The future housing law agreed by the coalition government aims to prevent cases of disposition of protected homes such as those carried out in the past by administrations such as the Community or the Madrid City Council. The idea, basically, is that the housing with official protection (known generically as VPO, although each community has its own typology) is subject to this regime permanently, except in highly valued cases. As it is an autonomous competence, the rule will contemplate “the exceptions that may exceptionally be provided for by the regional regulations in the event that there is just cause,” according to sources from United We Can. But in any case, the qualification “must be at least 30 years.”
These terms would apply to cases of VPO for sale, in which some communities, such as Madrid or Andalusia, foresee shorter regimes. In some cases, 10 years after the purchase of a protected home, the owner can request its disqualification and sell it on the free market. This effect, which has happened inexorably in Spain in recent decades, is the cause, according to some experts, of the country’s scarce social park in comparison with other European neighbors, despite the fact that for many years considerable amounts of money have been dedicated to Budgets for subsidize the purchase of houses.
But the intention of the Government, and the law will express it in other sections, is to refocus VPO towards rent. At least half of the new protected promotions must be aimed at affordable or social leasing. And those houses will enjoy perpetual protection status so that the needs of those who cannot pay free market prices can be met. “The future Law will prevent the sale of the public housing stock to investment funds that occurred in the past by some territorial administrations”, indicate socialist government sources. The loudest were those that starred the Madrid City Council and the Community of Madrid, the latter ultimately repealed in court. Against the backdrop of the financial straits of the Great Recession, they sold thousands of rental homes to raise money. But years later, as has happened to other consistories and communities, they are not able to meet the long list of applicants for social housing.
Ultimately, the idea is to establish a “strict regulation of public parks” to make clear its purpose of “contributing to the proper functioning of the market” and “facilitating access to housing for sectors of the population with greater access difficulties. ”, Highlight the same sources. The articles of the law will also protect the reclassifications of reserve land destined for VPO. Modifying this use will be limited to “the exceptional cases in which the urban planning instrument justifies the unnecessary nature of this type of housing or the supervening impossibility of said destination”. In other words, a city council should, for example, argue why it renounces those protected homes.
Finally, the rule will also try to limit the cases in which a private buyer of protected housing can sell or rent the same before its disqualification. Specifically, it will mark that said sale is made preferentially to another VPO applicant that is recorded in the regional and municipal registries. Also that the fixed price cannot exceed the maximum that has been established.
In addition, the administration’s right of first refusal and withdrawal in these operations will be strengthened. As the owner of a protected home must request permission to sell it, during that period the relevant administration may decide to keep the house, paying the corresponding sum. The way of reserving rights of first refusal and retraction on certain real estate operations has already been explored, for example, by the Valencian Community to revitalize its public housing stock.