The Botanic approves the compulsory transfer of houses of large holders limited to specific cases

The plenary session of the Consell yesterday approved the decree law on urgent measures to deal with situations of vulnerability and residential emergency in the Valencian Community.

Thomas Osborne
Thomas Osborne
17 February 2023 Friday 21:25
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The Botanic approves the compulsory transfer of houses of large holders limited to specific cases

The plenary session of the Consell yesterday approved the decree law on urgent measures to deal with situations of vulnerability and residential emergency in the Valencian Community. This star rule promoted by Housing for the end of the legislature had generated a lot of internal debate within the regional Executive and was about to remain up in the air after, on Thursday, the Secretariat of the Consell (in the hands of Compromís) requested a further report. to the Generalitat Attorney's Office to "certify that everything was correct".

A maneuver that annoyed Podem and that came to nothing, since the Lawyers (framed in the Presidency's organization chart) indicated that their report was not mandatory and that it had not been requested by any general directorate.

A last-minute obstacle that called into question the political agreement reached this week between Housing and the socialist part of the Council to iron out the most controversial article of the law: the mandatory temporary transfer of the usufruct of homes declared uninhabited owned by large landowners. houses of the Valencian Community.

As this newspaper explained, the content of this article 13 of the decree law, which forced the owners of more than 10 properties that were empty for a year to transfer the houses to the Generalitat to allocate them to social rent, raised doubts in the PSPV. It was a temporary assignment (seven years for legal persons and five for natural persons) which, in addition, would be compensated by the Administration.

Finally, a political agreement was reached to limit its content and specify the cases. Yesterday, at the press conference after the plenary session of the Consell, the second vice-president and head of Housing, Héctor Illueca, admitted that, after the negotiations, modifications had been introduced to "clarify the cases" in which this compulsory assignment could be made with the intention of providing the standard with greater "legal certainty". A series of limitations that, although they maintain the spirit of the standard, limit it to very specific cases.

According to the text to which La Vanguardia has had access, for this assignment to take place, all three requirements must be met. The first is that the family accredits one of these conditions: that it is received under a temporary protection regime as a consequence of an armed conflict or humanitarian or climate emergency situation; that is seriously affected by a civil protection emergency declared in the Valencian Community; or that the situation occurs in a municipality where there have been significant increases (of at least 20%) in evictions, informal settlements or situations of homelessness.

The second requirement is that in the locality where the coexistence unit resides, the housing need for housing has been verified and there is no availability of housing in the Generalitat's public park to attend to the foreseen situations. The third and last requirement is that in said locality there are registered in the Registry of Uninhabited Homes for a period of more than 1 year.

Despite the fact that the final wording introduces many nuances and limitations to the more general text promoted by Housing, the vice president was "satisfied" with a "bold" rule that allows, in his opinion, to deploy to the maximum the powers in housing matters in the Valencian Community and place it in the "vanguard". And it is that, as Illueca clarified, apart from the mandatory transfer that has focused the spotlight last week, the decree law typifies "real estate harassment" and will allow it to be sanctioned with almost one million euros, and provides for protection measures for tenants against vulture funds.