May 17, 2021

The Balearic Islands launches into the chalets of large owners for sheltered homes



The Balearic Government continues with its interventionist policy to obtain more houses in its possession. The Executive that directs the socialist Francina armengol it has approved a decree law that allows it to buy from the large holders all types of homes, including single-family homes; assign the right of first refusal and withdrawal to minor entities such as island councils or town halls, or extend this period of preference to two months, among other measures.

One of the main objectives of the decree, which modifies for the second time in a few years the Housing Act of 2018, is to allocate to different uses, especially housing, all the properties that the large holders buy and sell among themselves. Until now, the Govern I was only interested in those floors similar to those of Official Protection (VPO), since it was those that could be used for social rent. This left out other types of houses, such as single-family houses. However, the new decree opens the door to the purchase of all types of homes. In this way, a single-family could be of interest to social housing resources or sheltered housing for certain groups and the administrations may transfer the management to third sector entities.

For this, in addition, the Govern may assign the right of first refusal and withdrawal that was granted in the Housing Act of 2018. The recently approved decree law allows the signing of agreements so that this right passes to the island councils, town halls or entities with mostly public capital. In this way, any administration of the Islands may have a preferential purchase option in transactions between large holders.

The conditions of the right of first refusal and withdrawal and the obligations of large holders multiply. Thus, the right of withdrawal with respect to operations already consummated between large holders is extended to two months after the Administration He has knowledge – before it was one and, according to the Government, it was not enough. In addition, the obligation of large holders to collaborate with the Administration is reinforced, so they will have to provide more information about the buyer, the charges of the asset or the cadastral and registry identification. The obligation is both for the buyer and, alternatively, for the seller.

Also, the Govern increases the penalties for large holders and will penalize their failure to cooperate with specific and more serious infractions, both when they seek to prevent the emergence of empty floors and the exercise of the right of first refusal and withdrawal. As exemplified the Minister of Mobility and Housing, the socialist Josep Marí, not providing the required information or giving it incomplete or incorrect, is classified as serious with a fine of between 3,001 and 30,000 euros.

Equally, not communicating the transaction between large holders, both to the seller and the buyer, is classified as very serious, with fine of between 30,001 and 90,000 euros. For its part, not complying with the obligations with the community of owners, which becomes directly sanctioned as a serious offense, can lead to penalties of between 3,001 and 30,000 euros.

The decree approved by the government council prohibits the subletting of public housing, as well as the cession of total or partial use without control of the Administration. Thus, renting a VPO that an individual owns must be done for the maximum price set by the Administration. If it is exceeded, the contract can be terminated, in addition to being punishable.

With the Decree Law, an exception is introduced, so that if the tenant is a person or family in a vulnerable situation, they can continue in the home, adjusting the price set by the Administration, and the owner’s obligation to return everything charged is set. improperly.

It is also planned to provide inspectors with more tools to be able to detect infractions in housing matters, so that they can act without previously identifying themselves or, even, under a disguised identity, to detect infractions of all kinds in housing matters. It should be remembered that, as published ABC, the Govern from Armengol has almost a hundred VPO illegally occupied and that it is recognized as incapable of collecting one out of every four receipts it issues.

The decree also aims to increase the fight against substandard housing and its commercialization, which until now was punishable in cases of rent and now it will also be in cases of sale or any type of transfer.

The conseller Mari He has defended the validity and usefulness of a “novel and daring” law that has been, in some cases, “improvable” after its application. As explained, the decree provides for improvements on the processing and granting of aid. Thus, the obligation of the applicant to accredit the security deposit is eliminated and resolutions and partial payments are allowed as the processing of the files is completed.

For aid of other types, the applicant can be advanced 100 percent of the amount of the subsidy and Justification of expenses of less than 3,000 euros will be allowed by means of a responsible declaration. For all the calls, it will be possible to establish in the bases that the economic verification is made by means of a sample of the supporting documents of the realization and payment of the expenses.

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