The plenary session of constitutional Court has agreed to admit for processing the unconstitutionality appeals promoted by the governments of Andalusia, Catalonia, the Community of Madrid and the Balearic Islands, as well as by more than 50 deputies of the popular parliamentary group in Congress against the Housing Law.
This is reflected in the provisions published this Tuesday in the State official newsletter (BOE).
The resources are directed against a large part of the articles of the Law, which came into force on May 26, just before the regional and municipal elections, although the matter related to the tax incentives that will be implemented will remain until January 1, 2024. will apply to personal income tax to leases of properties intended for housing.
In general, unconstitutionality appeals focus on the price control of rentals; the declaration of stressed residential market areas; the definition of protected housing; incentivized affordable housing and the figure of the large holder.
Furthermore, against the duties included in the right of property; land reserves solely for social housing in stressed areas or the principles that protected housing should include.
It is also requested that the obligations established for large holders in stressed areas be declared unconstitutional; the purpose and financing of public housing stock; the criteria set for their management or the minimum information in housing purchase and rental operations.
Likewise, it is directed against the articles regarding the investment in housing policy programs; the characterization of the housing stock; uninhabited or empty housing or public land available for housing.
With respect to the provisions, the resources focus on price containment measures in the rentals; the review of the criteria for identifying stressed areas, and homes qualified with some public protection regime prior to the entry into force of the law.
Likewise, the modification of the Law of the land; the purposes of public housing policies; incentivized affordable housing; the objectives of the housing stock destined for social policies, as well as the competency titles.
The Housing Law, whose negotiation was unblocked at the gates of the regional and municipal elections and after three years of contacts, was definitively approved on May 17 in the Senate with votes in favor of the socialists and the pro-independence groups. and leftists on which the coalition government relies.
A month earlier, the text had received the green light from the Congress of Deputies.