the right of use and enjoyment indicated in the previous article.

b) In relation to the dwelling that is inhabited, carry out the corresponding conservation, repair or improvement actions in accordance with the legal tenure regime by virtue of which it is disposed of.

c) Respect the peaceful tenure of the same and refrain from carrying out any type of activity that prevents or hinders it.

d) In relation to housing purchase or rental operations, comply with the duties legally established for the transferor or intermediary defined in Title IV and other applicable regulations in said operations.

e) In relation to the public housing stock, pay attention to its special importance as an instrument of action in favor of the right to housing and ensure its adequate maintenance and conservation, so that it can serve households with the greatest difficulties.

CHAPTER II

Basic legal regime of the right to home ownership

Article10. Content of the right to own a home: powers.

1. In addition to the rights recognized in state land legislation based on the basic situation of the land on which the dwelling is located, in accordance with applicable land and urban planning legislation, the right to property of the house includes:

a) The powers of use, enjoyment and disposition of the same according to its qualification, condition and objective characteristics, in accordance with the legislation on housing and the rest that results from application.

b) The right to consult the competent Administrations, regarding the urban situation of the dwelling and the building in which it is located.

c) The carrying out of conservation, rehabilitation, universal accessibility, expansion or improvement works, in accordance with the conditions established by the competent Administration and, where appropriate, the authorizing title for such actions, when this is legally required.

2. It is the responsibility of the Administrations competent in housing matters to ensure the full exercise of the rights of home ownership, acting in a concerted and coordinated manner in promoting the actions provided for in the legislation and in the applicable plans and programs to favor access to housing. To this end, all measures provided for in the legislation on the matter may be adopted and executed, and in particular, the following:

a) Aids and public subsidies.

b) Tax incentives.

c) Direct management by the Public Administrations or their instrumental entities, or in collaboration with third parties, of the public housing parks.

d) Collaboration with third sector entities whose social purposes are linked to housing, to facilitate the management of housing belonging to public parks, as well as the management of their own social housing stock.

e) Promotion of private initiative through agreements with homeowners for their transfer to the competent public administrations or other formulas to favor the increase in the offer of social or affordable rental.

f) Actions to promote intermediation in the housing rental market to promote its effective occupation.

Article11. Content of the right to own a home: duties and charges.

1. In addition to the duties established in the state land legislation based on the basic situation of the land on which the house is located, in accordance with the applicable legislation on territorial and urban planning, the property right of housing is delimited by its social function and includes the following duties:

a) Own and effective use and enjoyment of the dwelling in accordance with its qualification, condition and objective characteristics, in accordance with the legislation on housing and other applicable laws, guaranteeing in any case the social function of the property.

b)  Maintenance, conservation and, where appropriate, rehabilitation of the dwelling under the terms of this law, the legislation on territorial, urban and housing planning, and the instruments approved under its protection.

c) Avoid overcrowding or leasing for uses and activities that fail to comply with the legally required habitability requirements and conditions.

d) In the operations of sale or lease of the dwelling, comply with the information obligations established in the applicable regulations and in title IV of this law.

e) In the event that the home is located in a stressed residential market area, comply with the obligations of collaboration with the competent Administration and provision of information in the terms established in title II of this law.

2. It is up to the Administrations competent in housing matters to declare non-compliance with the duties associated with home ownership, authorizing them to adopt, ex officio or at the request of the party and after hearing, in any case, the obligor, as many measures as provided the legislation of territorial and urban planning and housing.

TITLE II

Action of public authorities in housing matters

CHAPTER I

General principles of public action in the field of housing

Article12. State action on housing, rehabilitation, regeneration and urban renewal.

1. With the aim of promoting the effective exercise of the right of all citizens to enjoy decent and adequate housing, and within the scope of its powers, the State will carry out the necessary planning with its corresponding financing in order to facilitate the effective exercise of the right to housing, as well as to favor the conservation and improvement of the residential stock and its built environment, paying special attention to those groups, individuals and families with greater access difficulties or who may be at risk of residential exclusion and with special attention to those families, households and cohabitation units with dependent minors.

2. The State, in application of the principle of cooperation, may collaborate, in accordance with its own planning, in the financing of the plans that are approved by the autonomous communities and the cities of Ceuta and Melilla in matters of housing, rehabilitation, regeneration and urban renewal, and will propose, within the Sectoral Conference, its own strategic lines, plans and measures that promote said equality and strengthen territorial balance, establishing the appropriate monitoring and evaluation indicators.

3. The action of the State in this matter, within the scope of its powers, must prioritize the attention and application of aid programs to those people, families and cohabitation units that are in situations of greatest social and economic vulnerability identified by the social services, and in a housing emergency because they are affected by eviction procedures or removal from their habitual residence, and their adequate relocation and access to decent and adequate housing must be promoted, taking into account their conditions of social and economic vulnerability, as well as well as their personal and family circumstances, reinforcing the cooperation mechanisms with the competent territorial administrations.

4. The collaboration of the State in these competences must consider the necessary territorial focus of the policies regarding housing, rehabilitation, regeneration and renewal, adopting measures to meet the housing needs both in urban and metropolitan environments and in rural areas, in municipalities that may be affected by depopulation, promoting specific programs with social rental housing, affordable and appropriate to each social, economic and territorial context.

Article 13. Commitment to universal accessibility in the housing stock.

1. The State, within the scope of its powers or in collaboration with the other administrations, will articulate measures to guarantee the universal accessibility of the housing stocks, favoring their adaptation to the functional needs of their residents or recipients, with special attention to disability due to age, accident, acquired illness or other causes, and to families, households and cohabitation units with dependent minors, attending to the specific needs of housing in rural areas.

2. In order to make effective the right of people with disabilities and those who, due to their advanced age, need accessible housing, as well as to adequately address the right of minors who are part of a family nucleus or unit of coexistence, in all newly built housing and in those subject to intervention that require a project as provided for in article 2.2 of Law 38/1999, of November 5, on Building Planning, compliance with the accessibility conditions will be guaranteed and compliance with regulations on accessibility and, in the case of pre-existing homes to the validity of the aforementioned regulations, the application of effective adaptation measures will be promoted, applying aid programs for this purpose, which are added to the application of the reserve funds of the communities of owners.

Article14. Situations of special vulnerability.

1. Housing policies will take special account of individuals, families and cohabitation units living in highly vulnerable and segregated settlements and neighbourhoods, whether in urban or rural areas, the homeless, persons with disabilities, minors at risk of poverty or social exclusion, minors who are no longer under guardianship, and any other vulnerable persons who are defined at the time of the action.

2. To this end, the Administrations responsible for housing may identify, within their territorial scope, the areas that require regeneration and urban renewal actions to advance in the eradication of substandard housing, through integrated actions that prevent and repair the social and residential exclusion of the resident population.

3. In a complementary way, in order to fight against the phenomenon of homelessness, it corresponds to the competent Administrations, in accordance with the provisions of their regulatory framework, the programming of specific measures to deal with it, promoting access to housing solutions in their territorial scope accommodation in adequate conditions for homeless people and the full inclusion of homeless people from an integrated and intersectoral perspective, and enabling adequate complementarity between the different policies, resources and services, especially in the health field, social, educational and employment.

Article15. Right of access to housing and territorial and urban planning.

1. To ensure the effectiveness of the basic conditions of equality in the exercise of the relevant rights established by this law, and within the framework of the provisions of the revised text of the Land and Urban Rehabilitation Law approved by Royal Legislative Decree 7/2015 , of October 30, establishes the following basic criteria in the field of territorial and urban planning:

a) In order to expand the offer of social or endowed housing, the territorial and urban planning instruments:

1.º They may establish as a compatible use of public land, that intended for the construction of public housing.

2.º They may establish the obtaining of land for social or endowment housing, charged to the urban transformation actions provided for in the corresponding instruments, when so established by the territorial and urban planning legislation and under the conditions established by it.

b) In order to adapt housing to demand and facilitate access to decent and adequate housing, territorial and urban planning will promote the application of building typologies and modalities of housing and accommodation that adapt to the different forms of coexistence , housing and the demands of the life cycle of households, attending, where appropriate, to the casuistry of rural areas. These actions may be both urban and building transformation, in accordance with article 7 of the consolidated text of the Urban Land and Rehabilitation Law, approved by Royal Legislative Decree 7/2015, of October 30.

c) The classification of land as reserved for housing subject to a public protection regime, referred to in letter b) of section 1 of article 20, of the consolidated text of the Law on Land and Urban Rehabilitation, approved by Royal Legislative Decree7 /2015, of October 30, may not be modified, except in exceptional cases in which the urban planning instrument justifies the unnecessaryness of this type of housing or the supervening impossibility of said destination, regardless of whether the conditions or characteristics can be modified of protected housing to meet the demand and needs of the territorial area.

d) The legislation on territorial or urban planning will establish, for the reserve land for housing subject to some public protection regime, included in letter b) of section 1 of article 20, of the revised text of the Law on Land and Urban Rehabilitation, approved by Royal Legislative Decree 7/2015, of October 30, the percentage that must be allocated to housing subject to some public rental protection regime. This percentage may not be less than 50%, except in exceptional cases in which the urban planning instrument justifies it, taking into account the characteristics of the persons seeking housing or other circumstances of the economic and social reality.

e) In order to guarantee the right of access to housing in the municipalities in which one or more areas have been declared as stressed residential market areas, in accordance with the procedure established in article 18.2 of this law, the land obtained in compliance with the duty regulated by letter b) of section 1 of article 18 of the revised text of the Law on Land and Urban Rehabilitation, approved by Royal Legislative Decree 7/2015, of October 30, must necessarily be used for the construction and management of housing social or endowment, and may not be replaced by any other public or social interest use or by other forms of duty fulfillment, unless the need to allocate it to other uses of social interest is proven.

2. In the reform or renovation actions of urbanization on urbanized land established in article 7 of the consolidated text of the Urban Land and Rehabilitation Law, approved by Royal Legislative Decree 7/2015, of October 30, that affect residential environments, They will look for formulas that ensure territorial cohesion and attend to the social and economic reality of resident households, in the terms established by the legislation on territorial and urban planning of the competent administrations.

3. In the regulation of uses in residential environments in the urban environment, the legislation on territorial and urban planning will establish effective instruments to ensure balance, preserve quality of life and access to housing, and ensure compliance with the principle of sustainable territorial and urban development included in article 3 of the consolidated text of the Land and Urban Rehabilitation Law, approved by Royal Legislative Decree 7/2015, of October 30.

4. For the effective development of the actions referred to in section 2, the Autonomous Communities and the Town Halls may justifiably agree, ex officio or at the request of the interested party, the application of the emergency processing procedure in the urban planning instruments that the legislation expressly provides. of territorial and urban planning that corresponds.

Article16. Protected housing.

1. Without prejudice to the conditions and requirements established by regional or municipal legislation and regulations, which will in all cases prevail, subsidized housing will be governed by the following principles:

a) The home must be used exclusively for habitual residence and be occupied for the minimum periods of time established in the applicable legislation and regulations.

b) The adjudication of housing must follow a procedure that ensures transparency, subject to objective criteria that ensure public attendance and give priority to the individuals or groups of applicants who are registered in the public registries established by of the public administrations with competences in the field of housing, taking into account the order established in the aforementioned public records.

c) Persons awarded subsidized housing may not:

1.º Be holders of full ownership or of a real right to use or enjoy any other home, except for the unforeseen inadequacy of the home they occupy for their personal or family circumstances or other duly accredited objective circumstances.

2nd Exceed the maximum income level, based on the characteristics of the cohabitation unit, established by the regulations.

d) The subsidized housing that is promoted on land whose destination is that of housing subject to some public protection regime in compliance with the provisions of letter b) of section 1 of article 20, of the revised text of the Law on Land and Urban Rehabilitation, approved by Royal Legislative Decree 7/2015, of October 30, they will be subject to a permanent public protection regime that excludes disqualification, as long as the qualification of said land is maintained.

In all other cases, subsidized housing will be subject to a permanent public protection regime with the exceptions that regional regulations may exceptionally provide for in the event that there is justified cause duly motivated for their disqualification or for the establishment of a qualification term with fixing the number of years of this, which must be at least 30 years.

In such a case, the return of all or part of the aid received may be established in the event of disposal of the home after its disqualification, as established in its regulatory regulations.

In any case, justified cause will be considered for the above purposes, the promotion of subsidized housing on land whose urban classification did not impose said destination and had not received public aid for its promotion.

e) Its sale or rental will be subject to the prior authorization of the Autonomous Community as long as the dwelling remains subject to the corresponding public protection regime and such authorization may only be granted in favor of persons who meet the requirements set forth in the corresponding regulations to access protected housing, when they meet the following conditions:

1.º It is carried out primarily in favor of individuals or groups of applicants registered in the public registries provided for this purpose by regional or municipal regulations, taking into account the order established in the aforementioned public registries.

2nd The sale or rental price does not exceed the maximum established for this purpose.

The Administration may exercise, within a term not greater than the legal maximum for the granting of the authorization, the rights of first refusal or preferential acquisition and within another equal term after said granting, the rights of withdrawal or preferential acquisition that it establishes, where appropriate, the applicable regional legislation.

2. The competent Administrations may arbitrate the necessary mechanisms to achieve the conditions indicated in the previous section, being able to articulate through specific protocols and agreements with notaries and property registrars.

Article17. Incentivized affordable housing.

1. In order to increase the supply of housing at prices appropriate to the economic situation of households in each territorial environment, the public powers, within the scope of their respective powers, may promote the existence of affordable housing with incentives, which will be subject, as a guideline and without prejudice to what is established in this regard by the competent administrations, to the following rules:

a) Submission of the home to specific destination limitations for a certain time and to maximum rental price limits, which will be proportional and adjusted to the public benefits it obtains, whether urban, fiscal, or of any other nature, determined by the Administration that grants them.

b) Assignment of the property exclusively to the habitual residence of the lessee, who has difficulties in accessing a property at market prices, in accordance with the criteria established by the competent Administration.

c) Unnecessary for the dwelling to be subject to the formal qualification procedure as subsidized housing. However, it will be subject to the procedural rules determined by the competent Administration to guarantee compliance with the conditions indicated in this article.

2. Incentivized affordable housing may be a new development or be already existing housing, provided that in any case they meet the legally established requirements, which ensure their adequacy and quality, contributing to favoring social cohesion.

3. In rural areas subject to population loss phenomena, incentivized affordable housing may accompany the development of strategies for social and economic revitalization, as well as the creation of employment and activity in such areas.

4. Urban planning instruments may promote the placing on the market of rental housing for determined periods of time and at affordable prices, allowing increases in buildability or density or assigning new uses to a dwelling or residential building, including in areas delimited for this purpose.

Article18. Declaration of stressed residential market areas.

1. The Administrations responsible for housing may declare, in accordance with the criteria and procedures established in their regulatory regulations and within the scope of their respective powers, stressed residential market areas for the purpose of guiding public actions in housing matters. in those territorial areas where there is a special risk of insufficient housing supply for the population, under conditions that make it affordable for market access, according to the different territorial needs.

2. Notwithstanding the foregoing, and for the purposes of applying the specific measures contemplated in this law, the declaration of stressed residential market areas must be made by the competent Housing Administration in accordance with the following rules:

a) The declaration must be preceded by a preparatory procedure aimed at obtaining information related to the situation of the residential market in the area, including the indicators of the prices for rent and sale of different types of housing and its evolution over time; the indicators of the level of disposable income of resident households and their evolution over time that, together with housing prices, make it possible to measure the evolution of the economic effort that households have to make to have decent and adequate housing. For this purpose, in relation to the distribution of sale prices, the homogeneous territorial areas of the maps of residential use values ​​prepared by the General Directorate of the Cadastre of the Ministry of Finance and Public Function, in the framework of its annual reports on the real estate market, in accordance with the third final provision of the consolidated text of the Real Estate Cadastre Law, approved by Royal Legislative Decree 1/2004, of March 5.

b) The declaration of a territorial area as a stressed residential market area will imply carrying out an information process in which the information on which said declaration is based must be made publicly available, including studies of the spatial distribution of the population and households, their structure and dynamics, as well as zoning by offer, prices and types of housing, or any other study that makes it possible to demonstrate or prevent imbalances and processes of socio-spatial segregation to the detriment of social and territorial cohesion.

c) The resolution of the delimitation procedure by the Administration competent in housing matters must be motivated by deficiencies or insufficiencies of the housing market in the area, in any of its modalities, to adequately meet the demand for habitual housing and, in all case, at a reasonable price according to the socioeconomic situation of the resident population and demographic dynamics, as well as the particularities and characteristics of each territorial area. The aforementioned resolution must be communicated to the General Secretariat of Urban Agenda and Housing of the Ministry of Transport, Mobility and Urban Agenda.

d) The validity of the declaration of a territorial area as a stressed residential market area will be three years, and may be extended annually following the same procedure, when the circumstances that motivated such declaration subsist and prior justification of the measures and public actions adopted to revert or improve the situation since the previous statement. For the application of the measures contained in this law, on a quarterly basis, the Ministry of Transport, Mobility and Urban Agenda will approve a resolution that includes the list of stressed residential market areas that have been declared by virtue of the procedure established in this article.

3. The declaration of a stressed residential market area established in the previous section will require the preparation of a report that justifies, through objective data and based on the existence of a special risk of insufficient housing supply for the resident population, including the dynamics of forming new homes, under conditions that make it affordable, due to the occurrence of one of the following circumstances:

a) That the average cost of the mortgage or rent in the personal or household budget, plus basic expenses and supplies, exceeds thirty percent of the average income or average household income.

b) That the purchase or rental price of the home has experienced, in the five years prior to the declaration as a stressed housing market area, a percentage of accumulated growth at least three percentage points higher than the percentage of accumulated growth of the price index of consumption of the corresponding autonomous community.

4. The declaration, in accordance with this procedure, of a territorial area as a stressed residential market area will entail the drafting, by the competent Administration, of a specific plan that will propose the necessary measures to correct the imbalances evidenced in its statement, as well as its development schedule.

5. The Ministerial Department responsible for housing, within the framework of the exercise of state powers, may develop, in agreement with the competent territorial administration, a specific program for said areas with a stressed residential market, which will contemplate territorial diversity, both in urban or metropolitan environments as well as in rural areas, which will modify or be annexed to the current state housing plan, and will enable the State to:

a) Promote collaboration formulas with the competent administrations and with the private sector to stimulate the supply of affordable housing in said area and its surroundings.

b) The design and adoption of specific financing measures for that territorial area that could favor the containment or reduction of rental or sale prices.

c) The establishment of additional specific public measures or aid within the current state housing plan, in accordance with the provisions that it may establish.

6. The application of the program established in the previous section may imply the adoption of measures within the Commission for Financial Coordination of Real Estate and Patrimonial Actions, aimed at favoring the increase in the offer of social and affordable housing encouraged in accordance with the provisions in the second additional provision of this law.

Article19. Collaboration and provision of information from large holders in areas with a stressed residential market.

1. In development of the service of general interest established in this law, large homeowners will have the obligation to collaborate with the competent public administrations in housing matters. For this purpose, the public administrations responsible for housing may require large homeowners in areas with a stressed residential market declared in accordance with the provisions of section 2 of the previous article, to comply with the obligation to collaborate and provide information on the use and destination of the homes owned by them that are located in such stressed residential market areas.

2. To this end, in the report that accompanies the proposal for the declaration of a stressed residential market area that is included in section 3 of the previous article, the criteria will be defined for the consideration of a large homeowner in the residential market area. stressed, based on its potential influence, by the volume of properties for residential use owned by it in the rental market of said area, which, based on the definition of large holder included in article 3 of this law, may incorporate additional criteria in accordance with the reality and characteristics of the area or in accordance with the specific regulations of the Administration competent in housing matters.

3. The information to be provided will refer to the previous calendar year, at the request of the Public Administrations responsible for housing, and must be communicated within a maximum period of three months from the aforementioned request, which will include, with respect to the homes owned by the large fork in the area of ​​the residential market stressed, at least, the following data:

a) The identifying data of the dwelling and the building in which it is located, including the postal address, year of construction and, where appropriate, year and type of reform, constructed area for private use by uses, cadastral reference and energy rating.

b) Regime of effective use of the dwelling, in the context of the uses foreseen in the territorial and urban planning instruments.

c) Justification of compliance with the duties associated with home ownership, established in article 11 of this law.

4. Considering the information provided in accordance with the provisions of the previous section, the Public Administrations may establish collaboration formulas with the owners in order to favor the increase in the affordable rental offer in the area.

CHAPTER II

Collaboration and cooperation between public administrations in housing matters

Article20. Collaboration between public administrations in housing matters.

1. With the objective of cooperating in the purposes of the housing policy, and especially in the services of general interest included in article 4 of this law or those included in the regulations of the competent administrations, public administrations, their public bodies and Related or dependent entities will develop the principles of collaboration and cooperation in the field of housing, rehabilitation, regeneration and urban renewal, among others, in the following areas:

a) Sharing the information that each administration or entity has or prepares regarding these matters.

b) By means of the General Action Protocols or agreements signed between the parties to agree on areas and specific commitments for action, whether in the development of state plans, those that refer to areas declared as having a stressed residential market, or others that agreed between the administrations involved.

c) By means of the agreements approved within the cooperation bodies in this area.

2. The administrative instruments of collaboration that are formalized in the area of ​​housing, rehabilitation, regeneration and urban renewal may have a duration of up to 80 years, when the execution of the actions contained therein requires it, either due to its management complexity or by the nature of the agreement between the parties.

Article21. Bodies of Cooperation in matters of housing and land.

The following bodies for cooperation in housing and land matters are established:

a) Housing and Land Sector Conference: is the highest body for cooperation in these matters between the State, the autonomous communities and the cities of Ceuta and Melilla. It will meet at least once a year and will be chaired by the head of the Ministry of Transport, Mobility and Urban Agenda.

b) Multilateral Housing and Land Commission: It will be chaired by the head of the General Secretariat for the Urban Agenda and Housing, and will bring together the heads of the General Directorates competent in these matters. It will meet at least once a year, and in it compliance with the agreements and guidelines issued by the Sectoral Conference will be evaluated, and the issues that are agreed to submit to that Body will be proposed.

c) Bilateral Housing and Land Commissions: they will bring together the competent General Directorates of the State and each autonomous community or city of Ceuta and Melilla, in order to monitor, adopt agreements, or establish coordination criteria between both administrations.

Article22. Inter-ministerial coordination.

The Ministry of Transport, Mobility and the Urban Agenda, or the Ministerial Department responsible for housing, is responsible for coordinating and promoting initiatives that affect housing, rehabilitation, regeneration and urban and rural renewal, in cooperation with other Ministries that may address specific aspects related to these subjects.

This Ministerial Department is also responsible for proposing strategies or measures related to these matters to the Council of Ministers, or to the Government Delegate Commission for Economic Affairs.

CHAPTER III

State action on housing

Article23. State planning and programming in housing.

1. The General State Administration will contribute, in collaboration with the other public Administrations in any of the ways allowed by the legislation regulating the public sector regime, to guarantee the constitutional right to enjoy decent and adequate housing through policy instruments fiscal, economic, social and planning or programming of its competence, taking into account the economic, financial and social reality, in favor of territorial cohesion and the fight against depopulation.

2. To comply with the purpose of the law, the planning and programming instruments of the General State Administration will support the competent territorial Administrations in the execution of housing policies that, prior analysis and determination of needs, ensure the existence of a sufficient and adequate offer of housing in affordable conditions, promoting the rational use of land and promoting the efficient occupation of the residential stock, and ensuring that such instruments have an adequate budget.

For this, the planning and programming of the General State Administration, within the framework of the achievement of the purposes established in this law, will favor and promote as a priority:

a) The rehabilitation and improvement of existing housing, as well as the promotion of housing aimed at the formation of public housing parks.

b) The existence of housing modalities that adapt to social needs.

c) The adequate allocation of aid programs specifically aimed at people and households with the greatest difficulties in accessing housing, with special attention to young people and households subject to greater vulnerability, as well as families, households and living units with minors in charge.

Article24. State plans for housing and urban and rural rehabilitation, regeneration and renewal.

1. The main instruments of action of the State in housing policy will be the state plans for housing and rehabilitation, regeneration and urban and rural renewal. These plans, in coordination with the other state strategies and with other sectoral public policies, will include multi-year planning, which may be linked to measures related to financing, taxation, regulations, support for the provision of housing at affordable prices. through public-private collaboration formulas that allow the creation of an affordable housing fund or of any other type, which are useful to promote access to housing and improve the quality of the residential stock and its built environment and contribute to the achievement of the objectives of the plans.

2. The state plans for housing, rehabilitation, regeneration and urban and rural renewal will be made up of programs that will promote and support the following actions as a matter of priority:

a) Those that promote the rational and efficient occupation of residential assets.

b) The conservation, maintenance, rehabilitation and improvement of homes that are intended or will be used as habitual residence, as well as the regeneration and renovation of their built environment, favoring comprehensive approaches that guarantee universal accessibility.

c) The necessary actions for the creation, expansion and management of public housing parks, both derived from new construction and rehabilitation, aimed primarily at meeting the housing needs of individuals, families and living units in situations of greater social and economic vulnerability.

d) The construction and rehabilitation of homes subject to some public protection regime.

e) The promotion of new types of housing and urban and rural development that are adapted to social needs, as well as actions aimed at promoting citizen access to housing subject to a public protection regime, including financial instruments that promote public-private mechanisms.

f) Actions aimed at promoting access to housing by young people, as well as guaranteeing decent and adequate housing for people in situations of greater social vulnerability, shantytowns, substandard housing or in a housing emergency.

In the identification of the previous actions, a territorial perspective must be incorporated that allows the establishment of specific measures to meet the needs of the different territorial environments and, specifically, those of the small municipalities affected by aging or depopulation processes.

The development of the actions provided for in letters c) and f) may serve to attend to the intermediation and conciliation procedures prior to the presentation of the claim, as well as to care for people and households subject to vulnerability in the procedures included in Articles 439, 655 bis and 685 of Law 1/2000, of January 7, on Civil Procedure.

3. In order to avoid speculation, in addition to the limitations established in this law for subsidized housing, state plans may establish in the application of their programs measures to socially redistribute the benefit obtained, if applicable, as a consequence of the alienation, within the time limit established by said plans, of homes that have obtained public aid to carry out rehabilitation, regeneration and urban or rural renewal works, either through the return of the aid, or other measures that are established.

4. It corresponds to the Government, after hearing the autonomous communities within the Housing and Land Sectoral Conference, the approval of the Plans that specify and develop the state economic policy on housing and that contain the measures that, in each case, established, in accordance with the provisions of the preceding paragraphs. These State Plans may contribute to the financing of the plans that are approved by the autonomous communities or cities of Ceuta and Melilla, under the terms and conditions established for this purpose, without prejudice and in addition to the financing applied to such an effect for them.

5. The state plans on housing, rehabilitation, regeneration and urban and rural renewal will establish programs to promote access to the right to decent and adequate housing by the most vulnerable individuals, families and units of coexistence, in order to promote in any case, an emergency housing solution due to loss, threat of loss, inadequate housing or absence of housing. Likewise, they must incorporate specific programs to promote the supply of sufficient and adequate housing in order to reverse the difficulty in accessing housing, especially in areas declared as having a stressed residential market in accordance with the provisions of this law.

Article25. Public-private collaboration and affordable housing fund.

1. Support for the provision of housing at affordable prices through public-private collaboration formulas that allow the creation of an affordable housing fund, referred to in the previous article, may be carried out through joint work mechanisms between the Public Administrations and the main associations of private housing management entities and entities of the third sector, which make it possible to fulfill the social function of housing.

2. This type of mechanism will foster the formation and expansion of a privately owned affordable housing fund while progress is made, within the framework of collaboration with the territorial Administrations, in strengthening public housing parks.

3. The objective of the affordable housing fund will be to provide new instruments to the territorial Administrations at the service of public housing policies, generating a park of incentivized affordable housing or social housing, especially in those areas in which it is necessary to recover the balance between supply and demand for rental housing, contributing to the moderation of prices. To this end, the specific needs of the different territorial areas must be considered, both in urban and metropolitan areas as well as in small municipalities in unpopulated areas, and the characteristics of each market.

4. The affordable housing fund will be regulated through specific agreements with the associations of private rental housing management entities, third sector entities, or the main operators, which will have the following specific objectives:

a) Give response and support, in coordination with social services and third sector entities, to people and families with fewer resources, avoiding evictions in situations of vulnerability, and establishing collaboration protocols between Public Administrations and private entities managing living place.

b) Increase the stock of affordable and social housing, especially in areas with a stressed residential market.

c) Promote the commitment to allocate a minimum percentage of its park to social or affordable housing.

In the definition of these objectives, a territorial perspective must be incorporated, to meet the needs of the different territorial environments and, specifically, those of the small municipalities affected by processes of aging or depopulation.

5. In the event that the administrations responsible for housing have established an affordable housing fund in their legislation, they may avail themselves of the provisions of this article together with the provisions of their own regulations.

Article26. Housing Advisory Council.

1. In order to ensure the participation of the different social agents in the elaboration and development of the housing policy, the Housing Advisory Council will be the collegiate body, of a technical, advisory and consultative nature of the Ministry of Transport, Mobility and Agenda Urbana in terms of state programming of housing policy.

This Council may be made up of representatives of the different Ministerial Departments with responsibilities related to housing, business associations, professional associations and colleges, financial institutions, third sector associations, the social economy and associations representing affected interests. by the law. Various professionals who are experts in housing matters, as well as from the university and research fields, may also form part of the Council.

2. Regulations, the creation of the Housing Advisory Council will be established, defining its composition, attributions and operation.

TITLE III

public housing parks

Article27. Concept, purpose and financing.

1. Public housing parks are intended to contribute to the proper functioning of the housing market and serve as an instrument for the different public administrations responsible for housing to enforce the right to decent and adequate housing for sectors of the population who have more difficulties accessing the market, with special attention to young people and groups subject to greater vulnerability.

Through the state housing plans and other complementary measures adopted within the scope of the different sectoral public policies, the conservation, improvement and expansion of public housing parks will be encouraged, establishing specific objectives in relation to the number of households. of each territorial area, and other territorial, social and economic variables.

Public housing parks, specifically regulated by regional legislation on housing, urban planning and territorial planning, may be made up of at least:

a) Public endowed housing.

b) The social and protected housing built on publicly owned land, as well as those that have been in exercise of the right of surface, usufruct or assignment of use and for rent with the option to buy, during the time in which it is not activated the corresponding option.

c) The social housing acquired by the Public Administrations in exercise of the rights of first refusal and retraction, in accordance with the provisions of the applicable legislation and those acquired through those same rights, in cases of foreclosure or dation in payment of housing of groups in a situation of vulnerability or social exclusion, as provided for by regional legislation.

d) The social housing acquired by the Public Administrations in urban regeneration or renewal actions, including those integrated into real estate complexes, both free of charge by virtue of compliance with the corresponding urban duties and charges, and onerous.

e) Any other social housing acquired by the Public Administrations with competences in the field of housing, or ceded to them.

2. In order to ensure the financing of the creation, expansion, rehabilitation or improvement of public housing parks, the economic amounts corresponding to the guarantees of the lease contracts deposited in the corresponding regional registries may be used by virtue of the provisions of the third additional provision of Law 29/1994, of November 24, on Urban Leases, except for the obligatory reserve of guarantee of return, and by the Administrations that have been attributed such competence of management of deposits of guarantee.

3. The income from the sanctions imposed for non-compliance with the social function of home ownership, as well as the income from the management and, where appropriate, disposal of assets that are part of the public housing stock must be allocated to the creation, expansion, rehabilitation or improvement of public housing parks, in the terms established in the legislation and regulations that regulate them.

Article28. Guiding criteria in the management of public housing parks.

1. For the management of public housing parks and the fulfillment of their purposes, the Public Administrations competent in housing matters and their attached or dependent entities, in accordance with the provisions of their applicable legislation and regulations, and without prejudice to The specific criteria that it establishes may:

a) Create, expand and manage, directly or indirectly and on the lands owned by them, including those obtained for public endowments, public housing parks, carrying out, when appropriate, the urbanization of the lands in accordance with territorial planning and urban.

b) Grant surface rights or administrative concessions to third parties to build, rehabilitate and/or manage housing in the public park, provided that public ownership of the land is guaranteed, through the corresponding procedures that guarantee transparency and public concurrence in the concession of these rights.

c) Assign public resources to non-profit entities in order to make the management of housing in public parks more efficient and close, provided that such management is reserved to such entities or to the corresponding territorial Administration or instrumental entity and that the allocation is made in accordance with the objectives of coverage of the right to housing and in accordance with the regulatory regulations.

d) Disposal of the patrimonial assets that are part of the public housing parks, through the procedures allowed by the applicable legislation, only to other Public Administrations, their instrumental entities or to non-profit legal persons, dedicated to the management of housing for social purposes, and through the obligation on the part of the new or new holders, to abide by the conditions, terms and maximum rents established, subrogating themselves to their rights and obligations.

2. In the development of the actions provided for in the previous section, special attention must be paid to the particularities of each territorial environment, in order to carry out the type of management and actions that are most in line with the social, economic and territorial characteristics of the demand. .

Article29. Fate of public housing parks.

1. The homes that are part of the public housing parks are intended, in accordance with the provisions of the specific legislation and other applicable regulations, to guarantee the right of access to housing for people and households with the greatest difficulties in accessing a home on the market, due to their social and economic circumstances, taking into account specific vulnerability factors such as the presence of minors in the home or cohabitation unit, as well as the characteristics and particularities of the territorial area.

2. Occupancy and enjoyment of homes that are part of public parks may occur, in accordance with the corresponding legislation and applicable regulations, under rental, assignment of use, or any other legal forms of temporary tenure under the conditions of income and with the requirements established by the respective public Administrations based on the existing demand, the socioeconomic conditions of the recipient individuals, families and cohabitation units and the characteristics of the housing market, incorporating criteria of inclusion, social cohesion and affordability.

3. It is the responsibility of the Public Administrations responsible for housing to develop systems for evaluating compliance with said requirements of public housing parks in accordance with the provisions of the applicable legislation and regulations, in order to guarantee efficient use. of public resources and the co-responsibility of the occupants of the dwelling.

TITLE IV

Protection and transparency measures in housing purchase and rental operations

CHAPTER I

General regime of rights and basic information

Article30. Basic principles of rights, powers and responsibilities.

1. The rights of the applicants, purchasers or tenants of housing, or in any other legal regime of possession and enjoyment:

a) Those recognized in the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, and in the applicable regional legislation.

b) Receiving information, including that provided by advertising media, in an accessible format for people with disabilities or comprehension difficulties, that is complete, objective, truthful, clear, understandable and accessible, on the characteristics of the dwellings, their services and facilities and the legal and economic conditions of their acquisition, lease, assignment or use.

2. All agents that, operating in the housing construction and rehabilitation sector and the provision of real estate services, are empowered to transfer, lease and transfer homes in their own name or on behalf of others, such as developers , owners and other holders of real rights, real estate agents and property administrators, must comply in their activity with the duty of complete, objective, truthful, clear, understandable and accessible information in accordance with the provisions of this law, as well as in the legislation of defense of consumers and users in the case of relations between consumers or users and businessmen, the advertising they carry out being subject to the general legislation that regulates it, with a prohibition, in particular, of any advertising acts with insufficient, deficient or misleading information.

3. For the purposes of the preceding sections, information or publicity is understood as any form of communication addressed to housing applicants, users or the general public in order to directly or indirectly promote the transmission, leasing and any other home transfer form. Information that omits essential information or contains it in terms capable of misleading the addressees or producing economic or legal repercussions that are not admissible is understood to be incomplete, insufficient or deficient, for disturbing the peaceful enjoyment of the home in the usual conditions of use.

Article31. Minimum information in housing purchase and lease operations.

1. Without prejudice to the principles and requirements contained in the applicable regional regulations and at a minimum, the person interested in buying or leasing a home that is on offer may request, before the formalization of the operation and the delivery of any amount on account, the following information, in an accessible format and on a durable medium, about the conditions of the operation and the characteristics of the aforementioned home and the building in which it is located:

a) Identification of the seller or landlord and, where appropriate, of the natural or legal person involved, within the framework of a professional or business activity, to mediate the transaction.

b) Economic conditions of the operation: total price and concepts included in it, as well as the financing or payment conditions that, if applicable, could be established.

c) Essential characteristics of the dwelling and the building, including:

1st Certificate or habitability certificate.

2nd Accreditation of the useful and built area of ​​the dwelling, differentiating in the event of horizontal division the private area from the common ones, and without the ability to count for these purposes the surfaces of the dwelling with a height lower than that required in regulatory regulations.

3rd   Age of the building and, where appropriate, the main reforms or actions carried out on it.

4th Services and facilities available to the dwelling, both individual and common.

5th Certificate of energy efficiency of the house.

6.º Accessibility conditions of the dwelling and the building.

7th State of occupation or availability of the dwelling.

d) Legal information of the property: the registry identification of the property, with the reference of the charges, encumbrances and affections of any nature, and the participation fee established in the title deed.

e) In the case of subsidized housing, express indication of such circumstance and of the subjection to the legal regime of protection that is applicable to it.

f) In the case of buildings that officially have architectural protection because they are part of a declared environment or because of their particular architectural or historical value, information will be provided on the degree of protection and the conditions and limitations for reform or rehabilitation interventions .

g) Any other information that may be relevant to the person interested in buying or leasing the home, including aspects of a territorial, urban, physical-technical, asset protection, or administrative nature related to it.

2. In the same terms as established in the previous section, the person interested in buying or leasing a home may request information about the detection of asbestos or other substances that are dangerous or harmful to health.

3. When the home that is going to be leased as a habitual residence is located in a stressed residential market area, the owner and, where appropriate, the person who intervenes in the intermediation of the operation must indicate this circumstance and inform , prior to the formalization of the lease, and in any case in the contract document, of the amount of the last rent of the habitual residence lease that had been in force in the last five years in the same home, as well as the value that may correspond to it based on the applicable housing rental price reference index.

CHAPTER II

Information and transparency in housing and land

Article 32. Public housing stock.

1. The State, in compliance with the principle of collaboration and cooperation, as well as in guarantee of transparency in the manner implemented in accordance with the competent administrations, must prepare and keep updated an inventory of the public housing stock owned by it and of its affiliated or dependent entities, which will include at least the following information:

a) Identification of the houses that compose it.

b) Fundamental characteristics of the dwellings.

c) Situation of use of the same.

d) Characteristics of the users or households.

2. Annually, a report on the characteristics of the public housing stock and its use, duly updated, will be prepared and published in the electronic headquarters provided for in article 38 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector. allow the creation of a map of social housing to facilitate its access by citizens. Likewise, information will be collected on the actions planned to reinforce the social housing stock in the next four years.

Article 33. Investment in housing policy programs.

1. The State, in compliance with the principle of collaboration and cooperation, as well as in guarantee of transparency, must detail the budget invested annually in the different housing policy programs, through the instruments of collaboration with the competent administrations, differentiating , at least, in the following spending destinations:

a) Aid for housing rentals aimed at tenants.

b) Promotion of affordable or social rental housing.

c) Promotion of housing subject to some type of public protection.

d) Rental intermediation programs.

e) Aid for building rehabilitation, specifically differentiating those that improve energy efficiency and promote the use of renewable energy and accessibility.

f) Urban regeneration or renewal programs, specifying investment in actions in highly vulnerable settlements and neighborhoods, including relocation programs.

2. On an annual basis, the data indicated in the previous section must be published through the electronic headquarters provided for in article 38 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector, specifically indicating the amounts that, in these programmes, have contributed to favoring access to their first home by young people.

Article34. Characterization of the housing stock. Uninhabited or empty dwelling.

1. The State, in compliance with the principle of collaboration and cooperation, as well as in guarantee of transparency in the form that is implemented in agreement with the competent administrations, and based on their information and management systems, will offer information on the use and destination of the housing stock in its territorial area, indicating, in aggregate terms, the number of homes or properties for residential use that are inhabited by households and constitute their main residence, as well as those that have been identified as uninhabited or gaps within its territorial scope, including also in aggregate form, the number of properties to which, where appropriate, the tax surcharge established in article 72 of the revised text of the Local Treasury Regulatory Law, approved by Royal Legislative Decree 2/2004, of March 5.

2. On an annual basis, the data indicated in the previous section must be published through the electronic headquarters provided for in article 38 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector, specifying the measures and actions aimed at the optimization of the use of the housing stock of the territorial area.

Article35. Characterization of housing demand.

1. The State, in compliance with the principle of collaboration and cooperation, as well as guaranteeing that of transparency in the manner implemented in accordance with the competent administrations, must detail the number of people and households registered in the registers of housing applicants. qualified for access to the different housing access programs, differentiating those persons or households that currently reside in their territorial area, from those applicants that reside in other territorial areas. Likewise, the main socioeconomic characteristics of the individuals and households seeking housing will be established based on the information contained in the aforementioned records.

2. On an annual basis, the data indicated in the previous section must be published through the electronic headquarters provided for in article 38 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector, specifying the actions carried out, ongoing and planned to respond to existing demand.

Article 36. Public land available for housing.

1. The State, in compliance with the principle of collaboration and cooperation, as well as in guarantee of transparency in the form that is implemented in accordance with the competent administrations, must detail the available land owned by it and its affiliated or dependent entities, that is endowed with residential building potential by virtue of urban planning instruments, including, at least, the following information:

a) Number of dwellings, constructed area and building type.

b) Situation of the land in terms of urbanization.

c) Situation in terms of urban classification and categorization, differentiating between consolidated urban land, unconsolidated urban land, delimited or sectorized developable land with detailed planning and delimited or sectorized developable land without detailed planning, or equivalent categories.

2. On an annual basis, the data indicated in the previous section must be published through the electronic headquarters provided for in article 38 of Law 40/2015, of October 1, on the Legal Regime of the Public Sector, specifying the land that is part of the public assets of land, obtained in compliance with the legal duty of assignment established in letter b) of article 18.1 of the consolidated text of the Land and Urban Rehabilitation Law, approved by Royal Legislative Decree 7/2015, of October 30.

First additional provision. Database of housing lease contracts and reinforcement of the coordination in the information on lease contracts.

1. For the development of the provisions of this law, a database of housing lease contracts will be created, based on the information contained in the current autonomous registers of bonds of the autonomous communities, in the Property Registry and other sources of information at the state, regional or local level, in order to increase the information available for the development of the System of reference indices for the housing rental price established in the second additional provision of Royal Decree-Law 7/2019, of 1 March, of urgent measures regarding housing and rent.

2. Mechanisms for collaboration with the autonomous communities and other bodies and institutions will be promoted, in order to have accurate information on current housing lease contracts, through the data collected in the different regional and state registries, in order to to adequately monitor the set of measures included in this law and determine progress in meeting the objectives of increasing the supply of rental housing at affordable prices.

3. As the law comes into force, a specific collaboration process will begin between the Ministerial Department responsible for housing and the autonomous communities that have developed rental price reference systems in their respective territorial areas to ensure collaboration between systems, attention to territorial specificities that must be taken into account, as well as the establishment of deadlines to expedite their effective application.

Second additional provision. Priority of housing policy in the management of state assets.

1. The management of heritage assets must contribute to the development and execution of the different public policies in force and, in particular, the housing policy, in coordination with the competent Administrations.

To this end, the Commission for the Financial Coordination of Real Estate and Assets Actions will direct public real estate actions to fulfill the general objectives of this policy, and specifically, with respect to those areas declared under this law of stressed residential market:

a) It will adopt the necessary agreements that establish specific conditions regarding the destination, typology, recipients or other specificities in the different patrimonial businesses of the General State Administration and its Public Bodies.

b) It will analyze the assets of the General State Administration, and of the Public Organizations attached to it, in order to identify possible opportunities for land or other properties susceptible to reuse for residential use.

c) Promote the necessary agreements between the different Ministerial Departments, and specifically between the Ministry of Transport, Mobility and Urban Agenda, competent in matters of housing policy, and the Public Bodies competent in the patrimonial management of the real estate of the Ministries of Defense and Interior, so that collaboration formulas can be found to promote actions to promote the supply of affordable housing.

2. Prior to the initiation of any file for the alienation of real estate owned by the State or its Public Bodies, whose land is classified by the planning as residential, or as endowment when the regulations admit residential use for rent, the General Directorate of Heritage of the State or body that owns the property will request a report from the General Secretariat of Urban Agenda and Housing of the Ministry of Transport, Mobility and Urban Agenda, in order to qualify the affected residential market, indicate if the property is subject to any of the criteria of management adopted by the Commission for Financial Coordination of Real Estate and Patrimonial Actions in accordance with the provisions of the previous section or, where appropriate, propose, in the manner provided for in article 92.3 of the General Regulation of Law 33/2003, of 3 December November, of the Assets of the Public Administrations, approved by Royal Decree 1373/2009, of August 28, that the alienation be carried out through competition.

This report will not be necessary when the sale is for housing and is going to be carried out by direct award to its occupants in the cases permitted by law, or when it comes to the sale of undivided shares in lots for residential use or houses already built.

Third additional provision. Review of the criteria for the identification of stressed residential market areas.

The circumstances established in article 18.3 for the identification of stressed residential market areas will be subject to review three years after the entry into force of the law, to adapt them to the reality and evolution of the residential market, based on the Cooperation with the competent Administrations in the field of housing.

Fourth additional provision. Application of resources from state housing plans in mediation and conciliation procedures.

In the development of mediation and conciliation procedures prior to the presentation of the claim, as well as in the attention to people and households subject to vulnerability in the procedures included in articles 439, 655 bis and 685 of Law 1/2000, of 7 of January, of Civil Procedure, the resources of the state housing plans may be applied by the Autonomous Communities, Ceuta and Melilla to cover the costs of the process as well as the compensation that may be agreed at the request of the owners of the affected properties , or by decision of the competent administration in housing matters, in the terms established in the applicable regional legislation and regulations, in order to guarantee decent and adequate housing.

Fifth additional provision. Working group for the regulation of lease contracts for use other than housing.

Within six months from the entry into force of the law, a working group will be set up to advance a regulatory proposal for the regulation of lease contracts for use other than housing referred to in article 3 of Law 29/1994 , of November 24, of Urban Leases, and, in particular, of the lease contracts entered into by season on urban properties for residential use.

Sixth additional provision. Estate managers.

1. For the purposes of this law and the activities it regulates, property administrators are natural persons who are regularly paid and dedicated to providing administration and advisory services to the owners of real estate and to the communities of property owners. households.

2. The property managers, in order to carry out their activity, must have the required professional training and must comply with the legal and regulatory conditions that are required of them.

3. Farm administrators, in the development of their professional activity, must act with efficiency, diligence, professional responsibility and independence, subject to current legislation and the ethical codes established in the sector, with special consideration towards the protection of consumer rights established by the autonomous communities and in this law.

4. To guarantee the rights of consumers, property managers must take out civil liability insurance, being able to do so directly or collectively.

First transitory provision. Qualified homes with some public protection regime prior to the entry into force of the law.

Homes that, at the entry into force of this law, were definitively qualified with some public protection regime, will be governed by the provisions of said regime, in accordance with the provisions of the applicable legislation and regulations.

The houses that are part of a public housing park will be governed by the provisions of this law and the provisions that regulate it in the legislation on housing, urban planning and territorial planning.

Second transitory provision. Objectives in relation to the housing stock for social policies.

1. In relation to the establishment of the objectives referred to in article 27, after one year has elapsed since the entry into force of this law without the competent territorial Administrations having established time frames and specific goals, the commitment is established as a general reference to reach, within 20 years, a minimum stock of housing for social policies of 20 percent with respect to the total number of households residing in those municipalities in which areas of stressed residential market have been declared.

2. In order to ensure compliance with the objectives of increasing the housing stock for social policies referred to in the previous section and assess the adequate financing of the actions indicated in letter c) of article 27.2, the Administrations competent territorial authorities, in accordance with the provisions of their regulatory regulations, must determine on an annual basis the amounts invested and the degree of progress in achieving the aforementioned objectives.

Third transitory provision. Procedures suspended by virtue of articles 1 and 1 bis of Royal Decree-Law 11/2020, of March 31, which adopts complementary urgent measures in the social and economic field to deal with COVID-19.

After the entry into force of this law, and as of June 30, 2023, the eviction procedures and releases indicated in articles 1 and 1 bis of Royal Decree-law 11/2020, of March 31, by which urgent complementary measures are adopted in the social and economic sphere to deal with COVID-19, which are suspended due to the application of said precepts, when the plaintiff is a large homeowner under the terms provided for in article 3.k) of this law, they will only be resumed at the express request of the same if the plaintiff proves that it has submitted to the conciliation or intermediation procedure established for this purpose by the Public Administrations, based on the analysis of the circumstances of both parties and of the possible existing aid and subsidies in accordance with the legislation and regional regulations on housing.

The above requirement may be accredited by any of the following forms:

1.º The responsible declaration issued by the plaintiff that they have used the services indicated above, within a maximum period of five months prior to the presentation of the request to resume the process or lift the suspension, without having been attended to or the corresponding procedures have been initiated within two months of submitting your application, along with supporting documentation.

2nd The document accrediting the competent services that indicates the result of the conciliation or intermediation procedure, in which the identity of the parties, the object of the controversy and if any of the parties has refused to participate in the procedure will be stated. , in your case. This document may not be valid for more than three months.

In the event that the executing party is a public housing entity, the previous requirement may be replaced, where appropriate, by the prior concurrence of the action of the specific intermediation services of the entity itself, which will be accredited in the terms of the previous section.

Fourth transitory provision. Regime of lease contracts entered into prior to the entry into force of this law.

1. The lease contracts subject to Law 29/1994, of November 24, on Urban Leases, entered into prior to the entry into force of this law, will continue to be governed by the provisions of the legal regime that was applicable to them.

2. Without prejudice to the provisions of the previous section, when the parties agree and it is not contrary to legal provisions, pre-existing contracts may be adapted to the legal regime established in this law.

3. Irrespective of the provisions of the previous sections, the regulation introduced in this law will not affect the different measures of extraordinary application to current housing lease contracts and, in particular, the one contained in article 46 of the Royal Decree-law6 /2022, of March 29, by which urgent measures are adopted within the framework of the National Response Plan to the economic and social consequences of the war in Ukraine, which will be applicable in the terms in which they are regulated.

Single repealing provision.

Upon the entry into force of this law, all provisions of equal or lower rank that oppose the provisions of this law are repealed.

First final provision. Price containment measures in the regulation of housing lease contracts.

Law 29/1994, of November 24, on Urban Leases, is amended as follows:

One. Article 10 is worded in the following terms:

«Article 10. Contract extension.

1. If the expiration date of the contract, or any of its extensions, has elapsed after at least five years of its duration, or seven years if the landlord is a legal entity, none of the parties has notified the other, at least four months in advance of that date in the case of the landlord and at least two months in advance in the case of the lessee, his will not to renew it, the contract will be mandatorily extended for annual terms up to a maximum of three more years , unless the lessee expresses to the landlord one month in advance of the termination date of any of the annuities, his desire not to renew the contract.

2. In habitual residence lease contracts subject to this law in which the mandatory extension period provided for in article 9.1 ends, or the tacit extension period provided for in article 10.1, may be applied, upon request of the lessee, an extraordinary extension of the term of the lease for a maximum period of one year, during which the terms and conditions established for the current contract will continue to apply. This extraordinary extension request will require proof by the lessee of a situation of social and economic vulnerability based on a report or certificate issued in the last year by the municipal or regional social services and must be accepted by the lessor. when this is a large homeowner in accordance with the definition established in Law 12/2023, of May 24, for the right to housing, unless a new lease agreement has been signed between the parties.

3. In lease contracts for habitual residence subject to this law, in which the property is located in a stressed residential market area and within the validity period of the declaration of the aforementioned area in the terms provided in the legislation state in terms of housing, the mandatory extension period provided for in article 9.1 of this law or the tacit extension period provided for in the previous section ends, upon request of the lessee, the lease may be extended in an extraordinary manner for annual installments , for a maximum period of three years, during which the terms and conditions established for the current contract will continue to apply. This extraordinary extension request must be accepted by the landlord, unless other terms or conditions have been established by agreement between the parties, a new lease contract has been signed with the rent limitations that may apply due to the application of the provisions of sections 6 and 7 of article 17 of this law, or in the event that the landlord has notified, within the terms and conditions established in article 9.3 of this law, the need to occupy the leased property to use it as permanent housing for themselves or their relatives in the first degree of consanguinity or by adoption or for their spouse in the event of a final judgment of separation, divorce or marriage annulment.

4. To the extended contract, the legal and conventional regime to which it was subject will continue to apply.»

Two. Section 3 of article 17 is modified, which is worded in the following terms:

"3. Payment will be made through electronic means. Exceptionally, when one of the parties lacks a bank account or access to electronic means of payment and at its request, it may be made in cash and in the rented home.»

Three. Two new sections 6 and 7 are added to article 17, worded in the following terms:

«6. In housing lease contracts subject to this law in which the property is located in a stressed residential market area within the validity period of the declaration of the aforementioned area in the terms provided in Law 12/2023, of May 24, for the right to housing, the rent agreed at the beginning of the new contract may not exceed the last rent of the habitual residence lease that had been in force in the last five years in the same dwelling, once applied the clause of annual update of the rent of the previous contract, without being able to set new conditions that establish the repercussion to the tenant of quotas or expenses that were not included in the previous contract.

It can only be increased, beyond what is appropriate from the application of the annual update clause of the rent of the previous contract, by a maximum of 10 percent on the last rent of the habitual residence lease that had been in force in the last five years in the same home, when any of the following cases is proven:

a) When the dwelling has been the object of a rehabilitation action in the terms provided in section 1 of article 41 of the Regulation of the Income Tax of Physical Persons, which has ended in the two years prior to the date of the celebration of the new leasing contract.

b) When in the two years prior to the date of the execution of the new lease contract, rehabilitation or improvement actions of the home have been completed, in which a non-renewable primary energy saving of 30 percent has been accredited, through two separate energy efficiency certificates for the dwelling, one after the action and another before that had been registered a maximum of two years before the date of the aforementioned action.

c) When duly accredited accessibility improvement actions have been completed in the two years prior to the date on which the new lease is signed.

d) When the lease is signed for a period of ten or more years, or a right of extension is established that the lessee can voluntarily accept, which allows him to optionally extend the contract under the same terms and conditions for a period of ten or more years.

7. Without prejudice to the provisions of the previous section, in housing lease contracts subject to this law in which the landlord is a large homeowner in accordance with the definition established in Law 12/2023, of 24 May, for the right to housing, and in which the property is located in a stressed residential market area within the validity period of the declaration of the aforementioned area in the terms provided in the aforementioned Law 12/2023, of 24 May, for the right to housing, the rent agreed at the beginning of the new contract may not exceed the maximum limit of the applicable price according to the system of reference price indices taking into account the conditions and characteristics of the rented housing and the building in that is located, being able to develop according to regulations the methodological bases of said system and the protocols for collaboration and data exchange with the applicable state and regional information systems.

This same limitation will apply to housing lease contracts in which the property is located in a stressed residential market area within the validity period of the declaration of the aforementioned area in the terms provided in the aforementioned Law 12/2023, of May 24, for the right to housing, and on which no current housing lease contract had been in force in the last five years, provided that this is included in the resolution of the Ministry of Transport, Mobility and Urban Agenda , having justified said application in the declaration of the stressed residential market area.»

Four. Section 1 of article 20 is modified, which is worded as follows:

"1. The parties may agree that the general expenses for the adequate maintenance of the property, its services, taxes, charges and responsibilities that are not subject to individualization and that correspond to the leased property or its accessories, are borne by the lessee.

In buildings under the horizontal property regime, such expenses will be those that correspond to the leased property based on its participation fee.

In buildings that are not under the horizontal property regime, such expenses will be those that have been assigned to the leased property based on its surface area.

For its validity, this agreement must be in writing and determine the annual amount of said expenses at the date of the contract. The agreement that refers to taxes will not affect the Administration.

The expenses of real estate management and those of formalization of the contract will be borne by the lessor.»

Five. An eleventh additional provision is added, worded as follows:

"Eleventh additional provision. Reference index for the annual updating of housing lease contracts.

The National Institute of Statistics will define, before December 31, 2024, a reference index for the annual updating of housing lease contracts that will be set as a reference limit for the purposes of article 18 of this law, in order to avoid increases disproportionate in the rent of the lease contracts.”

Six. A seventh transitory provision is added, worded as follows:

"Seventh transitory provision. Application of measures in stressed areas.

1. The regulation established in section 7 of article 17 will be applied to the contracts that are formalized from the entry into force of Law 12/2023, of May 24, for the right to housing, and once the aforementioned is approved system of reference price indices, in accordance with the provisions of the first additional provision of Law 12/2023, of May 24, for the right to housing and the provisions of the second additional provision of the Royal Decree-law7/ 2019, of March 1, on urgent measures regarding housing and rent.

2. The resolution of the competent ministerial Department in housing matters that approves the aforementioned system of reference price indices will be carried out by territorial areas, considering the databases, systems and methodologies developed by the different autonomous communities and ensuring in any case the technical coordination.»

Second final provision. Tax incentives applicable in the Personal Income Tax to the leases of real estate for housing.

With effect for housing lease contracts entered into from the entry into force of this law, the following modifications are introduced in Law 35/2006, of November 28, on Personal Income Tax and partial modification of the laws of Corporate Tax, Non-Resident Income and Wealth:

One. Section 2 of article 23 is amended, which is worded as follows:

"2. In the cases of leasing real estate for housing, the positive net yield calculated in accordance with the provisions of the previous section, will be reduced:

a) 90 percent when the same landlord has formalized a new lease on a home located in an area with a stressed residential market, in which the initial rent has been reduced by more than 5 percent in relation to the last rent of the previous rental contract for the same dwelling, once the annual update clause of the previous contract has been applied, if applicable.

b) At 70 percent when the requirements indicated in letter a) above are not met, any of the following circumstances occur:

1.º That the taxpayer had rented the home for the first time, provided that it is located in an area with a stressed residential market and the tenant is between 18 and 35 years of age. When there are several tenants of the same home, this reduction will be applied to the part of the net yield that proportionally corresponds to the tenants who meet the requirements set forth in this letter.

2nd When the lessee is a Public Administration or non-profit entity to which the special regime regulated in title II of Law 49/2002, of December 23, on the tax regime of non-profit entities and tax incentives for patronage, which allocates housing to social rental with a monthly income lower than that established in the rental aid program of the state housing plan, or to the accommodation of people in a situation of economic vulnerability referred to in the Law19 /2021, of December 20, which establishes the minimum vital income, or when the home is covered by a public housing or qualification program by virtue of which the competent Administration establishes a limitation on rental income.

c) At 60 percent when, not meeting the requirements of the previous letters, the dwelling had been the subject of a rehabilitation action in the terms provided in section 1 of article 41 of the Tax Regulation that had ended in the two years prior to the date of the lease agreement.

d) In 50 percent, in any other case.

The indicated requirements must be met at the time of entering into the lease, the reduction being applicable as long as they continue to be met.

These reductions will only be applicable to the net positive returns that have been calculated by the taxpayer in a self-assessment submitted before a data verification, limited verification or inspection procedure has been initiated that includes in its purpose the verification of such returns. .

In no case will the reductions be applicable with respect to the part of the positive net income derived from income not included or from expenses improperly deducted in the self-assessment of the taxpayer and that are regularized in any of the procedures mentioned in the previous paragraph, even when those circumstances have been declared or accepted by the taxpayer during the processing of the procedure. Neither will the reductions be applicable in relation to those lease contracts that fail to comply with the provisions of section 6 of article 17 of the Urban Leasing Law.

The stressed residential market areas to which the provisions of this section may be applicable will be those included in the resolution that, in accordance with the provisions of state legislation on housing, approves the Ministry of Transport, Mobility and Urban Agenda .”

Two. A thirty-eighth transitory provision is introduced, which is worded as follows:

"Thirty-eighth transitional provision. Reduction applicable to certain residential leases.

The positive net income from real estate capital derived from housing lease contracts entered into prior to the entry into force of Law 12/2023, of May 24, for the right to housing, will be subject to the reduction provided for in section 2 of article 23 of this law in its current wording as of December 31, 2021.”

Third final provision. Modulation of the surcharge on permanently unoccupied residential properties in the Real Estate Tax.

The consolidated text of the Law Regulating Local Treasuries, approved by Royal Legislative Decree 2/2004, of March 5, is modified as follows:

Section 4 of article 72 is worded in the following terms:

"4. Within the limits resulting from the provisions of the previous sections, the municipalities may establish, for urban real estate, excluding those for residential use, differentiated types according to the uses established in the cadastral regulations for the valuation of constructions. When the properties have several uses attributed, the rate corresponding to the use of the main building or dependency will be applied.

Said rates may only be applied, as a maximum, to 10 percent of the urban real estate of the municipal term that, for each use, has the highest cadastral value, for which purpose the fiscal ordinance of the tax will indicate the corresponding value threshold for all or each one of them. of uses, from which the increased rates will apply.

In the case of properties for residential use that are permanently unoccupied, the municipalities may require a surcharge of up to 50 percent of the liquid amount of the tax.

For these purposes, the property that remains unoccupied, continuously and without justified cause, for a period of more than two years, in accordance with the requirements, means of evidence and procedure established by the tax ordinance, will be considered a permanently unoccupied property, and belong to owners of four or more properties for residential use.

The surcharge may be up to 100 percent of the net amount of the tax when the period of vacancy is greater than three years, and may be modulated based on the period of vacancy.

In addition, the municipalities may increase the corresponding surcharge percentage in accordance with the aforementioned by up to an additional 50 percentage points in the case of properties belonging to owners of two or more properties for residential use that are unoccupied in the same municipal area.

In any case, the following causes will be considered justified: temporary transfer for work or training reasons, change of address due to a situation of dependency or health or social emergency reasons, real estate intended for second home use with a maximum of four years of continuous vacancy, properties subject to work or rehabilitation actions, or other circumstances that make their effective occupation impossible, that the dwelling is being the subject of a lawsuit or cause pending judicial or administrative resolution that prevents the use and disposal of the same or that in the case of properties whose owners, under market conditions, offer for sale, with a maximum of one year in this situation, or for rent, with a maximum of six months in this situation. In the case of properties owned by a Public Administration, it will also be considered as justified cause if the property is the subject of a sale procedure or put into operation by means of a lease.

The surcharge, which will be required of the taxpayers of this tax, will accrue on December 31 and will be settled annually by the municipalities, once the vacancy of the property has been verified on that date, together with the administrative act by which it is declared.

The municipal declaration as permanently unoccupied property will require the prior hearing of the taxpayer and the accreditation by the City Council of the indications of vacancy, to be regulated in said ordinance, within which may appear those related to the data of the municipal register, as well as as the consumption of supply services.»

Fourth final provision. Modification of the consolidated text of the Land and Urban Rehabilitation Law, approved by Royal Legislative Decree 7/2015, of October 30.

The consolidated text of the Land and Urban Rehabilitation Law, approved by Royal Legislative Decree 7/2015, of October 30, is modified as follows:

Letter b) of section 1 of article 20 is modified, which is worded as follows:

«b) Allocate adequate and sufficient land for productive uses and for residential use, with reservation in any case of a part provided to housing subject to a public protection regime that, at least, allows establishing its maximum price for sale, rent or other forms of access to housing, such as surface rights or administrative concessions.

This reserve will be determined by the legislation on territorial and urban planning or, in accordance with it, by planning instruments, it will guarantee a distribution of its location that is respectful of the principle of social cohesion and will include, as a minimum, the land necessary to carry out the40 percent of the residential buildable area provided for by urban planning on rural land that will be included in new urbanization actions and 20 percent on urbanized land that must undergo urbanization reform or renovation actions.

However, said legislation may also establish or exceptionally allow a lower reserve or exempt them for certain Municipalities or actions, provided that, in the case of new urbanization actions, full compliance with the reserve within its scope is guaranteed in the planning instrument. territorial scope of application and a distribution of its location respectful of the principle of social cohesion.»

Fifth final provision. Modification of Law 1/2000, of January 7, on Civil Procedure.

Law 1/2000, of January 7, on Civil Procedure, is amended as follows:

One. Section 4 of article 150 is amended, which is worded as follows:

"4. When the notification of the resolution contains a date for the release of those who occupy a home, it will be transferred to the competent Public Administrations in matters of housing, social assistance, evaluation and information of situations of social need and immediate attention to people in situations or risk of social exclusion, in case their action proceeds.»

Two. New sections 6 and 7 are added to article 439, which are worded as follows:

«6. In the cases of numbers 1, 2, 4 and 7 of section 1 of article 250, the demands that seek the recovery of possession of a property will not be accepted, in which the following is not specified:

a) If the property subject to them constitutes the habitual residence of the occupant.

b) If the plaintiff concurs in the condition of a large homeowner, in the terms established in article 3.k) of Law 12/2023, of May 24, for the right to housing.

In the case of indicating that there is not the status of large holder, in order to corroborate such point, a certification from the Property Registry must be attached to the claim, stating the list of properties in the name of the plaintiff.

c) In the event that the plaintiff is a large holder, whether or not the defendant is in a situation of economic vulnerability.

To prove the concurrence or not of economic vulnerability, an accrediting document must be provided, valid for no more than three months, issued, with the prior consent of the person occupying the dwelling, by the services of the competent regional and local Administrations in matters of housing, assistance social, evaluation and information of situations of social need and immediate attention to people in situation or risk of social exclusion that have been specifically designated according to the legislation and autonomic regulation in the matter of housing.

The requirement in this letter c) may also be met by:

1.º The responsible declaration issued by the plaintiff that they have used the services indicated above, within a maximum period of five months prior to the presentation of the claim, without it having been attended to or the corresponding procedures had been initiated in the within two months of submitting your application, along with a supporting document.

2nd The document accrediting the competent services indicating that the occupant does not expressly consent to the study of their economic situation in the terms provided for in the legislation and regional regulations on housing. This document may not be valid for more than three months.

7. In the cases of numbers 1, 2, 4 and 7 of section 1 of article 250, in the event that the plaintiff has the status of large holder in the terms provided for in the previous section, the The property subject to the claim constitutes the habitual residence of the occupant and it is in a situation of economic vulnerability in accordance with the provisions of the previous section, claims in which it is not proven that the plaintiff has submitted to the procedure will not be accepted. of conciliation or intermediation established for this purpose by the competent Public Administrations, based on the analysis of the circumstances of both parties and of the possible aid and subsidies existing in the field of housing in accordance with the provisions of the regional legislation and regulations on housing .

The above requirement may be accredited by any of the following forms:

1.º The responsible declaration issued by the plaintiff that they have used the services indicated above, within a maximum period of five months prior to the presentation of the claim, without it having been attended to or the corresponding procedures had been initiated in the within two months of submitting your application, along with a supporting document.

2nd The document accrediting the competent services that indicates the result of the conciliation or intermediation procedure, in which the identity of the parties, the object of the controversy and if any of the parties has refused to participate in the procedure will be stated. , in your case. This document may not be valid for more than three months.

In the event that the leasing company is a public housing entity, the previous requirement may be replaced, where appropriate, by the prior concurrence of the action of the specific intermediation services of the entity itself, which will be accredited in the same terms. of the previous section."

Three. A new section5 is added to article 440, worded as follows:

"5. In all cases of eviction and in all decrees or judicial decisions that have as their object the signaling of the launch, regardless of whether it has been tried to be carried out previously, the exact day and time on which it will take place must be included. the same."

Four. Sections 1 bis and 5 of article 441 are modified and new sections 6 and 7 are added, which are worded as follows:

«1 encore. In the case of a demand for recovery of possession of a dwelling or part of it that is processed according to the provisions of article 250.1.4.º, the notification will be made to whoever is inhabiting it. It can also be done to the unknown occupants of the house. In order to proceed with the identification of the receiver and other occupants, whoever performs the act of communication may be accompanied by law enforcement agents.

If the plaintiff had requested the immediate delivery of possession of the dwelling, in the decree of admission to process the demand, its occupants will be required to contribute, within five days from the notification of that, title that justifies their possessory status.

If sufficient justification is not provided, the court will order the eviction of the occupants and the immediate delivery of possession of the dwelling to the plaintiff, provided that the title that has been attached to the claim is sufficient to prove their right to possess and without prejudice to the provisions of sections 5, 6 and 7 of this same article if it has been possible to identify the recipient of the notification or other occupants of the dwelling.

There will be no recourse against the order that decides on the incident and it will take effect against any of the occupants who are in the home at that time.»

"5. In the cases of numbers 1, 2, 4 and 7 of section 1 of article 250, provided that the property that is the subject of the dispute constitutes the habitual residence of the defendant, this will be informed, in the decree of admission to processing of the demand, the possibility of going to the competent regional and local Public Administrations in matters of housing, social assistance, evaluation and information of situations of social need and immediate attention to people in a situation or at risk of social exclusion. The information must include the exact identification data of said Administrations and the way to contact them, so that they can appreciate the possible situation of vulnerability of the defendant.

Notwithstanding the provisions of the preceding paragraph, the Court shall immediately and ex officio notify the existence of the procedure to the competent regional and local Administrations in matters of housing, social assistance, evaluation and information on situations of social need and immediate attention to people in a situation or risk of social exclusion, so that they can verify the situation of vulnerability and, if it exists, present to the Court a proposal for an alternative decent housing in social rent to be provided by the competent Administration for it and proposal of measures of immediate attention to also be adopted by the competent Administration, as well as possible financial aid and subsidies that the defendant may be a beneficiary of.

In the event that these Public Administrations confirm that the affected household is in a situation of economic and, where appropriate, social vulnerability, the judicial body will be notified as soon as possible and in any case within a maximum period of ten days.

In the cases provided for in sections 6 and 7 of article 439, when the plaintiff is a large homeowner and has submitted a document proving the vulnerability of the defendant together with the claim, this will be stated in the official letter to the competent public administrations. circumstance for the purposes of carrying out directly, within the same term, the proposal of immediate attention measures to be adopted, as well as possible financial aid and subsidies that the defendant may be a beneficiary of and the causes, which, where appropriate , have previously prevented its application.

Once said communication has been received or the term has elapsed, the lawyer of the Administration of Justice will notify the parties so that within five days they can urge what is appropriate to their right, proceeding to suspend the date scheduled for the celebration of the view or for the launch, if such suspension is necessary due to the immediacy of the dates.»

«6. Once the pleadings of the parties have been submitted or the term granted for this has elapsed, the court will decide by order, in view of the information received from the competent Public Administrations and the allegations of the parties, on whether to suspend the process so that the decisions are adopted. measures proposed by the public administrations, during a maximum period of suspension of two months if the claimant is a natural person or four months if it is a legal person.

Once the measures have been adopted by the competent Public Administrations or the maximum period of suspension provided for in the preceding paragraph has elapsed, it will be lifted automatically and the procedure will continue through all its procedures.»

«7. The court will make the decision after a weighted and proportional assessment of the specific case, appreciating the situations of vulnerability that could also occur in the plaintiff and any other circumstance accredited in the case file.

For these purposes, in particular, the court to assess the situation of economic vulnerability may consider the fact that the amount of rent, if it is an eviction trial for non-payment, plus that of electricity supplies, gas , water and telecommunications suppose more than 30 percent of the income of the family unit and that the set of said income does not reach:

a) In general, the limit of 3 times the monthly Public Indicator of Multiple Effect Income (hereinafter IPREM).

b) This limit will increase by 0.3 times the IPREM for each dependent child in the family unit. The applicable increase per dependent child will be 0.35 times the IPREM for each child in the case of a single-parent family unit or in the case of each child with a disability equal to or greater than 33 percent.

c) This limit will increase by 0.2 times the IPREM for each person over 65 years of age who is a member of the family unit or dependent dependents.

d) In the event that any of the members of the family unit has a declared disability equal to or greater than 33 percent, a situation of dependency or illness that proves to be permanently incapacitating them to carry out a work activity, the limit provided for in letter a) It will be 5 times the IPREM, without prejudice to the accumulated increases per dependent child.

For these same purposes, the court to assess social vulnerability may consider the fact that, among those who occupy the home, there are dependent persons in accordance with the provisions of section 2 of article 2 of Law 39/2006, of December 14, on Promotion of Personal Autonomy and Care for people in a situation of dependency, victims of violence against women or minors.»

Five. Sections 3 and 4 of article 549 are modified, which are worded as follows:

"3. In the conviction of all types of eviction, or in the decrees that put an end to the aforementioned eviction if there is no opposition to the requirement, the request for its execution in the eviction demand will be sufficient for the direct execution of said resolutions, without the need of any other procedure to proceed with the release on the exact day and time indicated in the judgment itself or on the exact day and time that had been set when ordering the execution of the request to the defendant, all according to section 5 of article 440.

4. The legal waiting period referred to in the previous article will not be applicable in the execution of eviction sentence resolutions due to non-payment of rents or amounts owed, or due to legal or contractual expiration of the term, which will be governed by as provided in such cases.

However, in the case of habitual residence, prior to launching, the terms of sections 5, 6 and 7 of article 441 of this law must have been carried out.»

Six. A new article 655 bis is introduced, with the following literal:

«Article 655 bis. Real estate auction.

1. When the property that is the object of the auction is a real estate property that is the habitual residence of the foreclosed party and the creditor is a housing company or a large homeowner in the terms provided for in letter b of section 6 of article 439 and has not been previously accredited, it must be accredited by the plaintiff, before the start of the enforcement action, if the debtor is in a situation of economic vulnerability.

To prove the concurrence or not of economic vulnerability of the executed party, a document must be provided, valid for no more than three months, issued, with the prior consent of the latter, by the services of the competent regional and local Administrations in matters of housing, social assistance , evaluation and information on situations of social need and immediate attention to people in a situation or at risk of social exclusion who have been specifically designated in accordance with the legislation and regional regulations on housing.

This requirement may also be met by:

1.º The responsible declaration issued by the plaintiff that they have used the services indicated above, within a maximum period of five months prior to the presentation of the request to start the enforcement action, without having been attended to or they had started the corresponding procedures within two months of submitting their application, along with supporting documents. In this case, the Court will contact the competent Administrations in order for them to confirm, within a maximum period of ten days, whether the affected household is in a situation of economic and, where appropriate, social vulnerability, as well as the measures provided for They will be applied immediately so that you have a home.

2nd The document accrediting the competent services indicating that the executed party does not expressly consent to the study of their economic situation in the terms provided by the legislation and regional regulations on housing. This document may not be valid for more than three months.

2. In the event that there is evidence that the mortgage debtor is in a situation of economic vulnerability in accordance with the provisions of the previous sections, the enforcement action will not be initiated if it is not proven that the plaintiff has submitted to the procedure of conciliation or intermediation established for this purpose by the Public Administrations, based on the analysis of the circumstances of both parties and of the possible aids and subsidies existing in the field of housing in accordance with the provisions of the regional legislation and regulations in the field of housing.

The above requirement may be accredited by any of the following forms:

1.º The responsible declaration issued by the plaintiff that they have used the services indicated above, within a maximum period of five months prior to the presentation of the request to start the enforcement action, without having been attended to or they had started the corresponding procedures within two months of submitting their application, along with supporting documents. In such a case, immediately upon submission of the application, the Court will contact the competent Administrations in order for them to confirm, within a maximum period of ten days, whether the affected household is in a situation of economic vulnerability and, if applicable. , social, as well as the planned measures that will be applied immediately so that you have a home.

2nd The document accrediting the competent services that indicates the result of the conciliation or intermediation procedure, in which the identity of the parties, the object of the controversy and if any of the parties has refused to participate in the procedure will be stated. , in your case. This document may not be valid for more than three months.

In the event that the executing party is a public housing entity, the previous requirement may be replaced, where appropriate, by the prior concurrence of the action of the specific intermediation services of the entity itself, which will be accredited in the terms of the previous section."

Seven. Article 675 is modified, which is worded as follows:

«Article 675. Judicial possession and occupants of the property.

1. If the purchaser requests it, he will be placed in possession of the property that is not occupied.

2. If the property is occupied, the Justice Administration Lawyer will immediately agree to the release when the Court has resolved, setting the exact day and time and in accordance with the provisions of section 2 of article 661, that the occupant or occupants they have no right to remain in it. The evicted occupants may exercise the rights they believe assist them in the corresponding trial.

When, while the property is occupied, no previous procedure has been carried out in accordance with the provisions of section 2 of article 661, the purchaser may request the Enforcement Court to release those who, taking into account the provisions of article 661, may be considered occupants of the property. mere fact or without sufficient title. The request must be made within one year from the acquisition of the property by the auctioneer or successful bidder, after which the eviction claim may only be asserted in the corresponding trial.

3. The launch request referred to in the previous section will be notified to the occupants indicated by the purchaser, with a summons to a hearing to be indicated by the Justice Administration Lawyer within a period of ten days, in which they may allege and prove what they consider appropriate regarding their situation. The Court, by means of an order, without further appeal, will decide on the launch, which will be decreed in any case if the occupant or occupants mentioned do not appear without just cause.

4. The order that resolves on the release of the occupants of a property must be notified to the occupants and will set the exact date and time in which it will take place and will safeguard, whatever its content, the rights of the interested parties, that may be exercised in the corresponding trial.”

Eight. Section 2 of article 685 is modified with the following literal:

"2. The claim shall be accompanied by the title or titles of credit, covered with the requirements that this law requires for the dispatch of the execution, as well as the other documents referred to in article 550 and, in their respective cases, articles 573 and 574 of the present law.

In the event of foreclosure on mortgaged assets or on assets under pledge without displacement, if the registered title cannot be presented, it must be accompanied by the Registry certification certifying the registration and subsistence of the mortgage.

In cases of demand for foreclosure of mortgaged assets, it must be indicated if the property that is the object of the same constitutes the habitual residence of the debtor, as well as if the executing party concurs with the condition of large homeowner in accordance with the provisions of letter b) of the paragraph 6 of article 439.

In the case of indicating that there is not the status of large holder, in order to corroborate such point, a certification from the Property Registry must be attached to the claim, stating the list of properties in the name of the plaintiff.

Likewise, it must be indicated whether or not the debtor is in a situation of economic vulnerability.

To prove the concurrence or not of economic vulnerability, an accrediting document must be provided, valid for no more than three months, issued, with the prior consent of the mortgagor of the house, by the services of the competent regional and local Administrations in matters of housing, social assistance , evaluation and information on situations of social need and immediate attention to people in a situation or at risk of social exclusion who have been specifically designated in accordance with the legislation and regional regulations on housing.

This requirement may also be met by:

1.º The responsible declaration issued by the plaintiff that they have used the services indicated above, within a maximum period of five months prior to the presentation of the claim, without it having been attended to or the corresponding procedures had been initiated in the within two months of submitting your application, along with a supporting document.

2nd The document accrediting the competent services indicating that the mortgagor does not expressly consent to the study of his economic situation in the terms provided by the legislation and regional regulations on housing. This document may not be valid for more than three months.

In the event that the mortgagee is a large homeowner, the property that is the subject of the claim is the habitual residence of the mortgagor and there is evidence, in accordance with the previous sections, that the latter is in a situation of economic vulnerability, it is not Mortgage foreclosure claims will be accepted in which it is not proven that the plaintiff has submitted to the conciliation or intermediation procedure established for this purpose by the competent Public Administrations, based on the analysis of the circumstances of both parties and possible aid. and existing subsidies in accordance with regional housing legislation and regulations.

The above requirement may be accredited by any of the following forms:

1.º The responsible declaration issued by the plaintiff that they have used the services indicated above, within a maximum period of five months prior to the presentation of the claim, without it having been attended to or the corresponding procedures had been initiated in the within two months of submitting your application, along with a supporting document.

2nd The document accrediting the competent services that indicates the result of the conciliation or intermediation procedure, in which the identity of the parties, the object of the controversy and if any of the parties has refused to participate in the procedure will be stated. , in your case. This document may not be valid for more than three months.

In the event that the mortgagee is a public housing entity, the previous requirement may be replaced, where appropriate, by the prior concurrence of the action of the specific intermediation services of the entity itself, which will be accredited in the terms of the previous section."

Nine. Section 1 of article 704 is modified, which is worded as follows:

"1. When the property whose possession must be delivered is the habitual residence of the executed person or those who depend on him, the Justice Administration Lawyer will give them a period of one month to evict it. If there is a well-founded reason, this period may be extended for another month.

Once the indicated deadlines have elapsed, the launch will proceed immediately, setting the exact date and time of the launch both in the initial resolution and in the one that agrees to the extension or in any subsequent resolution that agrees to the launch, even if this has been tried to be carried out previously. »

Ten. A new seventh additional provision is incorporated, which is worded as follows:

"Seventh additional provision.

In the criminal proceedings that are followed for the crime of usurpation of section 2 of article 245 of the Criminal Code, in the event that the measure of eviction and restitution of the property object of the crime to its legitimate owner is substantiated as a precautionary measure and provided that among those who occupy the house find dependent persons in accordance with the provisions of section 2 of article 2 of Law 39/2006, of December 14, on the Promotion of Personal Autonomy and Care for people in a situation of dependency, victims of violence against women or minors , will be notified to the regional and local administrations responsible for housing, social assistance, evaluation and information on situations of social need and immediate care for people in a situation or at risk of social exclusion, so that they can adopt measures to corresponding protection.

The same forecasts will be adopted when the eviction of the house is agreed in sentence.»

Sixth final provision. Extraordinary limitation of the annual update of the rent of housing lease contracts.

Royal Decree-Law 6/2022, of March 29, adopting urgent measures within the framework of the National Response Plan for the economic and social consequences of the war in Ukraine, is amended as follows:

Article 46 is worded in the following terms:

«Article 46. Extraordinary limitation of the annual update of the rent of housing lease contracts.

1. The tenant of a housing rental contract subject to Law 29/1994, of November 24, on Urban Leases, whose rent must be updated because the corresponding annuity is fulfilled within the period between the entry into force of this royal decree-law and on December 31, 2023, you may negotiate with the landlord the increase that will be applied in that annual rent update, subject to the following conditions:

a) In the event that the landlord is a large holder in the terms established in article 3.k) of Law 12/2023, of May 24, for the right to housing, the increase in rent will be the one that resulting from the new agreement between the parties, without being able to exceed the result of applying the annual variation of the Competitiveness Guarantee Index on the date of said update, taking as the reference month for the update the month corresponding to the last index published in the contract update date. In the absence of this new agreement between the parties, the increase in rent will be subject to this same limitation.

b) In the event that the lessor is not a large holder, the increase in rent will be the one resulting from the new agreement between the parties. In the absence of this new agreement between the parties, the increase in rent may not exceed the result of applying the annual variation of the Competitiveness Guarantee Index as of the date of said update, taking as the reference month for the update the month that corresponds to the last index that was published on the contract update date.

2. The tenant of a housing rental contract subject to Law 29/1994, of November 24, on Urban Leases, whose rent must be updated because the corresponding annuity is fulfilled within the period between January 1, 2024 and On December 31, 2024, you can negotiate with the landlord the increase that will be applied in that annual update of the rent, subject to the following conditions:

a) In the event that the landlord is a large holder in the terms established in article 3.k) of Law 12/2023, of May 24, for the right to housing, the increase in rent will be the one that results from the new agreement between the parties, without the annual variation of the income being able to exceed three percent. In the absence of this new agreement between the parties, the increase in rent will be subject to this same limitation.

b) In the event that the lessor is not a large holder, the increase in rent will be the one resulting from the new agreement between the parties. In the absence of this new agreement between the parties, the increase in income to apply may not exceed three percent.»

Seventh final provision. Competence titles.

1. This law is issued under the protection of article 149.1.1.ª and 13.ª of the Constitution that attributes to the State the powers to regulate the basic conditions that guarantee the equality of all Spaniards in the exercise of rights and in the fulfillment of the constitutional duties and the bases and coordination of the general planning of the economic activity, respectively.

2. The following articles are excepted from what is stated in the previous section:

a) Articles 10, 11, 32, 33, 34, 35, 36 and first final provision that are protected by the competence that article 149.1.8.ª of the Spanish Constitution attributes to the State in matters of civil legislation.

b) Article 5 and the fifth final provision that are protected by the competence that article 149.1.6.ª of the Spanish Constitution attributes to the State in matters of procedural legislation.

c) The second and third final provisions that are embedded in article 149.1.14.ª of the Constitution, which attributes exclusive jurisdiction to the State in matters of general finance.

3. The content of articles 22, 23, 24, 26 and the second additional provision will only apply to the General State Administration.

4. The provisions of this law shall apply without prejudice to:

a) The provisions of the civil, regional or special regimes in the area reserved for them by article 149.1.8.ª of the Constitution, where they exist, as well as the regional tax regimes by agreement and economic agreement in force, respectively , in the Historical Territories of the Autonomous Community of the Basque Country and in the Foral Community of Navarra.

b) The exercise of the exclusive competence that the autonomous communities have assumed by virtue of article 148.1.3.ª of the Constitution in matters of territorial planning, urban planning and housing.

Eighth final provision. Regulatory development.

The Government is authorized to proceed, within the framework of its powers, to develop this law.

Ninth final provision. Entry into force.

This law will enter into force the day after its publication in the "Official State Gazette", except for the second final provision, which will enter into force on January 1 of the year following its publication in the "Official State Gazette". .

Therefore,

I command all Spaniards, individuals and authorities, to keep and have this law kept.

Madrid, May 24, 2023.

FELIPE R.

The president of the Government,

PEDRO SÁNCHEZ PEREZ-CASTEJÓN