Law 12/2023, of May 24, for the right to housing[1]​ is a Spanish state law approved by the Cortes Generales that establishes, for the first time in Spanish legislation, a general regulatory framework to guarantee access to decent, adequate and affordable housing. Its main objective is to develop the constitutional right included in article 47 of the Spanish Constitution of 1978, promoting measures to increase the supply of protected housing, regulate rental prices in stressed areas and promote transparency in the real estate market.[2]​.

Contenido

La ley regula aspectos claves del mercado de la vivienda, entre ellos:[1]​.

Protected housing

The standard introduces a clear classification of protected housing:[1]​.

Likewise, the land reserves for protected housing are expanded: up to 40% in developable land and 20% in unconsolidated urban land, of which at least 50% must be used for rent.[1]​.

Rent regulation

One of the central axes is the control of rental prices in areas designated as stressed residential market areas. In them, administrations can apply rent update limits or set maximum prices for large holders.[4][1]​.

In addition, a State Rental Price Reference System is created in order to provide greater transparency to the market.[1]​.

Great forks

The law defines a large holder as any natural or legal person with five or more urban homes (previously there were ten), granting them new reporting obligations and offering mechanisms so that administrations can apply surcharges on the IBI to empty homes, up to 150%.[5]​.

The law was harshly criticized by sectors of the real estate market and by opposition political parties, who consider that limitations on rental prices can reduce supply and make access to housing even more difficult.[6]​.

In 2024, the Constitutional Court partially annulled article 16 of the regulation, relating to the mandatory permanence of the classification of protected housing, considering that it invaded regional powers.[7]​.