The alarm has been raised amongst the expat community and other people who have a second home here in Spain that is used on a temporary basis.
The Central Spanish Government published a ministerial order authorising the governments of each region so that they can make owners who have unoccupied second homes rent them to people who are victims of gender violence, to people who are homeless, and other particularly vulnerable people who have been evicted from their habitual residence, for example, due to non-payment of their mortgage. “
However, from a legal point of view it is an order without executive value. The central government itself recognises that the norm does not allow expropriations. This norm points to the obligation of regional governments to make publicly owned housing available to these unprotected groups.
But what if there are not? It is a “ministerial order”, which does not have the status of law and, furthermore, it does not have any norm of that level on which to rely, therefore it is not mandatory.
Sources from the Ministry itself recognised that despite what the text says, that is not the will of the Government to open a door to the expropriation of private housing. However, they recognised the clumsiness of the drafting of this rule which has led to confusion and alarm amongst second homeowners.
This rule does not allow expropriations of private homes or protects ‘squats’ or other illegal practices. What it says is it allows the creation of a plan that can be used to pay for the rent of a house.
The Ministry itself has confirmed that the “Aid Program for victims of gender violence and evicted people” does not allow the expropriation of empty homes or second homes from private individuals.
Also, the Ministry explained that they enable regional governments so that in urgent circumstances of extreme vulnerability determined by social services, they can resort, for example, when renting a home or offering a room in a hotel and being able to pay for it with the “State Plan aid “.
The ministerial order, which develops in the State Housing Plan the new aid for the payment of the rent of habitual residence for vulnerable tenants due to the Covid epidemic, includes a program of direct aid to victims of gender violence, people who have been evicted, homeless people and those especially vulnerable to provide housing through financial assistance.
So, to conclude if you are thinking about buying a property in Spain don’t let this put you off. Buying property is a safe investment here in Spain, at Just Law Spanish Solicitors we have 30 years of legal experience and we can act for you in the purchase of any property throughout Spain, remember to choose your own independent Spanish lawyer.
We can also help with the NIE number, opening a Spanish bank account. If you are a British citizen who wishes to spend more than 90 days in a 180 day period here in Spain we can help with Residency or Residencia as it is called here in Spain. If you invest more than 500,000 euros in private or commercial property here in Spain we can help with the Golden Visa.
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