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New Law Allows Autonomous Communities to Declare Stressed Zones for Rental Price Caps

The concept of stressed zone is one of the novelties that the Law 12/2023, of May 24, for the right to housing. With this rule, the autonomous communities, which are those who have the powers in matters of urban planning, can declare a stressed area to try to establish solutions such as capping rental prices depending on the case.

In what cases can a stressed zone be declared?

For an area to be declared stressed, it must meet at least one of these conditions, as explained the rule in its article 18:

  • That the average burden of the cost of the mortgage or rent on the personal budget or of the cohabitation unit, plus basic expenses and supplies, exceeds 30% of the average income or average income of households in that area.
  • That the purchase or rental price of the home has experienced a cumulative growth percentage in the previous five years at least three percentage points above the cumulative growth percentage of the CPI of the corresponding autonomous community.

Furthermore, the declaration of a stressed zone is valid for three years, extendable annually as long as the circumstances that motivate such declaration continue to exist.

How can I know if a home belongs to a stressed area or not?

The Ministry of Housing and Urban Agenda will publish a resolution on a quarterly basis that will include a list of stressed residential market areas that have been declared in accordance with the established procedure.

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  • It will include its period of validity, as well as certain particularities that may be established in the area that affect the regulation of contracts, such as, for example, the definition of the concept of large homeowner in the area.

Furthermore, through the new applicationwhen entering the address or cadastral reference of the home, it will indicate whether or not your home is located in a stressed residential market area.

How will the index published by the Government limit rental prices in these areas?

The Government has just published a reference price index for rent. This is a system that offers a range of housing rental prices, as a reference and as a guide, for setting the rent in new housing rental contracts.

The reference price index for rent is a system of ranges based on a series of characteristics of the home such as surface area, state of conservation, whether it has an elevator or not, parking, year of construction, common areas and others that They have the objective that homes “with less value” cannot increase their price when they are compared to homes of higher quality in the same area.

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In stressed residential market areas, the upper value of the range will mark the limit of the rental price, in the new housing rental contracts of large holders, as well as in all new rental contracts for housing located in said stressed areas, which have not been rented in the last five years.

Fuentes

Ministry of Housing and Urban Agenda

Law 12/2023, of May 24, for the right to housing

2024-02-28 18:10:19
#stressed #areas #housing #law

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