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Decree Law 50/2020 to stimulate officially protected housing

DECRETO LEY 50/2020

It was published in the DOGC on December 11 the Decree Law 50/2020, of December 9, on urgent measures to stimulate the promotion of officially protected housing and new types of rental accommodation.

Decree Law 50/2020 regulates the following issues:

  1. The updating of the sale prices and the maximum rents of officially protected homes not governed by the price and income determination system established by Decree Law 17/2019, to guarantee their viability. To this end, a new transitory provision is added, the fifth bis.
  2. The legal configuration of accommodation with complementary common spaces, for which different articles are added to the Law of the right to housing, regulating, as one more type of housing
  3. The incorporation of the legal obligation of the administrations that have data or documentation in relation to rental income, to assign them to the competent administrations and to carry out inspection and control actions of Law 11/2020 and the addition of a measure of containment of rental income.
  4. Article 3 modifies section 2 of article 100 of the revised text of the Urban Planning Law, which regulates the modifications of the urban planning figures that require an increase in reserves for urban systems.
  5. Section 3 is added to article 9 of Law 11/2020, of September 18, where it is stated that those leasing contracts made within the five years prior to the entry into force of the Decree Law, the agreement that requires the lessee party to the assumption of general expenses and individual services that had not been foreseen in the previous lease contract.
    • General expenses and individual services may not be passed on if the rent is determined by the rent of the previous contract, as it is a home rented in the five years prior to September 22, 2020, and in this previous contract they would not have been passed on to the lessee these expenses.
    • It only refers to the impossibility of passing on general expenses and individual services, not taxes. Therefore, the CAFBL interprets that taxes may be passed on, such as IBI, while the LAU clearly differentiates between the taxes of the rest of the taxable items.
    • General expenses and individual services, as well as taxes, may be passed on when the income is determined by the application of the reference index.

You can read a more complete analysis carried out by the CAFBL by clicking on this link.

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