September 26, 2020

the BOE of 2015 already included the option to register in sub-housing or without being an owner or tenant


Last Saturday, May 2, the Official State Gazette (BOE) public a resolution of the Ministry of the Presidency with technical instructions to the municipalities on the registration. Includes modifications regarding the previous order on this matter, March 2015.

Specifically, it obeys a judgment of the National Court, which admitted a demand from Cáritas for which is established that foreign minors under 14 do not have to present documentation other than Spanish minors to register. Therefore, from now on they can register only with the family book, or by providing only the birth certificate, and a passport or NIE will no longer be necessary, as was required of them. Among other things, they can thus be educated and access health and other social benefits without added obstacles.

In other points, the order remains exactly the same as in 2015. This is the case, for example, of the paragraph that has served for a series of media and political spokespersons to ensure that the Government will from now on allow the “squatters” to register in order to access the minimum income that has been approved in the context of the economic crisis caused by the coronavirus.

In reality, this option, which has to do with the right to be registered and to be able to access certain social services, as well as the fact that the social services want to have people located even without a roof, comes from an order of 2015. Then the party of the politician Rafael Hernando ruled, who nevertheless blamed this “nonsense” on Twitter for “social-communist engineering”.

Point 3.3 of the old order and from which just published, referred to the registration in sub-housing and homeless people remains unchanged in both texts, as can be easily seen in the links above to the two BOE, and as warned by, for example, Eva Belmonte, from CIVIO.

Excerpt from the BOE of 2015

Excerpt from the BOE of 2015

Specifically, it is pointed out that the infra-dwellings (shacks, caravans, caves, etc. and even total absence of a roof) can and should appear as valid addresses in the register. “The most extreme situations may raise doubts about the provenance or not of their record in the municipal register. The criterion that should govern this decision is determined by the possibility or impossibility of sending the registered person a communication to the address that appears in their registration. In the event that it is reasonable to expect that such communication will reach the recipient, it must be registered at that address, “states the order.

The professor of Criminal Law at Carlos III Jacobo Dopico points out that it is an option that dates back to at least 1997.

Under these conditions, the address of the enumeration will be that indicated by the social services: the address of the service itself, that of the municipal hostel, that of the specific geographical point where that neighbor usually spends the night, etc. In other words, it is the criteria of the social services that will determine the opportunity to register and where to reside in a house of these characteristics, or in the absence of it.

The usual way to register is to have a regular address with documentation (rental agreement or deed of ownership of the home, or certificate of the owner of the same). There is also the option of not having a habitual residence, as in the cases indicated above, and there one should go to the social services of each city council, as explained for example by the Madrid City Council website.

The third option, which is where the “squatting” case would come in, is to have a habitual residence without documentation from the home that certifies it. In this case, which does not appear developed as such in the ministerial order, if you want to obtain the register, the City Council or the social services must verify that residence and issue documentation that certifies it. In any case, a document that links in some way to that dwelling is necessary, as the own web to support squatting.

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