The Constitutional Court admits appeals against the Housing Law in its fourth month in force

mateolevi2024

The Housing Law has been in force for four months and it does so with the announcement that the Constitutional Court has admitted for processing the appeals that have been presented in recent months by the Governments of Madrid, Andalusia and the Balearic Islands, the Parliament of Catalonia and the group popular parliamentarian in the Congress of Deputies.

As reported by the high court on September 26, the unconstitutionality appeals are directed against various provisions of Law 12/2023, of May 24, for the right to housing.

Specifically, it details that " the appellants challenge numerous articles of the norm , among others, 8 a), 15.1, 16, several sections of articles 18, 19 and 27 , as well as the third Chinese Student Phone Number List additional provision, the provision "first transitional provision and several sections of the first final provision. In the unconstitutionality claims, it is alleged that the challenged Law could be contrary to the regime of distribution of autonomous powers in matters of territorial planning, urban planning and housing." And he adds that, in addition, "the Popular Parliamentary Group's unconstitutionality appeal also raises the possible violation of the right to property, the right to effective judicial protection and local autonomy."

This September 26 marks four months since the  entry into force of the Housing Law,  one of the most controversial regulations in recent times for the real estate market and which opens the door to maximum rents in stressed areas.

Since then, Madrid, Andalusia and the Basque Country have appealed the law before the Constitutional Court, while the Balearic Islands are preparing their appeal and Galicia has requested modifications in the Bilateral Commission between the Autonomous Communities and the State. Practically all the appeals presented affect an invasion of jurisdiction in terms of the regulation of subsidized housing, the public housing stock, the declaration of stressed residential market areas, price containment measures in the regulation of rental contracts or the modifications to the Civil Procedure Law. However, each autonomy has appealed different sections of the regulations:



In the case of the Community of Madrid,  the unconstitutionality appeal was presented in July  and, as detailed by senior officials of the regional government in July, it focuses on several precepts of the State Housing Law under the premise that the text invades regional powers. Specifically, it deals with  11 sections of eight articles  in which the interpretation of the State's powers is "exceeded."

The regional president, Isabel Díaz Ayuso,  had been announcing for months her intention to appeal this regulation  before the Constitutional Court, even before its implementation, and insisting on those measures that depend on the regional initiative, such as the declaration of stressed areas. residential market, will not apply in the region. Ayuso has been blunt in her statements: "the law approved with Bildu and ERC invades the powers of the CCAA, contains unconstitutional articles and serious legal errors that seriously harm the real estate market and especially the people of Madrid," the PP leader highlighted. on social networks.

Andalusia, also governed by the Popular Party, is another of the regions that has taken the regulations to the high court. At the end of July , the Governing Council of the Junta de Andalucía authorized the filing of the unconstitutional appeal, which deals with a total of  18 articles and four additional provisions  of the Housing Law, considering that it invades exclusive housing powers. of the autonomous community and included in article 56 of the Statute of Autonomy

Specifically, the regional government headed by Juanma Moreno explained that it has focused its challenge before the Constitutional Court on “all the regulations contained in the State Housing Law around the concept of protected housing, incentivized affordable housing, large fork and public park. The regulation of the State Housing Law in these articles is so complete and finished that it does not leave any loophole for regulation to the regional legislator, who is competent in the matter. As an example, in relation to protected housing, it includes matters already regulated by the regional administration such as the duration of the qualification or the requirements to be awarded. However, Andalusia has not requested the precautionary suspension of the regulations.