The new Andalusian Land Law:

fewer obstacles, regularization of rustic houses

and faster urban plans

GONZALO NÚÑEZ  NOTICIA27.12.2021 - 14:23H

• The List enters into force with the aspiration of removing Andalusian urban development from the paralysis.
  Nearly 300,000 irregular homes on rural land will be eligible for urban consolidation.
  The municipal PGOU may spend from 10 to 2 years on average in their execution

Junta de Andalucía The List will allow the development of urban plans with fewer obstacles

The Law to Promote the Sustainability of the Territory of Andalusia (List), approved in November, which entered into force on December 23 and whose regulations will be approved in the next six months, has been and is one of the banners of the "Government of change" led by Juanma Moreno, who prides himself on having undertaken a "de-ideologized" crusade to lighten the heavy bureaucracy woven in Andalusia after almost 40 years of socialist governments. The new Land Law participates in that idea (which the Board has also developed in its three administrative simplification decree laws) of eliminating obstacles, filters, categories and assumptions that had led to a sclerosis of urban development under the LOUA, approved in 2003

These are some of its keys:

 rustic flooring

The star measure, and the most controversial, is the one that concerns urban qualifications. Compared to the previous model of three classes of land (urban, developable and non-developable), only two classes are set: urban and rustic. The subcategories of consolidated and unconsolidated urban land are also eliminated. The Board believes that this new categorization realistically and practically reflects the reality of land in Andalusia and avoids establishing redundant cases.

rustic "regularization"

This commitment to remove obstacles to rural spaces, brings about a "regularization" that would affect nearly 300,000 homes built on undeveloped land during the last decades. The Board intends to facilitate its consolidation, although it insists that it is not an "amnesty". Taking these houses out of irregularity will allow organizing and rationalizing an already existing reality, legally prescribed. Providing them with legal certainty reverts to their territorial integration and their environmental adaptation.

 non-urban environments

 The Law also opens the door to construction, within the legal framework, of new homes on rustic land without directly depending on agricultural uses as was established until now. It is understood that allowing this type of construction, provided that the new homes are isolated and single-family, favors the development and integration of rural Andalusia and prevents an underground economy of this type of construction.

faster plans

The relaunch of the general urban plans of the Andalusian municipalities is another of the workhorses of the Andalusian Government of PP and Citizens. The Minister of Development, Infrastructure and Territory Planning, Marifrán Carazo, has given the example of Macharaviaya, a small town in Malaga that has been unable to carry out a new PGOU for 18 years. Three out of five Andalusian municipalities are without a general plan today.

The duplicities, the excessive obstacles and the refusals in the courts have led to a scenario in which the most usual thing is that a general plan goes ahead in 10 years, which is generally the term for which it is specified. The Board calculates that, with the List, these terms will be greatly reduced, up to two years on average, thanks to giving primacy to the voice of the municipalities over regional auditing.

more local power

 This supposes a reinforcement of local competences, since the municipalities are allowed to approve their general urban planning plans without facing the approval of each council in the different stages of the process. The regional administration maintains, yes, full powers in matters of land planning and the management of territorial actions. But his "step back" will allow the PGOU to be developed more quickly, especially in smaller localities. Thus, the List has created the figure of the Basic Plan, simpler and with less content, for municipalities with fewer than 10,000 inhabitants that are not coastal and are not part of urban agglomerations.

Regulatory simplification

 In line with the crusade for administrative rationalization and simplification undertaken by the regional government, the new Land Law involves the modification of 44 regulations and repeals three laws and three decrees. Counselor Marifrán Carazo values that, without diminishing legal certainty, the List undoes the existing "regulatory tangle", speeds up procedures, reduces deadlines and bureaucratic burden. All this to avoid the paralysis of the urban sector and achieve the launch of new plans that adapt to a reality that has changed a lot since the approval of the now extinct LOUA. the Board understands that the List "gives land use planning a positive approach in such a way that it provides opportunities and is not perceived, as it has been up to now, as another obstacle".

Sustainable development

 The Law includes the concept of sustainable development from an environmental, social and economic perspective. Measures of respect for the environmental values of natural resources, protection of the coastline, of the historic quarters, as well as speeding up actions on the consolidated city, avoiding the unnecessary occupation of land, are incorporated. Economic sustainability in urban activity entails a guarantee for the execution of the actions and provides certainty to the forecasts of the urban planning instruments.

Public-private partnership

 Another of the legs on which the "philosophy" of the PP-Cs government in Andalusia is based has been that of not hindering private initiative. Faced with a suspicious conception of the private, the new relationship of the Andalusian public administration wants to be sensitive to their demands and facilitate their development within the current framework. Thus, the List incorporates mechanisms for the collaboration of individuals in urban planning activity. The integration and participation of professional associations and certifying entities in the field of licenses is also promoted.

Duration of a room lease

The duration of the lease of a room will be that agreed in the contract as it is not subject to the Law of urban leases.
NOVEMBER 8, 2021
6 min read

 FRANCISCO SEVILLA CÁCERES

0 COMMENTS

Index of contents

Before seeing the duration of the lease of a room with the right to use the common services and dependencies (normally the kitchen and the bathroom), it is necessary to see if said contract is subject to the Urban Leasing Law (LAU) or the Civil Code.

And we say this because, as you know, if the lease of the room was subject to the LAU and the contract had been formalized as of March 6, 2019,el inquilino tiene derecho a permanecer en el contrato the tenant has the right to remain in the contract for up to 5 years if the landlord is a natural person. and up to 7 years if the lessor is a legal person (company).

room is subject to the LAU or the Civil Code?

Most of the Courts, although there are some exceptions, have been proclaiming that the room rental contract is subject to the Civil Code and not to the Urban Leasing Law.

The arguments that they expose coincide that »according to what is established in art. 2 of the LAU, the lease of housing is defined as that lease that falls on a habitable building whose primary purpose is to satisfy the tenant's permanent need for housing, being essential, to resolve the issue raised, the specification of the term of habitability of the object leased in the specific case at hand.

A building will be habitable when it is adequate to serve the needs of dwelling or residence, where the person or family develops the intimacy of their existence, constituting their home, without this concept being properly transferable to a room or dependency that is part of a dwelling, object of the contract signed between the parties, since it lacks the minimum and essential services (bathroom, kitchen,...), and that are only supplied by the granting of the right to use it in a shared, not exclusive, manner. other dependencies that are simultaneously served by the remaining occupants of the dwelling.”

Provincial Court of Madrid (Section 9), judgment of 03.28.2019

«The controversial issue is therefore centered on the determination of the legal nature of the contract concluded by the parties. The lease, according to document No. 1 of the lawsuit, falls exclusively on one room of the house, the tenant being able to use the kitchen and any of the shared bathrooms with the commitment to share with the rest of the tenants the cleanup.

According to article 2 of the LAU, "housing lease is considered to be that lease that falls on a habitable building whose primary purpose is to satisfy the tenant's permanent need for housing."

This characteristic of permanently satisfying the housing needs of the tenant is not predicable of a room that does not guarantee the development of the tenant's domestic life with the intimacy and services that are considered essential today, which are only available on a shared basis. . The space that is assigned exclusively is only that of a room, which cannot be understood as included within the definition of article 2 of the LAU. This is provided for in the contract itself that refers to the regime of articles 1,542 to 1,582 Civil Code in everything not provided for in its text.»

What does the Civil Code say about the duration of a room lease?

For the sector that considers that the rental of a room is excluded from the LAU and therefore subject to the Civil Code, the duration will be determined by the following rules:

1.- It will be the duration freely agreed upon by the parties, concluding on the predetermined day without the need for a request (art. 1565 Civil Code). (art. 1565 Código Civil).

2.- If at the end of the contract, the tenant remains enjoying fifteen days of the leased thing with the consent of the lessor, it is understood that there is a tacit renewal for the time established in articles 1,577 and 1,581 of the Civil Code,artículos 1.577 y 1.581 del Código Civil unless there has been a prior request .tácita reconducción

3.- The duration of the lease of a room when no term has been set for the lease, will be understood as done for years when an annual rent has been set, for months when it is monthly and for days when it is daily.

Procedure to follow for the eviction of a room lease:

Provincial Court of Madrid (Section 14), sentence 05.05.2020:

«The sentence issued in the first instance explains that the defendant has admitted not having paid all the agreed rent, due to the breach of the obligations assumed by the lessor. It does not challenge the lease, which establishes the rent at 280 euros per month, nor does it justify a verbal agreement altering the previous stipulation.

Regarding the applicable regulations, if the lease falls on one of the rooms or dependencies of a dwelling, the provisions of articles 1554 and following of the Civil Code  artículos 1554 y siguientes and general precepts on obligations and contracts must be followed.

Consequently, considering that the obligation to pay the price is essential in the lease, its breach allows the resolutory effect of art. 1124 Civil Code art. 1124 Código Civil,, in relation to art. 441.1 Law of Civil Procedure in the procedural aspect, which for rental processes limits the allegations and means of proof of the defendant in relation to payment, or enervation...

It should be remembered that for lease contracts subject to the general regulations of the civil code, article 1569 of the Civil Code contemplates the power of the landlord to initiate an eviction proceeding for non-payment of rent, declaring that: » The landlord may judicially evict the lessee for any of the following reasons: (...) 2nd Failure to pay the agreed price». And that said eviction process is subject to the limitations of allegation, and means of proof, contemplated in art. 444.1 art. 441.1 Ley de Enjuiciamiento Civil transcribed above, with the result that the testimonial evidence that is proposed is not intended to prove either the payment of income, or the enervation."

Observation:

If you want to read some sentences about the subjection of the room lease contract to the Civil Code CLICK HERE  - arrendamiento de habitación al Código Civil PINCHAR AQUÍ

PENAL

Crime of damage to rented housing

One of the elements required to face a crime of damage to rented housing or furniture is intent.
OCTOBER 30, 2021
8 min read

 FRANCISCO SEVILLA CACERES
Lawyer
3 COMMENTS

Index of contents

We are going to see some important issues of the crime of damage to the rented home or to the furniture when the lease has been made with furniture and fixtures.

The Penal Code punishes those behaviors in which the subject causes damage to other people's property. Article 263 artículo 263 that in these cases the subject will be sentenced to a fine of 6 to 24 months, provided that the valuation of the damage exceeds 400 euros.

If the damages do not exceed 400 euros, he will be sentenced for a minor crime of damages (old misdemeanor)delito leve de daños with a FINE of 1 to 3 months.

If you want to read more about the crime of damage CLICK HERE.PINCHA AQUÍ.

Will all the damages that appear in the house or in the furniture be considered a crime?

The answer is no.

The mere fact that damage to the home or furniture appears at the end of the rental does not mean that such conduct is considered a crime.

In order for said damages to have a criminal reproach, that is, for us to speak of a crime of damage to the rented home, it is required that they have been caused intentionally or willfully.

Damages due to gross negligence may also be penalized as long as their value exceeds 80,000 euros (which is unlikely in these cases).

In other words, if the damage has been caused by the usual desgaste usual wear and tear of things or by simple recklessness, we would not be talking about a crime but rather a civil matter that can be heard in civil courts but not in criminal courts. 

How must the damage to the home or furniture be accredited?

The damages must be accredited by the owner of the house.

Hence the importance that immediately when the lease contract ends or the property is taken by the Court if an eviction procedure has been carried out, the state of  procedimiento de desahucio home is examined by an expert and said damages are valued (photographic report , witnesses, etc).

Recommendations for the landlord and for the tenant:

2nd.- Make a photographic or video report of the state of the house and the furniture when the lease is going to be signed.

3rd.- If the house is rented furnished, an inventory must be made as exhaustive as possible.

4th.- Point out any damage that may appear in the home or furniture.

Examples of crime sentences for damage to rented housing

Convicted of crime of damage

-Provincial Court of La Rioja (Section 1), sentence 04.18.2017:

» El 28 de mayo de 2012 los inquilinos entregaron las llaves de la vivienda.

El perito …., informa que visitó la vivienda el 6 de junio de 2012, presentando ésta un estado lamentable, totalmente incompatible con un uso normal de la misma, observando roturas en cajones de persianas, persianas, mobiliario, aparatos sanitarios, muebles de cocina, pavimentos de gres y parquet, alicatados, puertas, mecanismos eléctricos.., así como sustracción de mecanismos de cierre de todas las puertas, pintado de éstas de forma tosca, y suciedad general que afecta a toda la vivienda, llegando al extremo de excrementos de animales en algunas zonas.

Incorpora a su informe diversas fotografías en las que se aprecian los desperfectos y suciedad informados por el perito, en los muebles de cocina y encimera de la cocina, alicatados, puertas, lamas y cajas de persianas, armario, encimera y mueble de lavabo, y suciedad generalizada en las diversas estancias de la vivienda.

Es manifiesto que tales desperfectos exceden de los que pudieran derivarse del uso normal de la vivienda, y que no han podido ser causados sino intencionadamente, pues de otro modo no se explica que el lavabo se encuentre en el suelo, la suciedad sea notoria y generalizada, el armario no tenga puertas, las persianas estén rotas, haya boquetes en los azulejos, o que las puertas no tengan manillas…..

No hay un solo dato que permita apreciar la posible comisión del delito por un tercero en el escaso tiempo, nueve días, transcurrido entre la entrega de llaves y la inspección de la vivienda por el perito , sin que dicho perito informe que la puerta de entrada hubiera sido forzada, o que de otro modo se apreciara el acceso de terceras personas a la vivienda; resultando, en un juicio de inferencia lógico, que los daños, eminentemente intencionales, como resulta de las fotografías obrantes en autos e informa el perito, fueron causados por los acusados, pues ellos eran los ocupantes de la vivienda, sin que hayan dado una explicación razonable acerca de tan importantes daños y suciedad en la vivienda, que conforme al contrato de arrendamiento se encontraba en estado de servir al fin para el que se arrendó, así como consta en el contrato que inspeccionaron la vivienda antes de ocuparla, no siendo creíble que la ocuparan sin haberla visto, por más que se encontraran en la necesidad imperiosa de alquilar una vivienda, pues no se antoja imposible encontrar en la ciudad de Logroño un alquiler similar al pactado en este caso.»

-Audiencia Provincial de Albacete (Sección 1ª), sentencia 15.07.2010:

» Igual razón impide estimar las alegaciones sobre el delito de daños , su voluntariedad se deduce del tipo de daños , absolutamente diferente de los que se producen por un uso e incluso por un abuso de la vivienda alquilada , rotura de cristales, de las presiones, desperfectos en las ventanas, rotura de sillones, de timbre de la puerta y del telefonillo. En definitiva la Sala igual que el Juez considera que dichos daños se produjeron adrede y no son consecuencia del uso del inmueble arrendado, por lo que constituyen el delito de daños por la que se sanciona.»

-Audiencia Provincial de Barcelona (Sección 10ª), sentencia 6.09.2016:

» Ha quedado probado que la acusada Claudia, en fecha y hora no concretada pero en todo caso, entre los días 3 y 7 de Mayo de 2013, conocedora de que iba a ser lanzada de la vivienda y con ánimo de menoscabar la propiedad ajena, causó de forma consciente desperfectos y destrozos en el mobiliario y en las instalaciones de la vivienda arrendada (tales como paredes rotas, arrancados tubos y cañerías de cobre, cables de luz, sacados los enchufes, rotura de persianas ventanas y somieres y colchones rotos, grifo de la cocina roto, desaparición del contador de la vivienda etc), dejando asimismo a vivienda en un estado lamentable en cuanto a su salubridad.»

Se absuelve del delito de daños

-Audiencia Provincial de Alava (Sección 2ª), sentencia 1.09.2014:

» Los daños apreciados no llegan a objetivar una intención de dañar, sino simplemente son indicativos de que la acusada no realizó un uso adecuado de la vivienda. Se trata de daños que evidencian un uso descuidado, incluso negligente; pero no evidencian un ánimo de perjudicar al propietario, ni siquiera uniéndole el hecho de que el propietario tuvo que interponer un procedimiento de desahucio; pues de tal hecho no cabe presumir en el presente supuesto el móvil o sentimiento de venganza que nuetren la intención de perjudicar a otro.

No es extraño que las alfombras se estropeen si se dejan en el balcón porque no se quiere hacer uso de las mismas; ni es difícil que se rompa una persiana o el cristal de una mesa accidentalmente si no se es cuidadoso en el trato de las cosas; por otra parte, las pintadas con rotulador que aparecen muy localizadas en paredes son como las que haría un niño en un descuido de su cuidador; estas dos últimas razones pueden igualmente predicarse de las marcas dejadas en puertas, la mesa, la encimera de estudio color blanco, un mueble mural o el marco de dos de los cuadros, así como de las manchas en unas cortinas, e incluso del somier partido; y, por último, es de notar que las humedades en uno de los baños se localizan en el techo, desconociéndose el origen de las mismas.

La perito se limitó a describir los daños únicamente a efectos de su valoración, sin que en su informe se excluya que dichos daños se deben a un uso descuidado o negligente de la vivienda.

Existe un generalizado consenso doctrinal en la conveniencia de reducir al mínimo la persecución penal de conductas que, como la de daños, tienen ya una respuesta civil indemnizatoria o restauradora. «

LEASES

Tolerance in late payment of rent

The tolerance in the late payment of the rental income does not imply the tacit consent of the landlord and may be cause for termination.
NOVEMBER 10, 2021
5 min read

Recover rented housing out of necessity

Requirements to be able to recover the rented home due to the need of the landlord or due to the need of some of his relatives.
NOVEMBER 18, 2021
10 minute read

FRANCISCO SEVILLA CÁCERES

Lawyer
50 COMMENTS

Index of contents

We talked about the possibility of recovering the rented house due to the need of the landlord or his relatives.

This article is aimed at those housing leases entered into between June 6, 2013 and March 5, 2019. 

Rental contracts entered into as of March 6, 2019 will also be regulated by the LAU but with the modifications introduced by Royal Decree Law 7/2019, as we will explain at the end of this article.

The first thing we should know is that, depending on the date of execution of the lease, the recovery due to housing need has a different regime:

Recover rented housing out of necessity in contracts entered into from 06.06.2013 to 03.5.2019

The issue is regulated in article  artículo 9 of the Urban Leasing Law (LAU).

Section 3 of the aforementioned provision includes the possibility that the lessor can recover the property delivered for rent before the lease contract ends.

The aforementioned article artículo 9.3º LAU provides:

» The mandatory extension of the contract will not proceed if, once the first year of its duration has elapsed, the landlord notifies the tenant that he needs the leased property to use it as a permanent home for himself or his relatives in the first degree of consanguinity or by adoption or for your spouse in the event of a final judgment of separation, divorce or marriage annulment.

The aforementioned communication must be made to the tenant at least two months before the date on which the dwelling is going to be needed and the tenant will be obliged to deliver the leased property within said period if the parties do not reach a different agreement.» 

Most important issues to recover rented housing out of necessity:

– The rented home can be recovered due to the need of the landlord, as long as it is for himself, for any relative in the first degree of consanguinity or by adoption, or for his spouse in the event of a final judgment of separation, divorce or marriage annulment.

– You can request the recovery of the home out of necessity without it being necessary for this cause to have been stated in the stipulations of the lease.

– The recovery of the home may not be requested until the first year of the contract has elapsed. If the lease is after June 6, 2013, which is when the new regulations came into force, you have to wait at least a year to be able to recover it.

– The law says that “The mandatory extension of the contract will not proceed if, once the first year of its duration has elapsed, the landlord notifies the tenant that he needs the leased property to use it for permanent housing.” The aforementioned legal text, read literally, establishes that "the mandatory extension will not proceed", which means that if the contract is not in mandatory extension, but is within the contractual term agreed in the contract, the lessor You will not be able to recover the rented house out of necessity until said period has elapsed.

Sentences where an attempt is made to recover the house rented out of necessity

Judgment of the Provincial Court of Madrid (Section 21) of 06.25.2019:

«Well, the power of article 9.3 of the Urban Leasing Law to put an end to housing leasing is linked to the fact that the contract is in a situation of mandatory extension, and that contract agreed for a term of less than three years will be, or who is in the situation of article 10, for which it is necessary that the expiration date of the contract, or any of its extensions, has elapsed after at least three years of its duration.

But the lease of the defendants (tenants) is not in a situation of mandatory extension, but rather in a contractual term, which was established for a period of twenty years, so it cannot be terminated due to the need of the lessor in accordance with article 9.3 of the Law of Urban Leases.”

This lack of clarity of the law advises landlords to make contracts for a duration of ONE YEAR, thus having the possibility of recovering the home due to the need of him or his relatives, since after the contractual term of the year, the lease will have entered into a legal prórroga legal  in favor of the tenant for two more years until completing three, which allows the landlord to avail himself of this possibility of recovering the home.

– The aforementioned communication must be made by the landlord to the tenant at least 2 months before the date on which the home is going to be needed and the tenant will be obliged to deliver the leased property within said period if the parties do not reach an agreement different.

– Mere communication is not enough to recover the rented home out of necessity, but the cause must be certain and accredited, for example: a copy of the divorce decree where the rented home is attributed to one of the spouses. Prove that one of the children does not have a home to live in, etc.

– The term that the landlord or one of his relatives has to occupy the recovered home is THREE MONTHS. If it is not occupied within said period, the tenant may again request within THIRTY DAYS to return to the home and return to the rental for a duration of three years.

– In the event that the tenant returns to the dwelling because it had not been occupied in those three months by the landlord or any of his relatives, he may request compensation for the expenses that the eviction would have entailed (moving, another rent, etc.).

Example of a case on the recovery of housing rented by necessity

Housing lease contract from September 2018, with an agreed duration of one year, which will be extended annually (at the tenant's will) until it reaches the minimum legal duration of three years, that is, until September 2021, in accordance with article 9.1 of the LAU.

If the landlord needs the house for himself or a first-degree relative, as the agreed duration of the contract ended in September 2019, the contract is being extended for a second year, so the landlord could notify the tenant of the cause of need to repossess the home.

After everything we have said so far, the cause of necessity provided for in article 9 section 3 of the Urban Leasing artículo 9 apartado 3 de la Ley de Arrendamientos Urbanos  cannot be invoked in the first year of the contract, but it can be invoked after it is fulfilled, for what could already be done the requirement two months in advance provided that the end of this period is after the first annuity.

Recover rented housing out of necessity in contracts entered into from 03.5.2019 onwards

Article 9.3 of the LAU has been modified by Royal Decree Law 7/2019.

This reform will apply to contracts entered into from March 6, 2019 onwards.

The most interesting thing about this reform is that a clause must be expressly included in the contract that makes it possible to recover the home out of necessity. If said clause does not expressly appear, said recovery cannot be invoked by the lessor.

Article 9.3 of the LAU  artículo 9.3 de la LAU has been worded as follows:

"3. Once the first year of the contract has elapsed and provided that the lessor is a natural person, the mandatory extension of the contract will not proceed when, at the time of its execution, the need for the lessor to occupy the leased dwelling before five years have elapsed in order to use it as a permanent dwelling for himself or his relatives in the first degree of consanguinity or by adoption or for his spouse in the event of a final judgment of separation, divorce or marriage annulment.

To exercise this power to recover the dwelling, the lessor must notify the tenant that he needs the rented dwelling, specifying the cause or causes among those provided for in the previous paragraph, at least two months before the date on which the housing is going to be needed and the tenant will be obliged to deliver the leased property within said period if the parties do not reach a different agreement.

If after three months from the termination of the contract or, as the case may be, from the effective eviction from the dwelling, the landlord or his relatives in the first degree of consanguinity or by adoption or his spouse had not proceeded in the event of a final judgment of separation, divorce or marriage annulment to occupy this by itself, depending on the case, the tenant may choose, within a period of thirty days, between being reinstated in the use and enjoyment of the leased property for a new period of up to five years, respecting , in the rest, the contractual conditions existing at the time of termination, with compensation for the expenses that the eviction of the dwelling would have entailed up to the time of reoccupation, or be compensated for an amount equivalent to one month for each year that remain to be fulfilled until completing five years, unless the occupation had not taken place due to force majeure, understood as such, the impediment caused by those suc those expressly mentioned in regulations of the rank of Law to which the character of force majeure is attributed, or others that could not have been foreseen, or that, foreseen, were unavoidable.»

Can the rental contract be terminated due to the need of the landlord?

To find out if the housing lease can be terminated before the end of the agreed duration or that legally provided for in article 9 of the LAU, it is necessary to read if this possibility was agreed in any of its clauses in the contract.

If nothing was agreed, the contract cannot be terminated for reasons of necessity.

If this possibility was agreed in the contract, the contract can only be terminated if the person who needs the dwelling is the landlord himself or one of his first-degree relatives.

Finally, the cause of need for housing has had to arise after the contract was concluded, since if it is earlier it is possible that the tenant and the Court will reject it in the event of a lawsuit.

Burofax model termination of rental contract due to the need of the

The writing of this burofax that is offered below, is only done for an exclusively informative purpose, remembering that it is a general model that must be adapted to each assumption and situation. To see the template model you can click here - clic aquí

If you want to read more about the resolution of these contracts by necessity, CLICK HERE.- PINCHA AQUÍ.

The big question: is it better to reform or move to a new home?

Families grow, needs change, and housing preferences evolve, all the more so in today's circumstances. preferencias en lo que respecta a la vivienda evolucionan, that time comes, it is normal for the question to arise between renovating or moving. The decision is complicated and will always depend on both personal circumstances and the real estate market.

Reformar o mudarse: cuestiones clave

One of the first aspects that should always be assessed is whether, after a reform, the home will meet these new expectations. Sometimes, with a new distribution you can get that extra space for the office or one more room. But it will not always be possible. Being realistic with the possibilities of the property is important.

Secondly, financing must be taken into account. Whether the decision is to reform   move, accounts will have to be made. A work, especially if it is large, involves an outlay of significant money for the work itself and for the licenses and taxes that must be paid.

On the other side of the scale, the possibility of applying for subsidies will have to be assessed. The different administrations periodically launch rehabilitation aid plans that can be a small relief when facing the  la reforma and that should not be dismissed.

When it comes to buying a new house, of course, it involves a higher expense. But in this case, we must not forget that the sale of the home will already offer a good financial cushion to face the new purchase. An added bonus is that prices have been contained in recent months, although the real estate market is beginning to recover quickly.nueva compra.

When it comes to deciding whether it is better to renovate or move, in addition, we must not forget that a new home will allow us to have everything that is needed to create a true home: more meters, a terrace or garden, common areas, etc. And it will not always be necessary to seek financing. In areas with less demand (expanding neighborhoods or on the outskirts) prices are more adjusted. It is a possibility that must always be put on the table.

Analyzing the real estate market

The situation and evolution of the real estate market is the factor that can definitely tip the balance between renovating or moving. Expectations for the coming months are very optimistic, which is reflected in market prices.

With a reactivation in the sector that is reflected in rising prices, the first impulse will be to reform. However, this upward evolution also benefits in case of choosing to change, since a greater benefit will be obtained from the sale of the current property.

The advice is to carefully analyze the market situation and the investment or financing possibilities. With Spainhouses you won't have any difficulty, in our statistics section you can check the evolution of housing prices by areas, cities and even neighbourhoods. You can thus calculate how much your home is worth and in which areas it is more profitable to invest in a new one.

If you finally decide to move, remember that we have already offered you tips for selling and buying a house at the same time. In addition, with our search engine and the possibility of publishing your home on our website, everything will be much simpler and faster.

Source: https://noticias.spainhouses.net/2021/12/la-great-question-is-better-reform-or-move-to-a-new-housing/#more-54113