SPANISH URBAN RENTAL LAW. Additional provisions.

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First Regime for social housing for rent

  1. The term of the legal regime for social housing qualifying for rental as from the entry into force of this law shall expire when the period established in the applicable regulations for the repayment of the qualified loan obtained for its promotion or, in the absence of such a loan, twenty-five years after the date of the corresponding definitive classification, has elapsed.
  2. The initial maximum rent per useful square metre of the social housing referred to in the previous section shall be the percentage of the corresponding maximum sale price in accordance with applicable state or regional regulations.
  3. No revision of the rents of social housing shall be applied unless there is an explicit agreement between the parties. In the event of an express agreement between the parties on some mechanism for reviewing monetary values that is not detailed in the reference index or methodology, the rent will be reviewed for each year by reference to the annual variation of the Competitiveness Guarantee Index. Number 3 of the first additional provision drafted by section two of the first final provision of Law 2/2015, of 30 March, on the de-indexation of the Spanish economy (“B.O.E.” 31 March). Validity: 1 April 2015
  4. In addition to the initial or revised rentals, the lessor may receive the actual cost of the services enjoyed by the lessee and paid by the lessor.
  5. Without prejudice to the administrative sanctions that may apply, clauses and stipulations that establish rents higher than the maximum authorised in the applicable regulations for subsidised housing shall be null and void.
  6. The provisions of the previous sections shall not apply to publicly developed housing regulated by Royal Decree-Law 31/1978.
  7. The provisions of the preceding sections shall be of general application in the absence of specific legislation of the Autonomous Communities with competence in the matter.
  8. The renting of publicly promoted social housing shall be governed by their particular rules regarding the term of the contract, variations in rent, limits on the repercussion of amounts for repairing damage and improvements, and the provisions regarding the right of assignment and subrogation in renting, and in what is not regulated by them by the provisions of this law, which shall apply in full when the renting ceases to be subject to said particular provisions.

The exception shall not apply to questions of competence and procedure in which the provisions of this law shall apply in their entirety.

Second Modification of the Mortgage Law

Amendment incorporated into D. 8 February 1946 (“B.O.E.” 27 February), approving the Revised Text of the Mortgage Law.

  1. Within a period of nine months from the entry into force of this law, the requirements for access of urban leases to the Land Registry shall be established in accordance with the regulations.

Third Deposit of bonds

  1. The Autonomous Communities may establish the obligation that the lessors of urban property subject to this law deposit the amount of the deposit regulated in article 36.1 of this law, without accrual of interest, at the disposal of the Autonomous Administration or of the public entity designated until the extinction of the corresponding contract. If, one month after the end of the contract, the Autonomous Administration or the competent public body does not refund the amount deposited, the corresponding legal interest shall accrue.
  2. In order to promote transparency and facilitate the exchange of information for the exercise of public policies, the regulations governing the deposit of a bond referred to in the previous section shall determine the data to be provided by the lessor, which shall include, as a minimum:

(a) the identifying data of the parties lessor and lessee, including addresses for notification purposes.
b) The data identifying the property, including the postal address, year of construction and, where appropriate, year and type of refurbishment, constructed area for private use by use, cadastral reference and energy classification.

c) The characteristics of the lease contract, including the annual rent, the time period established, the updating system, the amount of the deposit and, where appropriate, additional guarantees, the type of agreement for payment of basic supplies, and whether it is furnished.
Third additional provision drafted by section fifteen of the first article of R.D.-law 7/2019, of 1 March, on urgent measures regarding housing and rent (“B.O.E.” 5 March). Effective: March 6, 2019
Fourth Aid for access to housing

Persons who, in application of the provisions of the second transitional provision of this law, are deprived of the right to subrogation “mortis causa” recognized by the revised text of the Law on Urban Leases, approved by Decree 4104/1964 of 24 December, shall be preferential subject of public aid programs for access to housing, provided that they meet the requirements in terms of maximum income established in such programs.

Fifth Amendment to the Code of Civil Procedure

  1. Article 1.563 of the Code of Civil Procedure shall be worded as follows:


Modifications incorporated into R.D. 3 February 1881 (“GACETA” from 5 to 22 February), enacting the Civil Procedure Law.

  1. Appeals against judgments in the matters referred to in article 38 shall have preferential processing before both the Provincial Courts and the Superior Courts.

In proceedings involving the launch, the defendant will not be admitted to the appeals and cassation appeals, when appropriate, if he does not prove, when filing them, that he has satisfied the rents due and those which he must pay in advance in accordance with the contract, or if he does not deposit them judicially or notarially.

If the tenant does not comply with the foregoing, the judgment shall be deemed to be final and shall be executed, provided that required by the judge or court hearing the same does not meet its obligation to pay or consignment within five days.

The remedy of cassation or appeal filed by the tenant shall also be deemed void, regardless of the state in which the tenant is in, if during the substantiation of the same, the tenant fails to pay the instalments that are due or those that must be advanced. However, the tenant may cautiously advance or consign the payment of several unexpired periods, which will be subject to liquidation once the sentence is signed. In any case, the payment of such amounts shall not be understood as contractual novation.

Articles 1.566 and 1.567 of the Code of Civil Procedure shall be worded as follows:


Modifications incorporated into R.D. 3 February 1881 (“GACETA” from 5 to 22 February), enacting the Code of Civil Procedure.
Number 2 of the 5th Additional Provision drafted by Law 50/1998, 30 December (“B.O.E.” 31 December), on Fiscal, Administrative and Social Order Measures.

  1. Article 1.687.3 of the Code of Civil Procedure shall be worded as follows:


Modifications incorporated into R.D. 3 February 1881 (“GACETA” from 5 to 22 February), enacting the Code of Civil Procedure.
Sixth Census of urban leases

  1. The Government shall proceed, through the Ministry of Public Works, Transport and the Environment, within one year of the entry into force of this Act, to draw up a census of the rental contracts for dwellings subject to this Act that are still in force.
  2. This census shall include data identifying the landlord and tenant, the rent of the contract, whether or not there are review clauses, their duration and the date of the contract.
  3. To this end, the lessors must send to the Ministry of Public Works, Transport and the Environment, within a maximum period of three months from the entry into force of the law, the details of the contract referred to in the previous paragraph.
  4. The tenants shall have the right to request the inclusion in the census referred to in this provision of their respective contracts, giving written notice to the lessor of the data sent.
  5. The breach of the obligation provided for in paragraph 3 above shall deprive the lessor who has breached the obligation of the right to tax benefits referred to in the fourth final provision of this Act.

Seventh Amendment Law 36/1988, of 5 December, on Arbitration

A number 3 is added to article 30 of Law 36/1988, of 5 December, on Arbitration, the content of which shall be as follows:

«…»

Amendment incorporated into Law 36/1988, December 5 (“B.O.E.” December 7), on Arbritraje.
It should be borne in mind that Law 36/1988, of 5 December, has been repealed by Law 60/2003, of 23 December, on Arbitration (“B.O.E.” 26 December).
Eighth right of return

The right of return regulated in the fourth additional provision. 3. of the consolidated text of the Law on the Land and Urban Development Regime, approved by Royal Legislative Decree 1/1992, of 26 June, shall be governed by the provisions of this provision and, failing that, by the rules of the consolidated text of the 1964 Urban Leases Law.

When in the isolated urbanistic performances not expropriatory required by the urban planning, it was necessary to proceed to the total demolition or to the integral rehabilitation with conservation of facade or of structure of a building, in which there exist rented urban housings is any the date of the rent, the tenant shall have the right to be provided by the landlord of the aforementioned property with a new dwelling with a surface area of not less than 50 per cent of the previous one, provided that it has at least 90 square metres, or not less than that which it has, if it did not have such a surface area, with characteristics analogous to that of the former and which is located on the same site or in the environment of the demolished or renovated building.

Ninth Declaration of the situation of handicap

To the effects foreseen in this law, the situation of handicap and its degree must be declared, in accordance with current legislation, by the centres and services of the competent Public Administrations.First Contracts entered into as from 9 May 1985

Tenth Prescription

All the rights, obligations and actions resulting from the lease contracts contemplated in this law, including those subsisting to the entry into force of the same, shall lapse, when there is no specific limitation period provided, in accordance with the provisions of the general regime contained in the Civil Code.

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