Councils could ban property purchases that aren’t for living in. Right now. The Generalitat could do it too, as could the Spanish government. This triple conclusion emerges from a study commissioned by Barcelona’s Strategic Metropolitan Plan.
The report examines whether the ‘Amsterdam plan’ limiting property purchases to those who’ll live there could work here. Lawyer Pablo Feu prepared the study. He says there’s more than enough justification for this ‘restrictive measure’, especially whilst housing access remains overwhelmed.
Constitutional grounds for restriction
Article 47 of the Spanish Constitution mentions the right to housing. However, Feu highlights another crucial fragment. ‘Public authorities will promote necessary conditions and establish pertinent norms to make this right effective. They’ll regulate land use according to general interest to prevent speculation.’
That ‘prevent speculation’ phrase largely justifies the proposed measure. The idea is giving administrations a detailed report explaining how they could limit housing purchases when they’re not for living in. Moreover, it provides legal backing at state, regional and municipal levels.
How it would work
Initially, this would only apply to municipalities declared stressed housing areas. That’s a legal formula supported by Spanish housing law. Nevertheless, some exceptions exist to adjust the measure’s proportionality.
People could buy a second home in stressed market areas for their own use. However, not for tourist or seasonal lets. Likewise, large property owners could acquire entire buildings with multiple homes. In that case, though, they’d have to continue offering permanent residential tenancies. Under no circumstances would properties go to other speculative uses, the report states.
Constitutional Court would accept it
According to the legal study, all this falls within what the Constitutional Court would accept. ‘A norm limiting residential property purchases with speculative purposes in stressed areas would be fully constitutional. It meets two essential requirements established by Constitutional Court jurisprudence for restricting property rights.’
The analysis references an ‘objective reason’ prioritising ‘general interest’ (housing access in this case). Furthermore, it ‘doesn’t make property rights unrecognisable’, merely ‘modulating them temporally and territorially’.
Sustainable urban development
Another key point mentioned at the study’s presentation is administrations must ensure ‘sustainable’ urban planning. This matters because it allows the Generalitat and councils to intervene. ‘If rising rents and purchase prices create social division and territorial dispersion, you’re imposing unsustainable development,’ the text mentions.
Places like Barcelona and its metropolitan region have found this particularly overwhelming recently. The tourism boom and constant arrival of residents (temporary or permanent) with high purchasing power, like expats or digital nomads, has been crucial, Feu established.
Political will needed
Vice-president Janet Sanz attended the press conference representing the Strategic Metropolitan Plan. She said the decision on restricting housing acquisitions is currently a matter of political will. Sanz explained the metropolitan organisation has requested meetings with Barcelona City Council, the Generalitat and Spanish government to present the report’s conclusions.
The key is fully intervening in a market where purchase prices are unaffordable for most people’s pockets. The study provides the legal framework. Now it’s down to politicians to act.
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