Los juristas temen una oleada de litigios por el decreto de vivienda: "Es demencial, parece propaganda"

Lawyers fear a wave of lawsuits following the housing decree: it seems ridiculous

The announcement by Junts last night suggests that the two housing decrees to be voted on in Congress are destined for disaster, but the text published in the BOE has already generated widespread reactions from experts and those involved from a legal perspective. After analyzing both texts in detail, the consulted lawyers warn that their wording leaves numerous loose ends, and their approval would trigger a wave of lawsuits between property owners and tenants on issues such as rental extensions or limits on rent increases, essentially changing the rules of the game halfway through the game.

For investment funds and entities dedicated to buying property to put it on the rental market, this situation poses a significant risk. Matilde Cuena, professor of Civil Law at the Complutense University of Madrid and co-founder of the foundation "Hay Derecho", emphasizes that the definition in the first article of the decree -which establishes the prohibition of buying properties until 2028 for any entity whose social purpose includes the acquisition of real estate and which acquires housing at less than 70% of its valuation- is absurd, as it would affect entities that are unlikely to be considered speculative funds, while leaving individual persons in a state of legal uncertainty if they perform an economically identical operation.

Similarly, Miguel Morales, partner at Morales and Asociados, points out the legal uncertainties generated by this point. The sum of these issues, combined with doubts about other points, makes the norm doubtfully constitutional due to the abuse of the principle of legal certainty and the right to property, according to Cuena.