HE State Will change the Land Law Benefiting from the processing in Congress of new housing regulations adopted by the Coalition Executive with the ERC and Bildu. As confirmed by sources from the Prensa Ibérica group to El Periódico de España from the Ministry of Transport, Mobility and Urban Agenda, Moncloa “is protected housing promotion rent limited price“and it will do so through a provision in the new Housing Code announced this Friday.
The reform will change the percentages that landowners will have to set aside for subsidized housing. According to the plans of the government, in the new urbanization actions minimum reserve will increase from 30% to 40% of developable land. In case of urbanization reform or renewal actions on non-consolidated urban lands, this rate will change from 10% to 20%.
The text, which will go to the Congress of Deputies with the Housing Law, leaves one exception open: “In the new urbanization movements, full compliance with the reserve within its territorial scope is guaranteed in the planning tool According to the document accessible to El Periódico de España, a practice that respects the principle of social cohesion and the distribution of its position”.
From the Ministry led by Raquel Sánchez they guarantee this change in land transfer for subsidized housing. It could have been done through amending the Land Law, which is currently underwaybut he said they preferred to do so through the Housing Act, as it “makes more sense” within the policy the Executive is pursuing.
What if it continues?
Daniel Cuervo, general secretary of the Spanish Association of Supporters and Builders (APC), explains that one of the immediate consequences of increasing the minimum reserves for subsidized housing will be: “free housing will be much more expensive“.
Association director, this subsidized housing reform would have to go hand in hand with updating modules. What are the modules? The maximum price at which a sheltered home can be sold is determined by each region and varies depending on the enclosure it has and its location. For example, in the Community of Madrid it has not been updated since 2008, and this is one of the biggest requests from the real estate sector in recent years.
This amendment to the Land Code to support the creation of subsidized housing may be ineffective if maximum selling prices are not raised. Because? As construction costs have increased since 2008, it has reduced the remaining margin for developers to the point where: not wanting to build on them.
“The prices of the modules vary for each autonomous community and if they are not updated, the construction costs will increase and those lands will be prevented from becoming paid. Since the selling prices are the upper limit, it makes it impossible to operate and you are protected. The lands that you cannot bring to the market Protected reserve land from 30% to 40% if removed, It is urgent to update all regions that are not updated.“, ending the APC general secretary.
a word waiting
This punctual reform of the Land Code will be carried out regardless of changes to the norm that the Executive is currently making. As reported by EPE in October last year, the Ministry of Transport, Mobility and Urban Agenda has been working for months to pass a legislative change. prevent urban development activity from stopping due to formal defects in the process.
The government’s intention is to “tackle the current problems faced by all beneficiaries, both public and private, and address the issue of processing hundreds of city plans where the general plans have been canceled due to judicial appeals. declared void and void for shape and trivial aspects”. Precisely in recent years, judicial appeals have put an end to numerous planning tools, such as the urban planning plans of cities such as Vigo, Santander, Castellón or Santa Cruz de Tenerife.
The latest change in its operation dates back to December 13 of last year, when the rule reached the Council of Ministers as a preliminary draft. Until last January 9, the bill was in the public information phase and 107 claims, 46 from environmental associations. The rest came from lawyers and architects, the College of Architects and Property Registrars, the governments of Galicia and Extremadura, Madrid City Council, business associations and trade unions.
From the law firm Garrigues this change to the current regulation”A milestone of great importance in our legal system to the extent that it deals with the regulation of issues that arise with great repetition in administrative and judicial practice”.