LEGISLATIVE DOSSIER OF REAL DECRETO-LEY 7/2019, 1 OF MARCH, URGENT MEASURES IN THE MATTER OF HOUSE AND RENT
The 5 of March of 2019 Real Decree-law 7/2019 is published in the BOE, of 1 of March, urgent measures in the matter of house and rent.
Spain confronts important challenges in the matter of house that, at present, league together of special way to the difficulty of the access to the same in rent regime. The State must reinforce the cooperation with the territorial Administrations that have the responsibility to exert in their respective scopes the direct competition in this matter, adopting a series of urgent measures which they contribute to improve the regulatory framework to increase to the supply of house in rent, balancing the legal position of the proprietor and the renter in the arrendaticia relation, establishing the necessary economic and fiscal stimuli, and having the goal to guarantee the exercise from the constitutional right to the house.
The requirement of extraordinary necessity and the urgency of the measures adopted by the Real Decree-law leans and justifies in the following reasons:
1. The serious situation of economic and social vulnerability of a great number of families and homes to confront the payments of a house in the market.
2. The shortage of the park of social house.
3. The annual growth next to 5% of the number of tie oustings to rent contracts. He is urgent to adopt measures to correct the effects of the reform practiced in the regulation of contracts of renting in 2013, extending the legal terms and introducing in the ousting procedure mechanisms that serve to respond to the serious situation which the most vulnerable homes live, establishing terms and guarantees in the process.
4. The deficiencies in the matter of accessibility that daily undergo the people with incapacity and reduced mobility.
5. The increase of the prices of the market of the house in territorial surroundings of the strong real estate dynamics characterized by a greater developed tourist activity on the existing park of houses.
Main introduced new features
1. Extension of the terms of the obligatory prorogation and the tacit prorogation of contracts of house renting:
Title I introduces the necessary reform of the regulation of contracts of house renting, through different modifications from Law 29/1994, of 24 of November, of urban rentings between which it emphasizes the extension of the terms of the obligatory prorogation and the tacit prorogation of contracts of house renting.
The period of obligatory prorogation settles down in five years, except for in case the landlord she is legal person, supposed to that a term of seven years pays attention.
As far as the tacit prorogation, one settles down that, arrival the date of victory of the contract or anyone of its prorogations, and once passed the period of obligatory prorogation, if does not exist communication of some of the parts in which the will of not renewing realised it four ahead months to the conclusion of the five or seven years in the case of the landlord and two ahead months settles down in the case of the renter, will annually prorogue the contract during three years more, and so it equips the renter with a greater stability than it stops being exposed to the established annual prorogation in 2013.
2. Modifications that affect at the time of the subscription of renting contracts:
The maximum quantity of the additional guarantees to fianzaque pays attention to two monthly instalments of rent can be demanded to the renter.
One settles down by Law that the expenses of real estate management and formalization of will contratoser¡n in charge of the landlord, when this she is legal person.
3. A state system of indices of reference of the price of the house rent is created and the possibility takes shelter, already developed on the part of some autonomous regions, of the creation of systems of autonomic indices of reference, with a view to design the policies and programs public in the matter of house in its respective territorial scopes.
4. It is excluded from the scope of application of the Law of Urban Rentings of the temporary cession of the use that tolerates the activity of the denominated houses of tourist use, suppressing the limitation of which these must necessarily be commercialized through channels of tourist supply and sending specifically to the established thing in the tourist sectorial norm that is from application.
5. Modifications in the joint ownership regime are introduced in order to impel the work accomplishment of improvement of the accessibility:
The quantity of the reserve fund of the joint ownerships of property is increased until 10% of the last ordinary budget and the possibility that settles down such resources are destined to the accomplishment of anticipated obligatory works of accessibility in the Diez.1.b article) of Law 49/1960, of 21 of July, on joint ownership.
The obligation extends to realise such works of accessibility in those assumptions in which the public help to which the community can have access reaches 75% of the amount of the same.
Explicit necessary the qualified majority so that the joint ownerships of property can limit or condition the exercise of the activity, or establish special quotas or increase in the participation of the common expenses of the house, within the framework of the sectorial norm that regulates the exercise of this activity and the regime of uses established by the instruments of city-planning and territorial arrangement.
6. Modifications in the process of house ousting are introduced, with the aim of clarify the procedure, introducing greater legal security and specific measures to take care of those situations that demand a greater social protection:
It will have to determine by the judicial organ the exact day and the hour of the launchings.
The proceeding of communication to the social services is introduced and, when it affects to vulnerable homes, establishing that the determination of the vulnerability situation will produce the suspension of the procedure until the measures are adopted that the social services consider opportune by a maximum term of a month, or three months when the plaintiff is legal person.
7. Introduction of measures in fiscal economic matter and:
The obligation is excepted to repel the tax to the renter when the landlord is a public being in the assumptions of rent of building of residential use with rent limited by a legal norm.
The regulation of the surcharge anticipated for the buildings of residential use modifies desocupadoscon permanent character, by means of its remission to the corresponding sectorial norm of house, autonomic or state, with law rank, in order that can be applied by the city councils by means of the approval of the corresponding fiscal decree.
An optional advantage of until the 95 percent for the buildings destined to rent of house with rent limited by a legal norm is created, in which the subject houses to regimes of public protection in rent or houses in social rent will be able to take refuge in which the rent is limited by a certain regulatory framework.
An exemption for certain rentings of house is introduced to improve the fiscality of the renting of houses, in order to facilitate to the citizens the conditions of access to the same.
Ample the scope of the financially sustainable investments to take refuge the possibility of realising activities in the matter of house on the part of the Local Organizations. One is a modification that will contribute to eliminate barriers and to palliate the serious deficit of existing social house in our country.
Structure of the norm
The real present decree-law structure in four titles, and is made up of five additional articles, three dispositions, two transitory dispositions and three final dispositions.
Entrance in force
The real present decree-law will in force enter next day the one of its publication the Government reporter of the State, the 6 of March of 2019.
The transitory disposition first establishes that the subscribed contracts of renting prior to the entrance in force of the real decree-law will continue being in force by the established thing in the legal regime that them era of application.
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