WHAT IS SUBSIDIZED HOUSING AND WHAT IS ITS PURPOSE?
The right of access to housing, a constitutional right (Article 47 of the Spanish Constitution) has always raised debates within Spanish society. A continuous weighing between the right of private property, also constitutional, contained in Article 33 of the Spanish Constitution (merged with the free market) translated into the power of free disposal of housing against the right of access to decent housing have strained the situation between large owners and individuals and the other party, the landlords / buyers for use as housing.
The concept of Sheltered Housing arises in this environment, with the attempt to join forces to ensure access to housing to social strata that have a lower income perception, and can not afford to pay a rent or mortgage above their monetary possibilities.
Article 148.3 of the Spanish Constitution states that the Autonomous Communities are responsible for housing. However, as occurs in other spheres such as urban planning, there is a concurrence of State and Autonomous Community competences, as the State entities hold competences that have a direct impact on the area of housing.
This results in two conclusions: firstly, each Autonomous Community will set the rules for subsidized housing (among others, those of the rental regime). Secondly, the State, through the State Housing Plan 2013 – 2016 (there is already a subsequent State Housing Plan, but it does not regulate the scope of subsidized housing) sets general requirements for access to subsidized housing, which can be divided into three groups:
- Subjective (age of majority, receipt of minimum income, not having enjoyed another Subsidized Housing, unless the use is awarded to another spouse, and not having received public aid in 10 years).
- Objectives (maximum price or rent depending on the characteristics of the dwelling).
- Formal (registration of the interested party in the Permanent Register of Applicants for Housing).
As a particular regime, the regime of subsidized housing can be established through cooperatives.
WHAT SHOULD I DO IF I WANT TO RENT SUBSIDIZED HOUSING?
The steps to follow in order to sign a contract for the rental of subsidized housing are as follows:
Comply with the stipulations of the competent Autonomous Community (which sets the maximum prices and the housing that can be rented).
Controlling the aspect of subsidies: either issue a sworn statement that no state or autonomous community subsidies have been received, or demonstrate that they have been returned, cancelled, waived, or have not been enjoyed, depending on the course of the procedure for the granting of public subsidies.
Review of the lease contract through visa: this part is important, and it should be noted that the public entities themselves will issue in the visa the obligatory clauses to be included in the contract (the fundamental ones will be explained later).En caso de cumplir con los requisitos marcados y seguir el procedimiento de validación de inicio de régimen arrendaticio, se podrá alquilar la vivienda (respetando las cuotas máximas establecidas por el organismo autonómico competente).
If the requirements are met and the validation procedure for the start of the rental regime is followed, the property can be rented (respecting the maximum quotas established by the competent regional body).
WHAT HAPPENS IF THE STIPULATIONS ARE NOT COMPLIED WITH?
A minimum penalty of 3,000 euros is incurred, which will vary depending on whether it is minor, serious or very serious.
For example, the lack of veracity of the oath taken is established as a very serious infraction, and therefore will entail the highest penalty amount.
WHAT SHOULD I INCLUDE IN MY SUBSIDIZED HOUSING LEASE CONTRACT IN THE COMMUNITY OF MADRID?
Each Autonomous Community regulates the mandatory content of the subsidized housing lease contract differently.
The submission to review via visa, however, is mandatory for all lease contracts, regardless of the territorial scope.
As an example, the Community of Madrid establishes the minimum content of the subsidized housing lease contract.
The mandatory clauses that must be included are as follows:
The dwelling is subject to the prohibitions and limitations derived from the protection regime provided for in the Regulations on Publicly Subsidized Housing of the Community of Madrid (approved by Decree 11/2005, of January 27, or by Decree 74/2009,of July 30, depending on the group of properties to which they belong) and, therefore, the conditions of use will be those indicated in the definitive qualification and the rental prices may not exceed the established limits.
The lessor is obliged to hand over the keys within a maximum period of 3 months from the execution and signature of the lease contract.
The lessor must deliver to the lessee a copy of the contract endorsed by the competent Regional Ministry.
That the stipulations of the Urban Leasing Law are complied with and only the stipulations of the public housing protection regime are excepted from compliance.
That subletting of any kind is prohibited, being cause for termination of the contractual relationship.
KEY ASPECTS WHEN RENTING A SUBSIDIZED HOUSING UNIT
- To review the public subsidies received, since, in case of non-compliance with the return or non-receipt of the same, the consequences will be the imposition of a very serious sanction, with a high amount of fine.
- To comply both with the approval by the competent public authority and with the inclusion of the mandatory clauses, so that the body of the contract does not present defects that make its validity unfeasible.
- To take into account the maximum rent that can be agreed in the contract, since, if it is exceeded, in the endorsement to which the lease contract is submitted, the rectification of this rent will be requested, in order to adapt it to the limit that has been established.
If you need to rent your subsidized housing, contact us.
