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Spain Rehabilitation Act Enters into Force 28 June 2014 (regeneration of urban spaces)

The Rehabilitation Act, regeneration and renewal of urban spaces, approved last month, enters into force on June 28, once it has been published in the Official Buletin. Thanks to this, the government estimates that 160,000 jobs will be created by 2020.

The new law provides for compulsory rehabilitation of buildings exceeding 50 years – about three million homes by 2018, to which a new system of building inspection shall apply. In that rehabilitation a financial report will be required that explains how the works will be financed. Furthermore, when local governments regulates it, in 10 years it will be extended to all buildings of flats, as the periods for review of current ITE are met.

On a practical level, the law simplifies the concept of rehabilitation work for minor reforms opting for public support, rethinks the play of the majorities within owners communities (penalizes owners-hegemonic majority (60%) in the assemblies), and facilitates the introduction of private sector in the management of development projects.

The municipalities may act ex officio and rehabilitation of private buildings ordering. To pay, the Act allows communities to give ”parts of the property, for rent or right to use, in exchange for deferred payments” or set ”swap or transfer of land or part of the property subject to certain building reform” and they can ”will rent premises, homes or other common items.” It is the case of dwellings of the porters, who in many cases lack of certificates of occupancy.

It also calls for construction receivables reform at zero cost and deferred, depending on the energy savings achieved. This formula will serve as farm managers, to ”combat the financial default in the communities of owners.

Read Full report in Spanish