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24 December 2024

Spanish Government Implements New Housing Policies

New regulations aim to control rental markets and increase affordable housing availability

The Spanish government has recently announced significant changes to its housing and rental policies aimed at addressing the challenges faced by tenants and promoting affordable housing solutions. During the Council of Ministers meeting, Housing Minister Isabel Rodríguez revealed plans for new regulations, positioning Spain as the first country within the European Union to implement the European Parliament's Regulation (EU) 2024/1028 concerning short-term rental agreements.

The newly approved Real Decreto establishes the framework for the Unique Registry of Short-Term Rentals, which aims to collect and exchange data related to rental services for short-term accommodations. This system is set to go live on January 2, 2025, with its practical application starting from July 1, 2025, following the transitional period for necessary adjustments by businesses and administrations. Isabel Rodríguez emphasized the urgency and necessity of this development. "Spain will become the first EU member to implement regulation 2024/1028 on short-term rentals," she stated. This initiative sets forth specific information obligations applicable to short-term rental services by online platforms and hosts across Spain.

The focus of these regulations is broad, covering various rental types such as vacation rentals, seasonal rentals, and rentals of rooms or other properties facilitating short-term accommodation. This regulatory push aims to bring transparency to the market and mitigate the negative effects of unregulated short-term rentals on housing availability.

Alongside the registration of shorter rental agreements, the Spanish government is advancing legislation aimed at bolstering affordable housing initiatives. On December 23, 2023, the government approved another Real Decreto-Ley, allowing for the transfer of state-owned properties to Sepes, the Public Company for Land affiliated with the Ministry of Housing and Urban Agenda. The aim is to bolster the development of affordable housing policies.

This transfer involves properties from various public bodies, including the Institute of Housing, Infrastructure and Defense Equipment (Invied) and the Administrator of Railway Infrastructure (Adif). Although the ownership of these assets will remain with their respective governmental entities, Sepes will manage them by the agreements formed. "The public nature of all state housing assets will be protected 'in perpetuity' for the benefit of public housing," Rodríguez confirmed, reflecting the commitment to keep these resources dedicated to affordable housing.

With these progressive measures, the government also plans to amend the Law of Public Contracts to streamline the promotion of public housing and facilitate public-private partnership models linked to the Law on the Right to Housing. This modification addresses the legal framework governing concession contracts associated with social or affordable housing development on public land. It is expected to simplify and innovate existing processes, thereby enhancing the effectiveness of these housing initiatives.

While these legislative efforts aim to improve the situation for many, the rental market is also facing challenges with skyrocketing prices. A report reveals alarming trends, indicating major increases in rental costs for properties still bound by older laws. Effective January 2024, renters will face unprecedented hikes, with prices jumping by 190.67%. For example, if someone's rent was $100,000 at the start of 2023, it would soar to $690,385 by January 2025 under the new regulations. Such increases highlight the urgent need for these much-needed reforms.

Although the inflation trends show some signs of deceleration over recent months, with previous increases recorded at 208.67% and higher, these continued surges are reportedly pushing tenants to allocate more of their income to housing expenses. With the economic pressures and rapid growth of rental prices, activists and many citizens express concerns over the sustainability of such increases and the strain it will place on tenants.

Policy advocates are optimistic about the potential impacts of these recent legislative changes, hoping they will not only advance Spain's compliance with EU regulations but also promote significant housing improvements for vulnerable populations facing housing insecurity. Many see the emphasis on regulation and management as steps toward increasing transparency and accessibility within the housing market.

With the government poised to implement these sweeping changes, the public will be watching closely to see how these policies address the immediate challenges facing tenants and whether they lead to meaningful improvements across Spain’s housing sector.

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