nationalists CiU and PNV abstain in the vote to be considered "inappropriate" the debate the same day the FEMP announced that the mayors of Spain asked the Government to launch an initiative same . PSOE and the PP have joined forces in the House of the Congress of Deputies to reject the bill and ICV UI claiming mortgage change legislation to force banks to accept delivery of the property is enough to repay a loan. Was defeated by 320 votes against, eight in favor and nine abstentions.
IU parliamentary initiative and ICV also demanded the recognition of subjective rights and "legally enforceable" of every citizen to decent housing. Faced with these approaches, PSOE and PP fully agreed in their arguments to reject the proposal "violated the powers of the state government in this matter, besides pointing out that lead, they say," more spending, more deficits, more interventionism " . IU and ICV
also called the "prohibition of unfair terms" in contracts, such as imposing default interest in excess of remunerative, guarantees for amounts that exceed the price of the house itself and the imposition of fees for the study or grant a mortgage loan.
It so happens that the same day that the PSOE and the PP were consistently demolishing the consideration of this parliamentary initiative, the English Federation of Municipalities and Provinces (FEMP) announced on behalf of the mayors of all political - including socialist and popular that they had 'lying' in Congress to ask the government and the parliamentary groups that address the regulatory changes necessary to ensure that mortgages can be settled with the delivery of housing to the lender.
Congresswoman Nuria Buenaventura, on behalf of IU-ICV, said in his speech that "this initiative is the realization that housing is a right to be protected, especially in the context of crisis which we live, and how this should be top priority for any government left. We understand that this bill is intended that the unit passes the field of the guiding principles of social and economic policy in the field of civil rights. "
explained that "one of the key elements that allowed the creation of the 'housing bubble' was the granting of mortgages in high-risk conditions, lending more than the amount of housing to families who spend more than 50 percent of their income to pay for them and for a long time growing, reaching 40 or 50 years. This practice has contributed to one of the private overborrowing highest in the world and, worse, is that this is a practice encouraged by financial institutions with the passivity of both the Bank of Spain and the Ministry of Economy and Finance. " Buenaventura
recalled that "the government has for years allowed the logic, we believe cacique, the 'quick buck', so common in our country, and a mortgage autism and neglect the rest of the fields of urban action, such as rehabilitation, urban regeneration, housing off empty and practice the politics of land and environment. And what has led this party of boom brick? Unemployed, the highest in the European Union in recession and economic crisis, the harshest and longest of the European Union in family indebtedness and, therefore, in foreclosure, in economic financial risk for delinquency cases and banks, and a used housing stock and a new empty unsold. "
Congresswoman presented on behalf of IU-ICV a positive set of proposals which, despite its undeniable logic and its undoubted benefit to the poorest, did little to change the voting against PSOE and PP. "Limiting the eligibility criteria for future mortgages," he said not enough because there are now many, many families following the crisis can not afford the mortgage and who are victims of the stimulus to the overhang of the bubble years property. Therefore, this bill also wants to protect these vulnerable people by increasing revenue margins indefeasible. It is also contemplated the possibility of offering alternative proposals for resolving the default properly justified and reasonable, as might be staying in the house but with a lease or usufruct in favor of the credit institution, or the renegotiation of debt in an orderly, gradual and realistic adjusted to the economic reality of the individual mortgage and family members living. This proposal also prevents housing units to be auctioned over the legal price and requires that the award to an individual in need of housing and that legal requirements are met. "
INCLUDED BELOW THE FULL TEXT OF THE PROPOSED LAW E IU ICV yesterday rejected with the votes of PSOE and PP, and the abstention of CiU and PNV. A TABLE OF CONGRESS MEMBERS
Under the provisions of the Rules of the House, the Parliamentary Group Esquerra Republicana - Izquierda Unida - Iniciativa per Catalunya Verds presents the following bill on the right to housing.
PREAMBLE
Over the years the house has been assessed from two perspectives, as a social good and also as an economic good.
one hand, this is a good first need that is directly related to a basic need, is a social good. It is the space where they develop personal and family life. So much so that is the subject of today's social rights recognized in the constitutions of almost all European countries and also internationally (International Convention on Economic, Social and Cultural Rights). But at the same time is an economic good, a commodity, both from the standpoint of the citizen that sometimes it takes as an investment as well, from a macroeconomic point of view where the construction sector is well linked to present weighing on the economy State general. For various reasons it is a crucial sector in any economy of a country. Housing investment, their share of economic activity, their influence on the work or its significance in the overall financial system make this market a realm of constant government intervention.
This double dimension has influenced the intervention of public authorities, which often have been more attentive to the relationship of the housing market with the development of the economy of the State to adopt measures to ensure effective access to this well .
However, the legislature must make the synthesis of all these interests in mind housing on the property. But always having as objective the realization of social rights to adequate housing.
Internationally Universal Declaration of Human Rights adopted in 1948 picked up the right to housing as a basic right, essential to ensure a decent life for people.
Both the definition content of the right itself as the existence of legal instruments that guarantee in the various states are obstacles which the Committee on Economic, Social and Cultural Rights has highlighted and sought to alleviate.
In the English State, to enjoy decent and adequate housing, according as provided by Article 47 of the English Constitution is a basic right of social and economic status of all citizens, whose recognition implies a mandate for the government to take necessary measures to enable their effective and real exercise.
This right is an expression of the concept of social state and of law recognized in Article 1.1 of the Constitution itself. That means it must be interpreted not in isolation but integrated with the other rights recognized in this text.
Therefore we can say that housing is not only a place of refuge from the weather, but housing is a necessary compliance with a set of social needs, through which reflect and develop the processes of integration and normalization within each society. Should form a suitable space for the satisfaction of a certain personal and family requirements for the enjoyment of other basic rights under the Constitution, and ultimately enable people to develop their life projects released this contingency.
housing therefore is not considered only as a well considered individually, but, from a global approach, it is impossible to distinguish it from the physical and social environment in which it is located.
On the other hand, from the point of view of guarantee this right is recognized in the constitutional text between the Guiding Principles of the social and economic policy, which means in accordance with Article 53.3 EC is not directly enforceable right by citizens, but only in terms of what its implementing regulations established.
Now it is incumbent upon the legislature to decide whether the right to housing must remain a guiding principle of social and economic policy, or may, by law, become a real subjective right, inherent to the status of legal subject residing in the English State.
This Act is intended to be an expression of social state and this necessarily entails a conceptual important transformative. Housing is intended to pass the land of the guiding principles of social and economic policy in the field of civil rights.
are three main hubs that can afford at this time that the property is a real civil right enjoyed by the public widely: push mortgage fiscal lever and the lever of public service.
regard to the first axis, the mortgage should be noted that the granting of mortgage loans, made without the appropriate guarantees from lenders, may lead to an inflationary spiral in prices of private housing. We all know that
the provision of mortgages by over 100% of the theoretical market value of private housing to purchase from people who have to contribute more than 50% of their income to buy that home is a speculative practice that sooner or later, it explodes. People who have over-borrowed in the past few years understand this situation without major problems. They sold a free housing at a price that high, they were given a mortgage that committed most of their personal or family income and was told he could rest easy as the free housing always goes up in price, would be able to pay credit and also would make a great business. However, it is clear today those who have done a wonderful business with citizens over-indebted are the land owners, developers and homebuilders and lenders with a greater presence in the mortgage market, all accompanied by an inhibition unjustifiable state. These inflationary spiral and speculative about the price of private housing will not discipline themselves through self-regulation in the sectors concerned and should be the law that mark a fair playing field.
precisely for that purpose this Act sets up a system of temporal and quantitative limits on mortgage loans that can be granted by a lender to a particular the purchase of private housing. These limits, existing in other EU states, not just limited to over-indebtedness mortgage, but gradually reduced the price of private housing, having to adapt it to purchase the average capacity of citizens within that framework against over-indebtedness.
The analysis should be to unite the global crisis, which has effects on local economies, and in the English case has elements that increase endogenous reality and future prospects. The wealth generated in the last decade was not distributed properly, and the imbalances that occur after years of expansion can not be relativized: biased towards the construction investment, job creation, low quality, maintenance of the inflation differential with the EU, high private debt, or breach of environmental commitments. After more than thirteen years of steady growth, nearly 11 million employees are mileuristas, wages have lost share in national income and barely managed to maintain their purchasing power, high temporary employment may result in many unemployed do not have access guarantees the protection of unemployment, and are not sufficiently advanced in social protection and closed the gap that separates us from the more advanced countries the EU.
In particular, we can not forget that while our labor market has created employment intensity in the growth cycle, much of what he is poor, very poor and therefore very fragile before the change cycle. The unemployment figures are very worrying, after a period of growth had a positive effect on the labor market and allowed to absorb much of the existing unemployment, now shows that the stagnation in economic growth and increased unemployment are affecting all groups of workers in all economic activities. The crisis will also test our welfare state and the mechanisms cohesion.
This necessitates measures to avoid leaving thousands homeless, without financial resources or in situations of helplessness, as household debt due to the unlimited liability of home equity loans or debt by a stimulated stage low mortgage rates and a constant appeal to the immoderate consumption in recent years.
Moreover, the Act introduces a number of mechanisms for improved regulation of the protection of consumers and users in the field of housing, to address situations of fragility detected on the housing market and a regulating the processes of implementation of the mortgage loans also more protective of the interests of a citizenry that is in a position of special vulnerability to the economic crisis.
The second aspect of housing is the prosecutor. In Spain we have had in recent decades a tax system that has favored the purchase of private housing rentals also compared with free housing, free housing opposite the housing (although this privilege has been lower than the previous one) and housing unemployed employed outside the home. We must implement a tax system that rewards the house protected from free housing, rent against the purchase and housing occupied outside the home unoccupied. Moreover, the English tax system has been particularly weak against speculative benefits that have occurred in certain purchase-sale of land, housing development and sale of housing. This fiscal laxity against phenomena which lead to exponential growth and speculative price of private housing should be finished towards the protection of public interest.
The third vector that can deliver the right of citizens to access decent housing at an affordable price is the Public Service. As regards housing, the English government must transcend, not leaving the building to fully enter service in the field of public housing. In this way, they may provide public goods and services to the public housing at a price below the market. Obviously public policy with greater social impact is the creation of permanent public parks for rent, but other measures such as subsidized housing production qualified for life and sold the surface rights also contribute to the satisfaction of citizens' right to decent housing an affordable price. This Public Housing Service would achieve two purposes. The first course would be to serve at prices below those of the private housing market with subsidized housing to millions of citizens. The second, somewhat less obvious, but objectively verifiable park where there is enough subsidized housing, is the pressure of social housing on private housing prices. Where social housing is a substantial part of market housing (within the band of 50% to 75%), not only serves millions of people to public prices, but downward pressure on the price of private housing.
Well, if the triple prism is properly managed in the English state housing can go from being a guiding principle of social and economic policy to become a true citizen's right. A
these goals are enshrined this Act, respecting the block of constitutionality, as interpreted in this matter by the doctrine of the Constitutional Court and also respecting the competences of the autonomous communities in urban. In any case, this Act is governed by the will of respect for the powers of the Autonomous Communities and the minimal intervention necessary to guarantee the right to housing for all English citizens, regardless of region of residence.
For this purpose, as is known, the Statute of Autonomy of the Autonomous Communities point out, in accordance with Article 148.1.3 of the Constitution, which they have exclusive jurisdiction over housing matters. This means effectively preserving the general interest in housing, coordination with the activities of the municipalities, taking into account the principle of subsidiarity, and consultation and collaboration with agents of social and private initiative. Exclusive jurisdiction does not preclude the need for the State to use its powers to influence margin in all matters which, in the economic, fiscal and procedural, should enable the effective implementation of the right to adequate housing enshrined in the Constitution in article 47. Thus, the contents of this Act comes under the powers provided in Articles 149.1.1, 149.1.6, 149.1.11, 149.1.13 or 149.1.14 CE.
PROPOSED LAW ON THE RIGHT TO HOUSING
TITLE I GENERAL PRINCIPLES
Article 1. object
This Act is intended, the implementation of Article 47 of the English Constitution, namely:
a) Avoid the increase of speculative housing prices free purchase
b) Ensuring the habitual residence over-indebted people
c) Avoid over-mortgage debt of individuals and families
English
d) The use of taxation for social housing, rental housing and the mobilization of unemployed to hire
protected
e) The use of taxation to limit speculative profits in the buying and selling of land, promotion of housing and housing sale
f) The obligations of permanent park production of public rental
Public Administration
g) Ensuring the right of citizens to access to decent housing
Article 2. Guiding Principles The government intervention in housing is governed by the following principles:
a) social order
- universality, effectiveness and legal security of citizens' right to enjoy decent housing and related constitutional rights to housing.
b) administrative
- effective service to citizens, with preference for the target group most in need of public guardianship.
- Cooperation and coordination between all levels of government.
- Programming, effectiveness, efficiency, flexibility, accountability and management control and public policy outcomes.
- socially responsible use Park public housing.
PART II PROTECTION OF CITIZENS TO THE ECONOMIC CRISIS AND THE MORTGAGE MARKET REFORMS
aimed at turning the house into a CITIZEN RIGHT
Article 3. Measures against over-indebtedness mortgage personal and family
1. Lending operations, free housing and protected, not be granted for entities legally authorized by the sectoral legislation:
- since the entry into force of this Act until 31 December 2009 when the monthly payment set of interests and repayment of principal exceed 40% of personal income or family members forced to mortgage operations.
- from January 1, 2010 when the overall monthly payment of interest and principal payments exceed 35% of personal income or family members forced to mortgage operations.
2. Lending operations, when intended to finance, real estate mortgage security, construction, rehabilitation and purchase of private housing, not be granted for entities legally authorized by the sectoral legislation:
- since the entry into force of this Act until 31 December of the year 2009 for a term of more than 30 years.
- from January 1, 2010 until December 31, 2011 for a term of more than 25 years.
3. Regulations will develop the regulatory regime of the measures covered by this law against the mortgage indebtedness.
Article 4. Measures against speculative growth of housing prices 1. Lenders may not grant mortgage loans for more than 80% of the market value of mortgage-free housing.
2. This limit will be overcome in the case of subsidized housing, free in no case can go beyond 100% of the legal value of housing.
3. Regulations will develop rules for calculating the percentages referred to in paragraphs 1 and 2 of this article.
Article 5. Period of consideration in contracts relating to a housing The contracts of sale, pledge or option to purchase or exchange as well as construction, aimed at housing, are granted by private document which Buyer or principal are natural persons, the latter shall have a period of reflection or review of fifteen days business as from the effective date of the signing of the document, in which term may unilaterally cancel the contract without good cause or reason, for which communication should be addressed explicitly and in writing to that effect to the address of the seller, contractor, agent, broker or representative who appears in the document, by any means commonly used to prove the transfer or delivery.
The seller or contractor must refund to the buyer, seller or principal promisor all sums and payments received on account of price, down payment, deposit, deposit or similar, whether criminal as confirmatory of a once without discount, office or commission, within five working days of receiving the statement, in default from the term without the need for new requirement.
This right of unilateral withdrawal will not be waived in any instance or in the contract or document or subsequent agreement and exercise do not apply what has been agreed in the event of breach or termination of the contract early or unilaterally. "
Article 6. Unfair terms in contracts relating to housing unfair terms are considered in recruitment on housing:
a) The imposition on the consumer, in respect of late payment of compensation above that agreed in interest remunerative.
b) The imposition on the consumer in the form of collateral warranties, bonds or other like insurance to the creditor repayment mortgage, because of the amount guaranteed in the form mortgage and housing, does not pose a greater security loan or credit to the mortgagee.
c) The imposition consumer fees or charges by the study or the granting of a mortgage loan.
Article 7. Income indefeasible
1. It unattachable wages, salary, pension, allowance, compensation or its equivalent, not exceeding the amount fixed for the minimum wage.
2. When the person seized live with other people with whom you are united by marriage, stable marriage or kinship groups in first grade, the amount will not be attachable, surpassing the SMI does not exceed half of the new SMI for each household member having no income of their own regular salary or pension.
3. Wages, salaries, wages, salaries or pensions that exceed the amount determined by applying the rules unattachable paragraph 2, should be seized according to the following scale:
a) For the first additional amount, to involving the amount of twice the minimum unattachable, 30 100.
b) For the additional amount to the amount which represents at least three times the indefeasible, 50 100.
c) For the additional amount to the amount which represents at least four times the indefeasible, 60 100.
d) For the additional amount to the amount which represents at least five times the indefeasible, 75 100.
e) 5For any amount that exceeds the previous amount, 90 per 100.
4. If the debtor beneficiary of more than a perception, should accrue all at once to deduce the attached.
5. In consideration of the dependents of the debtor, the court may apply a discount of between 10 and 25 100 in the percentages down the numbers 1st, 2n, 3r and 4 of paragraph 3 of this article.
Article 8. Protection of the home in case of attachment 1. In the event of foreclosure, if the property in foreclosure is a property that constitutes a single home, habitual and permanent debtor, since before the start of the procedure that derives the implementation, and this Judge stating that no other housing available with which to meet their constitutional right to have decent housing, the judge may impose one of the following proposals duly substantiated and justified:
a) Establishment of a system of leasing contract housing in their favor, for a period no longer than five years, with income equivalent to that applying appropriate pricing criteria rentable housing of similar characteristics in the same location as the current regime. This may come rented promoted, supported or subsidized by public or nonprofit entities to implement programs housing assistance.
b) Establishment of a life interest on housing in their favor.
c) deferred settlement proposal, organized, adaptable and progressive debt, a justification for their adjustment to income and economic resources present and reasonably foreseeable by the debtor and those who live with or to assist it and thus formal commitment. The presentation of the proposal will be cause for suspension of the processing of the auction while it is pending and for a maximum period of two years.
2. The judge submitted the proposals or clarifications to the considerations it deems relevant to the consideration of the parties within one month, renewable for another month, so they try to reach an agreement or arrangement for the suspension of liquidation ordered auction of the debt. This agreement may be assisted by a mediator person where there is a public service or housing mediation proposed by the judge himself when the parties fail to reach agreement themselves and it is possible to determine the postponement of the debt, your division or any other solutions that combine the interest of the creditor and the debtor's need to continue to live in his house while you are in a position to meet its obligations. The presentation of the proposal will lead to suspension of auction procedures and the accrual of interest penalties, until such time as the end of the period allowed to reach an agreement and its extensions. All questions that may arise in the conduct of this proceeding shall be settled by applying the processing scheduled for preventive measures or incidental.
Article 9. Assumptions of auctioning of the mortgaged 1. In the case of auction of mortgaged property, if no acceptable position in the first auction, the creditor may, within a period of five days, the award of the estate or estates in settlement of his claim by the type of that, accepting subsistence charges previous preferences, if any, and substituting himself obliged to satisfy them.
2. When the object of the auction is a subsidized housing, the type of award may not exceed the legal value of subsidized housing, which must necessarily be used to meet the housing needs of an individual claiming responsibility under the procedure set implementing the regulations.
3. In the process of auction of properties that are unique housing, regular and permanent debtor, shall apply the provisions of Articles 670 and 675 of the Civil Procedure Act, relating to alleged implementation and launch of this kind of housing.
Article 10. Foreclosures housing units housing foreclosures subject to any official conservation status will be subject to the following limitations:
1 ª. The maximum price of the sale may not exceed the appropriate housing in their capacity as social housing and public protection.
2 ª. The successful bidder of the property to execution must meet all requirements under the legislation of public housing that is applicable.
3 rd. The competent public authority because of the location of the property forfeited shall be determined by the procedure that has set for it, both requirements are met by the beneficiary as the fairness of the price of alienation.
4 th. The entity responsible for implementation shall notify the competent public authority holding the auction, the complete identification of the goods to auction, the outcome of the application and, where appropriate, the identity of the bidder and the price obtained.
TITLE III
tax reform aimed
TO CONVERT THE CITIZEN HOUSING RIGHT
Article 11 .- Tax treatment of rental versus sale of private housing. 1. Since the entry into force of this law can not be objectively and subjectively extend existing tax deductions for the purchase of private housing.
2. Annually calculate tax expenditures incurred by government as a result of deductions for house purchases. The annual amount to be certified in tax deductions used to purchase housing be included in the annual budget of the Ministry of Housing to be delivered to the CCAA for the promotion of social housing rent.
3. The income from the rent, provided that the rent to be paid by the tenant is equal to or less than the rent-subsidized housing as defined in each Autonomous Community, will be exempt from tax.
4. The income from the rent, when rent to be paid by the tenant is at or below 125% of rent-subsidized housing as defined in each Autonomous Community, only taxed at 25% yield.
5. Similarly, the income from the rent, when rent to be paid by the tenant is at or below 150% of the rent-subsidized housing as defined in each Autonomous Community, only taxed on 50% of performance.
6. Regulations will develop the tax treatment of rental and sale of private housing.
Article 12 .- Tax treatment of rental housing in 1. The production of subsidized housing that is going to hire a minimum of 15 years be taxed only by a quarter of the taxes on that house relapse.
2. The production of subsidized housing that is going to hire a minimum of 50 years shall be exempt from taxes.
3. Regulations will develop the tax treatment of social housing for rent.
Article 13 .- Tax treatment of dwellings unoccupied dwelling against 1. The property is taxed as vacant administrative determination in all taxes affecting them with a surcharge of 250%.
2. Regulations will develop the concept of unoccupied housing as well as the administrative procedure for designation as such.
Article 14 .- Taxation of profits from the sale of land, housing development, home buying and selling. Capital gains tax 1. The purchase-sale of land, promotion and sale housing in which the benefits are greater than 25% will have a surcharge on any tax being applied to them.
2. The surcharge will be 100% on that portion of profit from 25% to 35%, 150% on that portion of profit from 36% to 50%, 200% benefit for more than 51%.
3. Regulations will develop the tax treatment of profits from the sale of land, housing development, housing sales in the capital gains tax
TITLE IV PUBLIC HOUSING SERVICE AS A TOOL IN THE SERVICE OF CITIZENS TO RIGHT HOUSING
Article 15. Service of general interest The set of activities related to the provision of housing for social policy is configured as a service of general interest to ensure a decent and adequate housing for all citizens.
Article 16. The rating of social housing indefinite 1. It's subsidized housing, for the purposes of the Act, which would address core housing need of the population is subjected to a limited price for that receives public aid or qualified soil occurs on urban links to that destination, recognized the different meanings in the housing laws of the State government.
2. The homes will be protected indefinitely qualified as such and not be eligible, under any circumstances or mechanism, the private housing market. Regional legislation, however, admire the assumptions on which to set a shorter period of qualification for the houses built on soil unskilled urban links to your destination in the following cases:
a) where the developer voluntarily chooses to build housing protected without being required to do and do not receive public aid,
b) in the case of exchange or replacement housing resulting from operations or implementing urban redevelopment neighborhoods,
c) for housing subject to specific forms of official protection or price fixing, which exceed the minimum reserve requirements under the law applicable planning or housing.
Article 17. Municipal Housing Plans and production obligations rental fleet of government 1. It is mandatory in all municipalities, the development and adoption of Municipal Housing Plans containing the diagnosis of the housing needs of the population and measures to take to obtain a fleet of affordable housing in the municipality. The legislation of the Autonomous Communities develop the content, requirements and procedures to be followed for the plans.
2. Municipal Housing Plans of municipalities over 5,000 inhabitants must determine how satisfied the obligations of supply of rental housing for rent secure and free.
3. Municipal Housing Plans must provide and ensure at least that 50% of public housing built in their municipal areas under each general planning are offered on a permanent basis in rented protected. The status of permanent rent shall be expressed in the act qualification and have access to the Land Registry.
4. Municipal Housing Plans must likewise provide for and ensure at least that 15% of self-build homes in their municipalities under each general planning are offered on a permanent basis for rent. The status of permanent rent shall be expressed in the act of granting the license and have access to the Land Registry.
5. The obligations described in this article may materialize in the entire municipality and in the manner and deadlines established in the Municipal Housing Plan, subject to the provisions of this
Law TITLE V
CITIZEN THE RIGHT TO HOUSING
Article 18. The right of citizens to access to decent housing 1. People who have no home ownership, living in Spain and have an income lower than those determined by regulation is entitled to require the government responsible for housing, understood as local councils and governments of the Autonomous Communities satisfaction of citizens' right to access adequate housing.
2. The right of access to housing is specified in the law that assists people to access housing so that does not involve a monetary amount to be paid by the unit convivial than 35% of their income, calculated in the manner determined by law. The satisfaction of this right by the competent government in housing may be made through the provision of housing in any tenure.
3. In order to realize these policies, municipalities, within one year after the entry into force of this Act, drafted a Municipal Housing Plan which determine the supply and demand for housing in their respective municipality, with consideration supra scope in that fall, all in care the planning instruments that are approved. The Municipal Housing Plan, based on mobilization policies of empty houses and others who consider the use of existing housing stock, quantify the additional need for construction of public housing in order to cover the entire demand of the subsidized housing. These forecasts should be incorporated into the report of the General Urban Plan. Likewise, the General Urban Plan must program temporarily and to identify appropriate safeguards to ensure the development of urban areas mentioned.
4. The government responsible for housing must meet the people who meet the requirements in the first paragraph of this law and implementing regulations of the same right of access to regulated housing in the second paragraph of this article either in the same municipality or in the functional area where this is framed in accordance with the following schedule:
- to those seeking low-income subsidized housing after the January 1, 2012 and through any of the following mechanisms:
1. Access to Housing Endowment for rent.
2. Access to social housing for rent.
3. Access a program to mobilize public housing to rent empty
protected.
4. The rent subsidy of private housing in the social and economic conditions that are determined.
- applicants for middle-income subsidized housing will receive equal treatment from 1 January 2014
- the demanding high-income subsidized housing will receive the same treatment from 1 January 2016
- determined by regulations that are framed in collective categories of social housing applicants with low income, middle income and high income, not Subject to the powers attributed to the CCAA.
5. Overcome, as appropriate, the entry into force of this law, the January 1, 2012, January 1, 2014 or January 1, 2016, in the case of effective impossibility of access to adequate housing under the conditions described in the above, the affected people integrated in each of the groups described in court may require the realization of this right. An action shall be brought against the administration required, which will be the respective City Hall in the foreground and the alternative in any case the corresponding Autonomous Community, has been understood that the rejection by silence if not resolved explicitly request within two months.
First Additional Provision
subsidization of mortgage interest rates
1. The Government will make a progressive subsidization policy to at most one and a half of mortgage interest rates, provided they have risen above the initial rate at the time of setting up the mortgage by the buyer in more than half a point .
2. This policy of subsidization of mortgage interest rates will go to those households with limited financial means and whose only wealth is their main residence and the person is mortgaged, and get a whole month exclusively middle-income wage employed less than three times the minimum wage.
3. This policy of subsidization of mortgage interest rates be implemented in collaboration with the Autonomous Regions and Municipalities in accordance with its responsibility for housing, urban development and land.
Second Additional are amended in the terms that are regulated in this Law:
- Article 12 and the First Additional Provision of Law 26/1984 of 19 July, General Defense of Consumers and Users
- Articles 607, 670 and 675 of Law 1 / 2000 of 7 January, Civil Procedure
- Article 131 of the Mortgage Act of February 8, 1946
Transitory
Municipal Plans to which this Act must be approved by Councils before the deadline of one year from the entry into force of this Act the municipalities urban planning have an additional year to adapt to the mandates of this Act
Repeal Provision Any provisions of equal or lower rank that conflict as provided in this Act expressly, deleted the following items:
- Section a) art. 153 bis Mortgage Act of 8 February 1946.
- First paragraph art. 4 Law 2 / 1981 regulating the mortgage market.
Disposal This Law shall enter into force on the day following its publication in the Official Gazette. "