BALEARICS’ HOUSING LAW
As the Housing Law is linked to property transactions, it affects us from day to day in a personal and professional manner.
The new draft of the Housing Law of the Balearic Islands, even though not published or in effect yet, is undergoing some very important changes.
One of the main purposes of these regulations is to put into effect the Constitutional Right to Adequate Housing.
Adequate Housing was realized as part of the Right to an Adequate Standard of Living in the 1948 Universal Declaration of Human Rights and in the 1966 International Covenant on Economic, Social and Cultural Rights.
Here, the Right to Adequate Housing contains protection against forced evictions and the arbitrary destruction and demolition of one’s home, the right to be free from arbitrary interference with one’s home, privacy and family and the right to choose one’s residence, to determine where to live and to freedom of movement.
Secondly, the law describes a ‘Gran Tenedor de Vivienda’ – ‘Big Housing Holder’ as a private person or legal entity who is directly or indirectly a holder of minimum ten housings as owners, renters or are of any other legal figure allowing them to determine their use.
These holders will be demanded to hand over to the assigned board a list of unoccupied dwellings and to register these in the Register.
‘Unoccupied housing’ is defined as a dwelling which has bee uninhabited for a period of time superior to two years for reasons not justified. The proofs of unoccupancy can be demonstrations of low consumption through water, gas or electricity bills.
Furthermore, the big holders will hand over the administration to “IBAVI – Instituto Balear de la Vivienda” – the Balearic Institute of Housings for at least three years. They are required as well to provide a list of protected structures in their ownership.
Moreover, the new draft of this law requires to provide a valid housing certificate – Cédula de Habitabilidad (or the final certificate – ‘calificación definitiva’) of every property being in process of any transfer of use (sale, rental, etc.)
Another important article of this draft implements a truthful offer and promotion without hiding any basic facts of the assets or misleading the other party to any type of misconduct with possible economic consequences.
Even more, all the details and conditions included in the offer can be legally demanded later on by the buyer, no matter if they appear in the sale agreement.
Additionally, the Service of Assistance in matters of housing is designed to offer voluntary and out of charge advice and assistance to people or families in the process of access or defense of a dwelling.
Lastly, the law draws a demand for the real estate agents and agencies to be enlisted in the public registry of real estate, which will be created for this purpose.