Today, 15 march 2024, has published the Resolution of march 14, 2024, the Secretary of State for Housing and Agenda Urbana which publishes the ratio of Areas of the housing Market Tensionades which, for the moment, only affects Catalonia.
In accordance with the provisions of article 18 of the Law 12/2023, 24 may, for the right to housing, the Administration had determined the areas in which the residential market was profitability under stress in order to delimit the territorial areas in which you will apply a series of measures aimed at facilitating access to housing.
This statement, which comes 10 months after the entry into force of the Law on Housing, determines that 140 Catalan municipalities sleep Area Residential Market Tensionada (ZMRT), among which are the four capitals of the provinces in catalonia, Badalona, l'hospitalet de Llobregat, Sant Cugat del Vallès, Sabadell, Terrassa, etc.
Until when will these municipalities ZMRT?
The declaration of these 140 municipalities as ZMRT will be valid for 3 years from the entry into force, that is to say, until march 16, 2027. However, it is expected that the possibility of that is prorrogui annually.
What implications has this resolution?
Starting tomorrow, the ZMRT, the flats owned by large holders, or that it takes more than five years without rent, not being relevant to the condition of a large holder or not of the owner, shall have a maximum limit of income for which you will be able to lease it.
From now on, before you rent flats that meet the conditions set out above, we will see the State system of Reference Prices of Rental Housing. It is an Index that is based on the data declared in the Model 100 of the income TAX, and the characteristics of the property to set a price range of hire among which the parties can negotiate the rent. The highest amount will be the maximum price for which you can rent the property in question.
In this sense, it should be borne in mind that we have established various tax incentives for the application of the rents of the car below the maximum established in the Benchmark Index.
This system is uniform throughout Spain, with tax base, which will be updated annually. However, this only works in areas that have been declared ZMRT and, for the moment, only has happened in Catalonia.
The Benchmark Index of the Prices of Rental Housing does not apply:
- The rental housing that had been rented in the past five years and are the property of an owner that does not have the status of great holder
- The rentals that are not housing, such as the seasonal, local business or other uses other than housing.
What is meant by great holder for the purposes of the Law 12/2023?
The law defines as a large holder of housing to any person or entity that is the holder of 10 urban property for residential use, to the exclusion of garages and storage, or a constructed area of more than 1500 m2.
However, the Resolution of march 14, 2024 has indicated that in the ZMRT is considered a great holder to any person or entity that is the holder of 5 urban property for residential use, located in a ZMRT.
If you have any questions regarding how to apply this Index or on whether a property is subject or not in this new regulation do not hesitate to contact us. Our team of specialists will advise you.
