The keys if you are an owner, renter or looking for an apartment


Developments in terms of housing are closer than ever, after an agreement was reached between PSOE, Unidas Podemos, EH Bildu and ERC on April 14, The government will announce that today, April 27, a new housing law will be approved in our country. After a vote in the House of Representatives, the next step for its full approval and implementation will be to pass it to the Senate, according to Europa Press.

In this way, the housing law is expected to be passed It may come into force before the regional and municipal elections On May 28, although there are some measures related to it that have already been applied since the beginning of 2023.

Since housing is an essential good, it affects a large number of people, since the major novelties located in the rental area, The situation in which many citizens live and, accordingly, a large number of owners for whom there are various novelties. From the ABC’s, we’ve compiled and illustrated the key takeaways from this new housing law How it might affect landlords, renters or those looking for an apartment.

A new meaning for the term “big fork”

13 months ago, the Cabinet’s draft housing law indicated that large holders were owners of 10 or more homes. Finally, that number was changed and lowered, leaving that A large owner is that natural or legal person who owns 5 or more homes Equipped for rent. Thus, small landlords are defined as owners of less than 5 rental properties.

This term affects Fixed rental price limitswhich has already been applied in 2023 since last year and has been set by 2% As long as the house is located in a stressful areaTherefore, the CPI is no longer the reference for contract price updates in these cases. It was also agreed that this ceiling would be 3% in 2024 “and from now on a new index will be created on these terms.”

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The law affects stressful areas, how do I know if my home belongs to one of those areas?

When we talk about stressful areas, we should also pay attention to a new definition, that is, the location will be called a “stressed area”. When the average cost of a mortgage or rent plus basic expenses and supplies exceeds 30% of the average household income. In the same way, it will be considered a “compressed area” when it is The price of buying or renting a home has risen at least three points above the consumer price index In the five years prior to its declaration as a compact area.

And Who chooses whether an area is under stress? According to the law, cCompeting independent communitiesso if, for example, the mayor does not wish to declare a neighborhood that meets the above requirements as a compact district, The state cannot force you to name it that way.

The stressful area is set to set certain rent limits, and this can be controlled Asking the landlord to know the price specified in the contract with the previous tenant. In other words, the price of the previous contract will determine from what figure the price ceiling will be for the new tenant.

New ceiling on the rental price, how much can it be raised?

As indicated in the previous sections, the Housing Code thinks of the new Ceilings on rent that result in a decrease in the price, and the impossibility of raising or maintaining the rentdepending on the condition of both the house and the status of the lease.

For this we must look at different situations.

– If you are the owner of 5 or more houses for rent, called a big thorn, they are according to the law They had to lower the rent based on the benchmark for properties located in the so-called tight zones.

For small owners who have less than 5 properties, The price cap will be determined by indexing the previous applicable rentas we explained before, while it is in the so-called compressed region.

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It should be noted that this system will be implemented in the future as it is currently in force Increase the rent cap by 2% for the yearand 3% by 2024.

If you are looking for an apartment and wondering how this affectsAs indicated by the law, for new contracts that are signed from now on, the maximum price is also subject to these conditions, depending on whether it is in a compact area or whether the owner is a large or small owner.

Agency expenses will be borne by the owner

Until now, everyone who rented an apartment through a real estate agency had to pay the fees involved in the services. This means that the new tenant had to pay that “Deposit month, current month, and agency month” Which was a huge expense in one go.

This situation will change due to the housing law, as ERC and Bildu have agreed with PSOE and Podemos It should be the owner who pays the agency fees. On the other hand, and as a measure so as not to increase the prices too much to cover these new expenses of the owner, the same partners indicated the following: That expenses are normally attributed to the lessor Like community fees, IBI, litter fees or any other expenses, They can be assigned responsibility for tenantsPrior approval and notification in writing in the contract.

Changes in the way rent is paid

When paying amounts corresponding to rental income, which is usually monthly, new features under the Housing Code were also indicated. In this way, it is indicated that The rent must be paid “by electronic means”, that is, by bank transfer. However, it is defined without the criterion that details much more than that An exception so that you can pay in cashWhen one of the parties lacks a bank account or access to electronic means of payment and upon his request.

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Although no other specifications are indicated in this regard at the moment, it can be concluded that this new commitment was Proposed to avoid fraud, fraud or irregular contractswhich would benefit both owners and tenants, as payments will always be recorded with corresponding numbers and dates.

Renting an apartment for young people up to 35 years old will result in a 70% deduction of personal income tax for the owners, which can be increased up to 90%.

Although almost all housing law measures affect both landlords and tenants (first landlord and second tenant), this point is particularly focused on landlords, although the measure also seeks to encourage young people to rent.

As can be read in the above title, If the landlord rents their home to someone between the ages of 18 and 35, they will receive a personal income tax deduction of up to 70%., provided that the property is located in a stressful area. The rebate will be valid for contracts signed by the Publication in the Bank of England for Housing Act.

In addition, if these requirements are not met, there are also A tax reduction of 60% in another caseThis will be when the home has undergone a rehabilitation procedure in the two years prior to signing the contract. This scale is focused To ensure that homes offered are in the best possible condition.

As an added measure, you can Get a personal income tax deduction of up to 90% if you are in the following situation: If the owner has a house in a compact area and has reduced the rental price by more than 5% in relation to the last rent of the previous contract, once the annual update clause of the previous contract has been applied, if any.

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