Jiménez Administració
Home About Us? Our Services Our Policy Legislation Advice Links Location Contact

 
This is the Law 18/2007 of 28 December, the right to housing.
Purpose of the Act governing the right to housing, meaning the right of everyone to have access to decent housing that is suitable to family situation, economic and social and functional capacity.

Content.
a) Sets the set of actions, rights and obligations of public and private stakeholders involved in social and housing sector and assigns responsibilities in this area.
b) Define policies for housing and planning and programming tools for its implementation.
c) Set the parameters of quality and accessibility of housing and measures to ensure their proper use, conservation and rehabilitation.
d) sets out measures to ensure protection of consumers and users of housing and property market transparency.
e) Define the rights, duties and criteria which must be respected in the exercise of advocacy, construction, and administration of housing transaction.
f) establishes the legal regime and the conditions of allocation, management and control of public housing and regulates the provision and other actions that can be protected.
g) Establishes administrative control measures and inspection.
     


Social function.
The right of property must fulfill its social function. Defined in Art. 5 the cases of default, including the housing are permanently unemployed and unjustified, the housing overlaboured or when OPV is not intended to and permanent residence of the owners.
Areas subject to first refusal. The municipalities, to meet the objectives of local housing plans may define areas in which they can exercise their rights of first refusal in favor of public administration on whole apartment buildings used primarily as housing and areas that may exercise the rights of first refusal in favor of public administration on specific homes. In these areas, it may be possible to transfer a title if the property they want to convey is intended to house or, for entire buildings, to use mainly housing and can not meet or comply with the relevant rehabilitation works, living conditions legally required.
Tourist use of the dwellings. To allocate housing to tourist use should be made for a mandatory license for the City of activity intended use and any other sectoral authorization is required. Article 19.
The building book. Information is the tool life of the building. Article 25.
- Must include the following: a) The characteristics of the building, facilities and common services and other elements and materials, as well as the quality and guarantees. b) The officers responsible for the process of building and building quality. c) The administrative authorizations for use or occupation and the conditions of supplies and facilities allowed. d) The holding or maintenance instructions and technical requirements, adjusted to the rules. e) The limitations of use, risks, insurance needs and responsibilities. f) The improvement works to be carried out to adapt housing to the technological requirements and comfort. g) The proceedings of architecture to ensure social cohesion, sustainability, eco-efficiency and innovation.
- The model will be established by regulation before 9 July 2008.
- Minimum Documentation: a) The basic identification documentation of the building and the legal system, and subsequent amendments. b) The final documentation of the work performed and the successive alterations or change of use being implemented. c) on the conservation, use and maintenance and to generate building management and periodic technical checks required.
- Delivery. Developers must deliver the book building to the purchaser if the person is the sole owner. In subsequent transmissions, the book should be always delivered to new purchasers. In case of joint ownership of property should be delivered the book to the president, which should make owners know they have it available.
- Registration of the property. The promoter or promoter or the owner or sole owner of the building must deposit a copy of the book building in the office of the Land Registry where the building is registered. The fulfillment of this obligation must be recorded in accordance with the provisions of mortgage legislation. The copy of the book building can occur on computer and is stored in the Property Registry for the life of the building.
- Existing buildings. Only be required in the circumstances and the content is established by regulation.
- Certificates. The registrars may issue, on paper or computer, at the request of persons who show a legitimate interest, certificates representing the books of the building with the file, in accordance with the provisions of mortgage legislation.
Certificate of occupancy. The certificate of occupancy and in the case of social housing, the final grade are the specific documents showing that a home meets the quality requirements established and therefore is suitable for intended residence. To occupy a dwelling, it must have previously obtained this accreditation. Article 26.
- Transmission. In any transfer by sale, lease or transfer of use, including from second and subsequent transmissions, we must prove that the home meets the quality requirements through the delivery or provision of the certificate of occupancy in force, in which presentation may exonerated in cases and under the conditions laid down in Article 132.a.
- Supplies. The companies providing electricity, water, gas, telecommunications and other services must require end users so they can hire the services.
- Licensor. The department responsible for housing, subject to be able to delegate their execution to local authorities.
- Tourism. Is required only for rural tourism.
Building permit. Is ensuring that the project meets the conditions of housing quality and housing buildings.
First occupation. Planning permission first occupancy attesting to compliance with the conditions imposed by the licensing of building works.
Rent forced. Art. 42 is devoted to actions to prevent the permanent vacancy of dwellings. Laying down measures to promote and guarantee the payment of rent or the possible sale to the public administration to manage the housing rental system, among others. If they fail, in areas declared as residential demand strong and authoritative, the government may declare a breach of the social function of property and forced to agree to rent housing. The finding of breach must be made through a contradictory record, according to rules established by the administrative procedure. In the plea agreement should also noteworthy that, after two years from the notification of the declaration, if not corrected the situation of unemployment, for reasons attributable to the property, the government may temporarily seize the usufruct of the house, for a period not exceeding five years to rent it to others.
Substandard housing. The government should ensure to prevent substandard housing estate in a position to be sold, rented or loaned as housing. The statement of substandard housing be agreed upon contradictory handling of the case, according to the procedure established by the law of administrative procedure. This declaration can apply for the Land Registry. If involves a ban on housing, has the same legal regime that provided for in Article 26.1 of the Mortgages Act and state should be recorded in the Land Registry ..
Transmission and rental housing. Arts. 62 to 66.
- Principles contract. The terms of contracts of transfer of ownership or transfer of use formalized in the framework of a business or professional activity must meet the following requirements: a) concreteness, clarity and simplicity in writing, with the possibility of direct understanding, without reference to texts or documents which have not been provided prior to or simultaneously with the execution of the contract. b) Good faith and fair balance between rights and obligations of the parties, except as defined unfair. c) In case of doubt about the meaning of a term, the most favorable interpretation prevails consumers.
- The transmission and rental housing can only be done when you reach or help achieve the requirements stipulated in Chapter I of Title III (ss 22 L 28). Compliance with this requirement must be documented by certificate of occupancy or the final grade in the case of public housing. In the event of transfers of non-residential new construction, can be dispensed with the filing of the certificate of occupancy under the terms specified by Article 132.a.
- Requirements to transmit or receive housing construction cuenta.Art quantities. 63.Son prerequisite for concluding a contract for the transmission of a house under construction or to receive any payment on account: a) Have a building license to describe the property subject of the transmission. b) Promote the ownership of a right that entitles the estate to build on it, or to rehabilitate and to transmit it. It should be an express mention of the liens and encumbrances affecting both housing as the common elements of the building to which it belongs. c) Be granted guarantees and insurance legally required. d) To identify the mortgage for each property registration, if any.
- Conditions for transfer of newly built houses completed or receive advance payments. Section 64. Are prerequisites to sign contracts for transmission of a newly finished home construction or major rehabilitation or to receive any payment on account: a) Having a license as housing construction to describe the property that is subject transmission. b) dispose of the connection to the general supply of housing individualized for each building, where the rate of supply permits, in accordance with current legislation. c) Be granted guarantees and insurance legally required. d) have concluded the book for the building. e) To have split the mortgage, if any, between all entities of the property registry.
- Documents must be delivered to the adquirentes. Art. 65.
- In the acts and contracts for transmission of new homes, transferors must deliver to the purchasers the following documents: a) The floor plan of the building. b) The floor plan, with specification of the floor space and built, where new housing, as measured accredited by competent technicians. If there are attachments, the measurements must be differentiated. c) The list of specifications. d) The certificate of occupancy, or final certificate of qualification in the case of a protected dwelling. e) The certificate of fitness in the event that the building has been forced to pass the technical inspection of the building. f) A simple informative note the Land Registry, updated. g) The documentation relating to security of housing, with specification of the guarantors, holders of the guarantee, the rights of owners and the time duration. h) Documentation on the mortgage, if it has been established. i) The instrument of declaration of new construction and horizontal divisions, and the statutes of the homeowners association, they have already been awarded, if any. j) The documentation required for the services and housing supplies.
- The events and broadcast contracts second transmission housing or successive transfers, it must deliver to the purchasers documents identified by the letters d, e, f, i and j refer, in the case of a home in horizontal property regime The certificate concerning the status of the transferors debts with the community, which should contain, in addition, the recurrent costs of distributing approved pending.
- Expenses. It should be borne by the buyers.
- Leases. The delivery of the documentation of information required in the offer of a lease is required for a contract is signed. The occupants are entitled to the delivery of the certificate of occupancy or equivalent accreditation with the signing of the contract. It provided security for urban properties and deposited in the Register of Bonds Rental Agreements Urban Farm
Social housing. Arts. 77 to 91
- The legal común.1. The homes designated as protected from the entry into force of this Act are subject, during the qualifying period, the legal regime summarize:
- Must be intended residence of the owners or occupants (at least 9 months per year).
- You can not sublet or rent part, except that owned by government, its instrumental bodies or nonprofit entities ..
- Attaches to the right of first refusal of the Administration that we will see.
- They can be disqualified in any case the interests of the owner, only the public interest.
- You can enjoy its use before it entered into the corresponding contract.
- Must be employed effectively within the period fixed by government regulation.
- Must maintain and service users.
- The allocation and transfer must be bound specifically to the provisions of Title V.
- They can be the domain transfer deeds or use of public housing built on land earmarked for this purpose without having obtained a final rating. Acts that violate this prohibition are invalid.
- In case of sale of public housing as a condition of validity, must register their qualifying final at the Land Registry.
- Prohibitions.
- From acquisition. The owners of public housing can not afford alternative housing, but not intended for regular or permanent residence, except for acceptance of an inheritance or an act of donation of any kind, and where justified by changes in family status, labor mobility reasons or exceptional circumstances so warrant. Article 81.
- The surcharge. Are null and void clauses and stipulations set prices higher than the maximum. In these cases, it is understood that the transfer has been normatively by the maximum price allowed, entitled to a refund of the difference. The remainder of the contract is valid if it meets the other requirements for the transmission or transfer of use of the subsidized housing.
- Visa. The acts and contracts of transfer and assignment of use must be countersigned by the competent department of housing before granting the relevant public document. The deadline is a month. Transmissions are null and assignments of using public housing for any purpose without obtaining the mandatory visa. In the case of revocation, the Administration should pursue the action for rescission.
- Rights for the acquisition Administración. Arts. 87 to 91.
- There are rights and withdrawal option for the Administration of the Generalitat, as the rating is in effect subsidized housing, must be stated in the acts and contracts of transmission of OPV, and notifications.
- Sources. In matters not covered by this Act, applies the civil law of Catalonia.
- Right of option. Art. Fixed 88 cases excluded from direct relatives as gifts, inheritance or court proceedings. Art. 89 sets the notification requirements and e90, the procedure. The department responsible for housing must decide. If not done in two months, or does not provide a customer, the owner can look you straight from the entry in the Register of Housing Applicants Official Protection.
- Right of withdrawal. You can practice if they have not fulfilled previous control instruments. Has a deadline of thirty days from the day he was aware of the transmission completed and their conditions.
- Registration of applicants for VPO. Regulated in the arts. 92 to 97.
Collaboration of Notaries and Registrars in the implementation of the Arts Law 132 to 136.
- Acting Attorney. Article 132. Notaries, before authorizing the signing of an act of transmission or transfer of use of dwellings, should enforce the provisions of this Act, in particular:
a) The home must enjoy existing certificate of occupancy or, in the case of public housing, of the final grade, and in the case of municipalities benefiting from the provisions of Article 26.5 of the first occupation license to free housing, documents to be delivered to purchasers or users. One can only exonerate the purchasers in the event of transmission of non-residential new construction, provided that a competent technician housing report may obtain certificate of occupancy after rehabilitation works.
b) Building log unless existing buildings which are not subject to this requirement.
c) transmitting autopromotores housing before the period of ten years must provide insurance and guarantees for the term remaining, except that the purchasers expressly exonerate them.
d) The transferors must say that you have fulfilled the requirements and have made available to purchasers information and documents required under Chapter VI of Title IV.
- Special requirements for OPV. 133. Be credited by Visa, which is protocol.
a) The transfer of land classified as residential housing intended for official protection, must be expressly stated that urban classification.
b) must comply with the maximum selling prices and conditions subject to which the transmission.
c) The award must comply with the procedures set out in chapter IV of Title V and the bidders must be registered in the Register of Housing Applicants Official Protection.
d) must be obtained and delivered to purchasers or users the final grade or, in the case of second and subsequent transmissions, the appropriate visa.
- Rights of first refusal.
- Before authorizing the issuance of deeds of transfer, the VPO, notaries must require proof of proper execution of the notifications, what should be the relevant testimony in writing.
- If these rights are exercised in favor of one of the entities referred to in Article 87, the writing has to be lodged directly with acquirers and transferors selected by the Administration.
- These rules also apply to areas subject to rights of first refusal (Article 15).
- Requirements for registration. 135.
- Do not accede to the Land Registry deeds that have not fulfilled the provisions of Articles 132 to 134, relating to the duties and obligations as prescribed therein.
- Must be recorded in the enrollment limitations established by the settlement of rights of first refusal, and guarantees the exercise of these rights.
- It's enough to inscribe the title administrative act of exercising the right of first refusal by the relevant public administration.
- The transmission of OPV can not register without proof that notices have been established by this law.
- Proof of registration actions administrativas. Artículo 136.
- General rule. Are recordable administrative acts in implementation of this law, have real significance on the domain or other property rights or affect the legal status of the property.
- Deposit of book building. Shall be noted by footnote. If the promoters do not provide, registrars of property must notify the competent administration that requires it.
- The administrative acts, except in cases where the law so provides otherwise be entered by administrative certification. They state:
a) The statement of substandard housing, in accordance with the provisions of Article 44.
b) The statement of conservation and rehabilitation area, governed by Articles 36 and 37.
c) The declaration of area subject to first refusal established by Article 15.
- Other acts that may contain:
a) Resolutions involving the granting of assistance to housing.
b) The resolutions issued by the enforcement of an execution order breached.
c) The initiation of disciplinary proceedings, provisional and definitive resolution.

Entry into force: On April 9, 2008

 


in Spanish

 


top



Virtual Office Budget Request Estate Deals
Industrial Jobs Ask to Administrator New Law in Catalunya
 
Copyright 2009 © Teófilo Jiménez. Privacy Policy. Legal Notice
c/. Buenaventura Aribau 27 local, esq. Francesc Macía en Sant Boi de Llobregat, 08830 - BARCELONA
 
Francés Español Catalán