If definitively approved, the new law would give city councils and homeowners' associations instruments to act against the illegal occupation of homes in those cases in which these actions generate dangerous situations for the building or alterations in neighborhood coexistence.
Good news comes with the announcement made today about the presentation of a bill in the Parliament of Catalonia that gives instruments to town halls and communities of owners for acting against the illegal occupation of real estate in those cases in which these actions generate dangerous situations for the building or alterations of the neighborhood coexistence.
“On different occasions we have already expressed ourselves around the problems that usually surround illegal occupations, from which coexistence problems are generated not only in the property but also in its surroundings. Different pieces of information that have appeared in the media these weeks highlight the use of any type of strategy, including the use of minors by mafia-like organizations, which increasingly generate more alarm and social rejection," says Carlos Sala, spokesman and manager. Legal API Catalunya.
As recalled by the organization, the groups of real estate property professionals (COAPI-AIC) promote and ensure that the owners maintain the social function of the home, so that it is used for the purpose for which it was intended and to avoid these anomalous uses that end up having a negative impact on the quality of the welfare state. "In fact, it is often certain large holders, linked to financial institutions, investment funds or even the SAREB who ignore these illegal jobs, because their ownership of the property is circumstantial," says the expert.
"Despite supporting this proposal, we understand that it is complementary and that it must be accompanied by those other initiatives that have been announced these weeks in the field of the State legislature to build a regulatory corpus that provides legal certainty as soon as possible to put an end to this problem that has not stopped growing in the last decade”, affirms Carles Sala.
THE DEBATE ON THE REGULATION OF THE ILLEGAL OCCUPANCY OF HOUSES CONTINUES
The recent agreement of the Council of Ministers on December 5 on the recommendation to file an appeal against a specific section of article 12 of Law 1/2022 is consistent with the set of legislative initiatives that have been announced to fight against a scourge that it creates social alarm and is taken advantage of by mafia organizations”.
The appealed article favored the occupation of homes, since since the approval of Decree Law 17/2019 the term from which the law protects and normalizes illegal occupations of residential properties has been extended.
The API reiterates the need to quickly resolve the legitimacy of this rule due to the legal uncertainty generated by these laws. They also express their surprise at the fact that the appeal does not address aspects declared unconstitutional after the approval of Law 1/2022, such as the mandatory social rental prior to filing a lawsuit.
Given the information that appeared on the agreement of the Council of Ministers on December 5 on the recommendation to file an appeal by the President of the State Government against a specific section of article 12 of law 1/2022, we want to make our positioning.
a. Squats: The reviewed article favored the occupation of homes, since since the approval of Decree Law 17/2019, the term from which the law protects and normalizes illegal occupations of residential properties has been extended. For this reason, we value favorably that, with the announcement of this resource by the President of the State Government, the consensus is extended to put a stop to the illegal occupations of houses.
That the State Government intends to put a stop to the current regulations that give legal coverage to squatting without qualifying title, we understand that it is consistent with the set of legislative initiatives that have been announced in recent months, aimed at fighting this scourge that creates social alarm and that is taken advantage of by mafia organizations that, among other things, take advantage of people in vulnerable situations.
b. Legal uncertainty: The appeal of the President of the State Government is the third that is accumulated against this law that is presented before the Constitutional Court and, therefore, we reiterate the need to quickly resolve the legitimacy of this norm, given the legal uncertainty that They generate these laws that, as the Court declared, contain “coercive, non-voluntary measures, limiting the right to property. Limitations of the maximum intensity, (...) that closely pressure the owner" (STC 16/2021).
c. The unconstitutionality of the procedural obligations of the forced rent: While waiting to know the possible agreements of the State-Generalitat Bilateral Commission for having limited the recourse of the President of the State Government to only one article of the law, we express our surprise for the fact that the appeal does not attend to aspects declared unconstitutional after the approval of law 1/2022.
We would like to remind you that recent decisions of the Constitutional Court leave certain obligations prior to the presentation of executive actions in the judicial sphere out of the compulsory rent due to their incidence on procedural law. Remember that STC 28/2022, on Decree Law 37/2020, already declared the lack of competence of our legislator regarding the procedural requirement of having to offer a mandatory social rental prior to filing the lawsuit. In addition, it determined the impossibility of interrupting procedures initiated and also declared the incompetence to regulate from Catalonia the suspension of launches for any reason. Similar arguments reiterated after STC 57/2022, of April 7, precisely to an appeal by the Government of the President of the State Government, to (among others) arts. 17 and 18 of the Catalan Law 11/2020, which treated these issues identically.
d. Vulnerability: From the API collective we have always expressed ourselves in favor of protecting vulnerable situations of people in a situation of difficulties to stay in a home, but this is a welfare policy that cannot be charged exclusively to the owner, and it should not be legitimized and regularize the illegal occupation of real estate as a way of accessing a house.
Housing in Catalonia in October 2022 had an average price of €2,559/m2, 1.88% higher compared to the previous year, but falling -0.73% compared to September. In terms of prices, Barcelona (€2,919/m²) was the fourth most expensive province in Spain. Year-on-year, Barcelona (3.09%) recorded the most intense rise at the regional level. For its part, with 4,434 €/m2 in October 2022, Barcelona was the second most expensive provincial capital in Spain.
- The rate of production of new construction is low, which transfers the weight to the second hand and prevents reductions from materializing.
- House prices will tend to moderate, but no pronounced adjustments are expected.
- The situation of the residential market is very particular because the property is at the center of the life plan of many Spaniards.
- The sprint to buy a home before the rise in mortgage prices intensifies is practically exhausted.
- The third rise in interest rates by the European Central Bank in October could not be the last, given that the body is determined to control inflation.
- Although the appetite to buy a home will lose momentum due to economic difficulties, prices will not experience striking cuts because "supply continues to be lower than demand, despite the fact that part of the potential buyers will extend their period as tenants"
The province of Barcelona with €2,932/m² ranked fourth among the most expensive in Spain. The city of Barcelona grew by 1.72% in the third quarter, reaching an average of €4,448/m² in September 2022. Compared to the Catalan municipalities, Sitges, with €4,529/m², was the eighth most expensive city in Spain.
With regard to the districts of Barcelona capital, the most relevant quarterly increases came from L'Eixample (4.22%), Sant Martí (3.85%) and Sants-Montjuïc (3.40%). In this same period, the only fall was that of Ciutat Vella (-2.10%). From one year to the next, the districts that grew were Sant Martí (8.04%), L'Eixample (7.93%) and Horta-Guinardó (6.93%). In the falls section, only Ciutat Vella fell (-1.81%). Sarrià-Sant Gervasi (€5,754/m²), L´Eixample (€5,571/m²) and Les Corts (€5,425/m²) were the most expensive districts, while the cheapest were Nou Barris (€2,578/m²), Sant Andreu (€3,151/m²) and Horta-Guinardó (€3,319/m²).
Second-hand housing continues to rise in the third quarter of the year, but with the recent increases in interest rates by the European Central Bank, the slowdown will soon begin. All this, together with the rise in mortgages and the possible arrival of an economic recession, will limit the thrust of a market as people focus on saving.
he typical apartment in Catalonia registered an average price of €11.76/m² in August 2022, which represented a monthly increase of 0.86%. Compared to August 2021, the increase was 8.79%, the second largest national increase, according to the monthly rental price report prepared by piso.com
The increase in rental prices in Spain is confirmed, reflecting the skyrocketing inflation that the Spanish economy is experiencing.
The rise in interest rates operated by the ECB is already making mortgages more expensive.
The drop in consumption that is coming will be transferred to rent, since the people who had planned to buy will wait.
Barcelona was the most expensive capital in Spain
Compared to July, Barcelona (2.92%) was the Spanish province that grew the most. At €12.95 per square meter in August 2022, Barcelona was the second most expensive province for tenants in Spain.
In the prices section, Barcelona (€18.36/m²) was the most expensive provincial capital in Spain.
Catalonia was the third region with the most expensive monthly payment for tenants, behind Madrid (€13.56/m²) and the Balearic Islands (€12.65/m²). For its part, the standard rental flat in Spain had an average price of €10.19/m² in August 2022. This figure showed a monthly fall of -0.49%. In the year-on-year comparison, it rose by 4.73%.
Second-hand housing in Catalonia in August 2022 had an average price of €2,581/m2. This figure represented a monthly rise of 1.56%, the second highest in Spain. Year-on-year, it was up 3.05%.
Catalonia was the fourth most expensive autonomy. As for second-hand housing in Spain, in August 2022 it earned an average price of €1,951/m2, posting a monthly rise of 0.95%. From one year to another, the registered figure marked a rise of 5.26%.
Barcelona was the second most expensive capital in the country
Monthly, the province of Barcelona (1.84%) was the third in the national ranking of promotions. In terms of prices, the fourth most expensive province in Spain was Barcelona (€2,941/m²).
Barcelona city (2.99%) had the most intense monthly increase in the country, with €4,473/m2 in August 2022, it was the second most expensive provincial capital in the country.
Evolution of housing prices in Barcelona August 2022
The residential market has experienced incredible dynamism throughout 2022 (it has even reached price levels prior to the 2008 crisis), but from now on the figures may drop in certain media due to the fact that with the rise in rates of July carried out by the European Central Bank and that which is forecast in September, there will be a decrease in the purchase of housing due to the increase in the cost of financing.
With inflation that has been running for two months now at a rate of two in a row, the recession is a more than real threat to the economy, especially if other variables such as GDP or unemployment are taken into account, all of which will cause a drop in real estate transactions, and this will end up in prices.
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