Comuns wants to limit housing purchases to residential use and veto acquisitions by companies

BarcelonaHalf of the homes purchased in Catalonia are paid for in cash, without a mortgage. according to data from the Notarial CollegeAccording to Comuns, this highlights that, at present, most home purchases are not made by families, but by companies that see This asset is a safe investment And they hope to make a profit. Jéssica Albiach's party has set out to combat this phenomenon, so they have registered a bill to prohibit "speculative housing purchases" in high-demand areas and ensure that all real estate purchases have a single objective: to live in them.

The text has already been introduced in Parliament and now Comuns wants to negotiate with the other groups in the chamber to have it processed in a single reading, without going through committee. They will have to convince the PSC that the Department of Territory is studying the legal viability of this measure. based on the report resulting from the Metropolitan Plan —Prepared at the request of BComú councilor Janet Sanz—, the proposal aims to implement in Barcelona a measure already in place in cities like Amsterdam. Inspired by this report, the proposed law from the Comuns party seeks to amend the urban planning law so that municipalities can introduce this veto through urban development plans. How? By stipulating that a person can only purchase an apartment if it is intended to become their primary residence, and they must move in within the following twelve months. There are, however, exceptions to the veto, which would be implemented through a special urban development plan. The proposed law allows a person to purchase an apartment for a close relative, such as a child, parent, or sibling. It also allows for a single second residence, provided it is located in a different municipality and is not used for seasonal or tourist rentals. Furthermore, inheritances are excluded from this regulation: a person could inherit an apartment even if they don't live there, or buy one to live in even if they have inherited another. According to sources within the Comuns party, the law is designed to facilitate families' access to the housing market, so they don't have to compete with companies and real estate funds hoping to profit from it. The result of conditioning the acquisition of housing on residential use is that, initially, it would be prohibited for companies. Sources within Comuns acknowledge that exceptions could be introduced, both in parliamentary negotiations and in municipal plans, to allow foundations or third-sector entities that would give them a social use. On the other hand, companies—and individuals—could buy an entire building, provided they used it for residential rental and complied with price caps. Legal debates

But can the Catalan Parliament influence what a person can and cannot buy, or should that be the responsibility of the State? Although Comuns hasn't ruled out promoting this regulation at the state level, with a decree-law that would affect land use law, sources within the party believe the law is "protected" since the prohibition is introduced through urban planning law. The Statute of Autonomy grants exclusive competence in urban planning to the Generalitat (Catalan government), and, moreover, Catalonia's urban planning law imposes on public authorities the obligation to ensure "sustainable urban development." According to Comuns, the "displacement" of residents from their cities and real estate pressure in neighborhoods violates this principle, justifying the intervention of local councils in areas with a strained residential market—a measure, they point out, that has been upheld by the Constitutional Court. The regulation they propose allows entities or residents to request a special urban development plan to introduce the veto, although the final decision depends on the political majority in the local council. Beyond the issue of jurisdiction, there is the impact on property rights. The proposal's preamble acknowledges that this measure constitutes a "limitation," but also points out that it is neither permanent nor definitive (it would cease to be applied when the area is no longer under pressure). "It is the only legally admissible measure in the face of the proven exceptional situation of risk of losing the right to housing for the majority of the population," the preamble states. Comuns has already indicated that it will put this proposal on the Government's table in the upcoming negotiations (including the budget negotiations, if they take place).