Decreto de vivienda: el Gobierno aclara qué es un fondo 'buitre' para prohibirles la compra

The Spanish government has published its first decree aimed at protecting the social function of housing and expanding affordable housing supply, following yesterday's approval of two measures by the government. The Official Journal of the State (BOE) published the decree, which seeks to clear the way for its presentation to the Congress of Deputies by Friday, in search of its validation.

Several measures that attracted attention due to their content and the inability of Housing and Urban Agenda Minister Isabel Rodríguez to explain them in detail are included in this decree. For instance, it defines "bitter funds" to which the restriction on buying homes for speculative purposes until 2028 applies. According to the text, the restriction applies to any entity, whether with legal personality or not, that includes the acquisition of real estate in its social purpose.

However, not all funds and companies specializing in this activity will be prohibited from buying housing. The decree restricts it only until December 31, 2028, when the acquisition takes place for free or at a cost lower than 70% of its valuation. The restriction applies to both inhabited and newly constructed homes, except if the purchase is made to rent the property for at least five years to dependent and particularly vulnerable individuals.

Entities such as public territorial authorities, public sector organizations, and companies with the purpose of promoting and managing affordable or social housing, such as Casa 47, are excluded from this definition. Additionally, the text prohibits evicting tenants until December 31, 2030, in all proceedings where the entity acts as a plaintiff.

This applies to any entity, whether with legal personality or not, dedicated to acquiring properties or mortgage loan portfolios paid off at a price clearly below its market valuation, both in an attempt to bypass the social function mechanisms of housing or maximize profitability through rent disparity disproportion.