La letra pequeña del decreto de vivienda: fondos 'buitre', desahucios, prórrogas y ayudas

The BOE recently published the text of the first decree, where the government defines what a "buitre fund" is to prohibit people from buying or evicting property, as well as the conditions for the extension for contracts expiring before 2029. This is the minor detail of the main measures. The Official Gazette of the State recorded the text of the first decree yesterday, approved by the Council of Ministers on Tuesday in response to the social and media uproar caused by the eviction of Maricarmen.

The decree consolidates most of the measures that the Ministry of Housing had been negotiating with parliamentary groups for months. However, the minor detail of this first decree does not seem to fully convince its parliamentary allies. Consequently, despite this first decree being separated from a second text to seek validation by the Congress of Deputies in an extraordinary plenary the same day, support at the moment is uncertain.

Junts and Podemos attacked the outcome of the drafting led by the minister in charge, Isabel Rodríguez, yesterday. For now, pending the definitive publication of the second decree, the analysis of the first text reveals significant nuances compared to the announcements made by the minister in the press conference following the Council of Ministers on Tuesday, especially regarding the definition of "buitre fund," zero-interest loans for property purchases, limitations on evicting delinquent tenants, or the two-year extension for rentals.

Initially, the decree divides into two main scenarios the prohibition of evicting vulnerable families until 2030. Firstly, for funds considered "buitre" – defined in this case as entities dedicated to buying up properties or mortgages to maximize profits – there is no economic compensation. In these cases, Justice must evaluate if the entity is considered speculative and halt the foreclosure process.

Autonomous Communities could voluntarily assume the debt, canceling the freeze on evictions. Eventually, the state would assume this burden, although sources from the Ministry of Housing say they would have to evaluate the amounts later, after valuing it with the department of Finance led by Arcadi España. In cases where the owner is not considered a "buitre," judges must first ask the social services of the communities to offer an alternative accommodation.

Otherwise, the CCAA must pay the owner an economic compensation for the foregone rents, which later, according to the same sources, would be transferred by the state. Another striking aspect of the decree, apart from the prohibition of purchase and the new moratorium on evictions, is the section on incentives for purchase, where the decree includes a new line of zero-interest loans of up to 50,000 euros for the purchase of a first home, with no age restriction, according to explanations from the department led by Isabel Rodríguez.

The limits will be this amount or 20% of the value of the property. However, the minor detail of the decree hides some additional conditions. Beneficiaries of these zero-interest loans cannot later sell their properties for a higher price than they bought it, adding the IPC. At the same time, the first decree on housing includes an extension of up to two years for all contracts expiring before December 31, 2028, which should be requested in two stages.

Owners would be obliged to accept it in practically all cases, so some contracts could be extended until the end of 2030 without updating the rent. Tenants whose contracts expire before December 31, 2028, could request an initial extension of one year in their rental contracts, extendable for a second year. To request it, they need to be up-to-date on paying the rent and not have been late in any occasion during at least the eight months preceding the request.

Casual tenants, on the other hand, would be obliged to accept the extraordinary extension, maintaining the terms of the current contract, without increasing the rent. However, the decree published today by the BOE includes some exceptions. Firstly, it allows owners not to apply the extension if they reach an agreement with the tenant to renew the contract at a price at least 5% lower, effectively extending the tenant's stay in the property by five years.

Beyond the extraordinary extension, the decree modifies the Urban Renting Law to include a tacit extension, which consists of renewing contracts after the five-year (or seven, in the case of a business tenant) period of validity – otherwise, the owner must notify a minimum of four months in advance if they do not want to renew the contract, while the tenant must do so with two months in advance.

Otherwise, the contract would be extended automatically for one year, up to a maximum of three periods. Regarding rental prices, the decree incorporates a total freeze for contracts with prices above the Ministry's own index – the SERVAPI; while if it is below, the tenant can only increase it, as a maximum, by 2% annually until the end of 2027.