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Guerra al piso vacío
Andalucía reabre el viejo debate sobre la expropiación de casas
Países como Francia y Reino Unido tienen medidas parecidas
Lluís Pellicer 14 ABR 2013 - 17:29 CET
War on empty flat
Andalusia reopens the old debate about the expropriation of houses
Countries such as France and the UK have similar measures
Lluís Pellicer 14 ABR 2013 - 17:29 CET
The difficulty in accessing housing is poised to become endemic in Spain. I was in good times and is in a recession. The struggle of many citizens and is not to grab a place to live, but to keep it or not homelessness and debt in tow. Last year alone, 30,000 homes were first placed in the hands of the creditor banks. An eviction every 15 minutes. The great paradox is that the housing needs have grown steadily at the same time also has the number of empty homes, which market sources placed at about six million, double that a decade ago, and 20% of whole of Spain home park.
The Andalusian governed by PSOE and IU has decided to aim for financial institutions to build thousands of homes on their balance sheets, to help ease a situation he deemed "social emergency". The decree law, effective from Thursday, empowers the Regional Government for three years to expropriate houses which are in a process of eviction for non-payment of the mortgage to prevent the launch. Opponents of the measure appeal to the Constitution enshrines private property. Supporters, however, point out that private property is linked to its social function and social justify the urgency in which Spain is.
The Chairman of the Board, José Antonio Grin (PSOE), has upheld the constitutionality of the law, which justified in situations of "social marginality" that is causing the loss of housing. "We say enough, we are here," said more forcefully the Minister of Public Works and Housing, Elena Cortes (IU). The response of the central government was in crescendo over the last week. The Minister of Justice, Alberto Ruiz-Gallardón said rigorously evaluate Andalusian decree law, while the vice president, Soraya Saenz de Santamaria said the government measures were broader and pointed to a resource Constitution. The Spanish Association of Banks, meanwhile, prefers not to comment.
Seijo Fernández: "No one questions the power to expropriate for a road"
It is not the first time the possibility of expropriating vacant homes discussed in Spain. The Catalan Parliament approved in 2007 with the votes of the left housing legislation that included forced rent empty houses. As at that time, the first debate that arises is legal. "Constitutionally possible. Communities have the skills in housing. Another thing is the measure itself, some doubts of their effectiveness, "says José Ignacio Navas, coordinator of the Centre for Housing Council of Notaries. "Expropriation can undertake the authorities whenever there is utility or social interest, and in this case there is no question that," he adds. In fact, the experts consulted recall that the closest precedent is the Land Law of Andalusia, which also provided for expropriations. And these were guaranteed by the Constitution in 1987 to comply with the principles of utility and social interest.
Professor of Administrative Law at the University of Barcelona Juli Ponce ensures that the expropriation of the right of use of the home fits the bill. "Legally it is possible by law. However, its effectiveness is unknown because Catalonia was not implemented, "said the professor, who noted that in some countries have gone further in Andalusia. This is the case in Scotland or France, which have fixed by law for anyone to claim a right to judge his house, forcing a policy deployment homeless accommodation.
The standard has raised dust also stand up to the banks, against which have led social movements fighting for the generalization of the payment in kind through a law. "It's a matter of political will the fact you start putting limits on financial institutions," said the spokesman of the Platform of People Affected by Mortgages (PAH), Ada Colau, after hearing the announcement of the Board.
The judge of the Commercial Court number 3 of Barcelona José María Fernández Seijo, who recently led a resounding rebuke of the Court of the European Union to the central government for its legislation on evictions, says that the measure is constitutional and remember that the regions hold housing competencies. "No one questions the power to expropriate land to build a road and actually Tenancies Act establishes the possibility for some exceptions, such as buildings in ruins," said the magistrate.
The judgment of the Constitutional Agrarian Reform opens the way
Judicial sources consulted admit that the housing are regional powers, but consider that the right to property must be "essentially" similar throughout. That same minister raised Ruiz-Gallardón, who said that rights must be identical for all Spanish. From the other side, the PSOE has announced to bring that proposal to Congress to apply throughout Spain.
Catalonia embarked on the same path as Andalusia in 2007, without ever having been able to finish to explore it because one of the first decisions of the first government of Artur Mas was to dismantle the housing policy of the Executive tripartite held by ICV-EUiA. The rent was buried in 2011 forced. In any case, put on the table in a very different context. Then prices did nothing but escalate at an annual rate of two digits and those who wanted to access a floor should ask mortgages of up to 50 years. They were, in part, the particular subprime Spanish.
While this was happening, investors were launched to build flats. Not to hire them, but to speculate: they bought, waiting to be revalued by 20% in one year and resold with juicy gains sometimes without setting a single euro cash, but credit. And so on, which pushed housing. The Government tried to stop this spiral then the threat of forced holiday, restricted to "areas with strong demand accredited".
Catalan law did not arise out of nowhere. Those responsible were inspired by other European legislation, particularly Danish. According to sources from the Royal Institution of Chartered Surveyors (RICS), the international association of appraisers, the expropriation of empty homes to house homeless families is also provided in French or British law, for example. The head of RICS residential markets, Peter Bolton-King, applauds the extent of Andalusia, which describes "a big bold move by the Andalusian authorities". "The problem of homelessness is a tragic reality for many people around the world and any measures to alleviate this problem is more than welcome," says Bolton-King, reminiscent of Spanish financial entities, such as Ireland or the United States have "a significant number of empty properties in their power."
Economics professor asks García Montalvo family bankruptcy proceedings
In this direction is the former Minister of Housing Beatriz Corredor, who believes that the right of use may be expropriated by a legal proceeding. "The important thing is that families do not go to the street. The drama is so great that something must be done. It is not acceptable that a family becoming homeless helpless "rivets.
Now, how far may encounter obstacles? One of the main problems faced by the Government was to find a definition for "empty apartment" which solved using a series of assumptions and tests: from the consumption of electricity and water to the testimony of a neighbor. The Andalusian decree there you have it much easier, because it focuses on financial institutions or their subsidiaries and foreclosure processes.
The statute provides for a fair price and requirements to be met by the person to be evicted for expropriation mechanisms are activated. The text is clear that expropriation will be made once the launch has occurred. The timing is not a trivial matter, since Fernandez Seijo remember that if done before the bank would not be expropriated, but the consumer, so it would be an interference with the rights of credit from financial institutions. The Board will also impose sanctions on banks that do not put on the market your floors. In this case, broker warns that many of the homes that are unsold not meet the "right conditions" for "situation or state."
Professor of Applied Economics at the University Pompeu Fabra José García Montalvo did not favor either the temporal or the expropriation payment in general, and retroactive to stop evictions. "If it is generally a person who can pay their mortgage, but do not want to, you can pay it stop, which will enlarge the hole in the banking and cost taxpayers more money," says the professor, who bet on "incentives" or, ultimately, penalties to mobilize the housing stock that is held by the bank.
Forced rental Critics prefer sanctions and incentives
"The annual costs of management, administration and financing of real estate ranging between 12% and 13%. If the Administration adds a surcharge to penalize those that are empty, the banks are likely to respond, "says the professor. Some municipalities, such as Strasbourg (France) or Portugal have imposed higher taxes for vacant buildings. According to the Federation of Municipalities and Provinces, in Spain there is no general rule to impose a vacant floors. García Montalvo also notes that part of the public housing stock is empty, but the Board said that is not the case of.
Legal uncertainty is another argument against the decree law. As in lieu of payment retroactively, this figure crosses the contractual relationship between the customer and the bank, since many of these mortgages are securitized and held by international investors. "Ultimately, all this can also affect the funding capacity of the institutions and, in this case, when the Andalusian can again go to the markets," says the director of studies Idealista.com, Fernando Encinar .
The decree law of the Board, therefore, brings to the table for the umpteenth time the problem of suffering Spain accommodation, although the access to decent housing is a constitutional right. "I hope to make something move," says Navas. García Montalvo aims to provide families that carry debt they can not afford come to court to ask the bankruptcy, which should address the mortgage, creating specialized courts if necessary. "Under current law, these procedures are designed for businesses. It is a judge to review each case and decide, for example, mean that applies to each family debts "he proposes. Navas supports this possibility, while Fernandez Seijo seems "the most reasonable", since now the judicial process does not stop foreclosure or payments on these loans.
Ireland passes Pillory
Neither Andalusia and Catalonia are the first areas where the rent is applied forced. According to sources from the Royal Institution of Chartered Surveyors (RICS), the international association of appraisers, the expropriation of empty homes to house homeless families is also provided for in the legislation of countries like Britain and France. In the UK, where there are 710,000 empty homes, the local authorities may exercise a warrant vacant housing management to appropriate use of the house "in exceptional circumstances". On April 1, according to the same institution, the Government introduced new measures for councils to recharge the IBI by 150%. "Many are using such a move when the house empty takes two years," say sources in the entity.
United Kingdom is not the only country. The RICS said France-with a million empty properties, which let the tips temporarily expropriate floors to accommodate the homeless. Although rarely done, this idea begins to take shape given the shortage of social housing available and the needs there.
Today, as this entity, that possibility is on the table in Ireland. This country of 4.5 million people, has 300,000 empty homes. The professor of the National University of Maynooth (Ireland), Cian O'Callaghan, explained that many of them are now virtually uninhabited large developments that are known as ghost estates (ghost polygons). Last summer some owners decided to demolish some of these buildings to other uses for the solar, as has happened in the United States. "Because these polygons are held by different groups, there is no national policy on what to do with them," explains the professor.
According to the RICS, now the government has put on the table the possibility of "using new properties that are empty to accommodate families", while the formula is being considered is to charter banks or promoters. Professor of Planning at University College Dublin Brendan Williams explains that, as happens in Spain, a problem is "the location of empty homes." "The lowest unemployment rates of around 10%, are in urban centers with higher growth and demand, as Dublin and Galway, and is highest in rural counties where there is no demand. There is more than 20%, "he says. In addition, in urban areas, he adds, the house is in poorly connected areas. "That makes a performance like that of Andalusia deserves less consideration here," he says. "Many of these parks are in rural areas, while the homeless population is in urban centers," says O'Callaghan, who points out that the main difference is that despite the demand for social housing, there has been a large volume evictions.
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