Bruselas plantea límites a los alquileres vacacionales en las zonas tensionadas para mejorar el acceso a la vivienda

Brussels has outlined five requirements for municipalities to intervene in the housing market, as part of the European Affordable Housing Law. The European Commission has presented its legislative initiative to provide legal tools for municipalities tackling housing crises, particularly focusing on the limitation of short-term tourism rentals. The proposal allows national authorities to provide proportionate intervention in housing markets in areas with proven pressure.

To activate the restrictive measures, municipalities must meet five conditions. First, the average transaction price of a property in the area, compared to the median of local income, must be equal to or exceed an eight-year threshold. This quantitative criterion is considered fair for the EU as a whole, though the legal text acknowledges the possibility of revising the figure based on inflation or other circumstances.

Second, there should be an upward trend over the past ten years in the relationship between property prices and annual local income. This ensures proportionality and legal certainty, avoiding overly interventionist measures due to construction bottlenecks or temporary events. Third, the Commission requires evidence that it is unlikely the pressure on the housing market will decrease in the next three years. This factor is analyzed based on population growth or decline and housing supply.

Fourth, municipalities implementing these restrictions must actively enforce the EU regulation on short-term rentals, including registration, verification, and data exchange systems as well as orders for the removal of illegal or unregistered advertisements. The measure should be based on an analysis showing that no less restrictive alternative would be equally effective and rapid in alleviating pressure on the housing market.

Finally, municipalities must complement restrictions with policies aimed at increasing long-term housing supply, particularly affordable and social housing.

While the European Commission does not demand specific measures, it has provided recommendations for mobilizing investment in construction, accelerating building permits and renovations, or reducing material costs. Any restrictive measures derived from a state of emergency, such as limiting tourist rental nights or suspending license issuance, must be strictly proportionate and relevant to the specific situation in the affected area.

Authorities should prioritize less restrictive measures before resorting to a complete ban on acquisition. Alternative solutions, such as quantitative limits, acquired rights clauses, or exemptions to avoid extreme vulnerability, as well as tax incentives, are suggested for consideration.