If there is something that generates a lot of stress for investors, it is disrespect for private property. As we know, many people turn to the real estate sector to protect their assets; that is why the current increase in occupied flats in Barcelona alerts and worries.
Let's clarify that we are talking about
illegal occupations that have been taking place under circumstances that do not meet with a forceful rejection of the authorities and the laws. To some extent, this constitutes an incentive for those who seek and promote these actions.
The trigger for a situation that has been worsening since 2015 is attributed to the terms expressed by
Law 17/2019 of 12/31/2019 and its reform of 01/21/2020 (Law 1/2020). These establish conditions to execute evictions and evictions while enjoying full property rights.
Is the law promoting the occupation of flats in Barcelona?
For those involved in the real estate industry,
this law has been interpreted as a way to minimize the offenses against actions that threaten private property, and that have been incentives, for this increase in the trend of illegal occupations to occur.
These recent laws already had precedents in the laws enacted in 2015 and 2016 (24/2015 and 4/2016) regarding the same matter.
With these provisions, the legislator intends that before being able to carry out the type of actions already mentioned, the owner of the house that is being recovered
must offer a social rental option to those affected by the eviction.
That is, it is responsible for the residential destination of those who must deliver the home before being able to claim their right.
This clearly raises a controversy that has been brewing since then and that returns to the fore, due to the decrees that were published at the end of 2019 and the beginning of 2020.
www.skymarketing.com.pk strives to be Pakistan's biggest real estate developer ever, guaranteeing the highest international standards, prompt execution, and lifetime customer loyalty. With projects like
blue world city Islamabad
All these measures are aimed at what has been called in such laws as
"large holders”. Which are classified as persons, companies or organizations that own more than 15 real estate properties, and to which the provisions of this standard apply?
The
specific circumstances on which these obligations to offer social rental fall are three:
1) Before buying a property that has been given as part of payment of a mortgage loan in default.
2) Before filing a lawsuit requesting an eviction for any reason.
3) Before filing a lawsuit seeking foreclosure.
Controversy over private property
This is a controversial issue as it
delegates responsibility to the State. Since it is necessary to protect people at risk of residential exclusion) the now called "large holders".
Under penalty of pecuniary fines, they must offer the aforementioned social rental contracts to those who are affected by the aforementioned assumptions.
One last consideration is that
there is no clarity or consensus. The penalties must be solely administrative, or they must also be procedural. This is another reason why there is an increase in occupied apartments in Barcelona.
The point is the following: in the event of non-compliance with the law, is the action initiated null and void? Or does it continue and the rigorous fine is set? This may soon lead to reforms that deepen this sense.
In any case, these decrees have been promoting
acts of occupations that in the specific case of Barcelona have proliferated, becoming the city with the most cases of occupation in the entire peninsula. Due to the increase in occupied flats in Barcelona, the city has
more than a thousand occupations in dispute.
The other thing that is denounced is that at this point there
are already
illegal occupant organizations that detect empty buildings, (and even some whose owners occupy them intermittently) to invade them and take refuge in these decrees.
These decrees
give them rights before their owners can request eviction orders, which sometimes take up to two years to be granted.
More than 1000 cases of occupation in Barcelona in 2019
Towards the end of last year, the city council reported on the existence of
1,107 cases of occupied flats in Barcelona. Being the district of
Nou Barris the one that monopolized the greater number with 309 files.
It also stated that in its entirety they
corresponded to dwellings that are not used as a habitual residence, which should not be an extenuating factor, as long as private property is considered sacred, as established by the Constitution.
It is estimated that there are some 13,000 empty homes, which is being verified by census to promote an agreement between the owners and the authorities.
In this way, it is expected to find agreed formulas and plans that benefit those who are in a situation of residential exclusion.
Undoubtedly, balancing the problem of the housing deficit without affecting private property is a very thorny issue that will have to be seen what direction it takes. In any case,
encouraging the situation of occupied flats in Barcelona should not be the objective.
There are many situations that can lead to co-ownership of a home in which one of the parties wants to liquidate. When doubts arise in this regard, the best recommendation is to contact specialists in the field. Rentalias offers the best advice on real estate, including investing in bare property and life annuities.
SHARE ON TWITTER
Murshidalam.com