Consideraciones jurídico-privadas en torno al acceso a la vivienda en la Ley por el derecho a la vivienda

Abstract

This study presents an approach to the treatment of the right of access to housing in Spain, especially after the financial crisis of 2008. It begins with the consideration of how housing has been at the center of the two most recent crisis of 2008 and the one caused by the SARS-Cov-2 virus in 2020) and the legislative measures adopted to facilitate access to it. Moreover, it addresses the complexity of legislative competencies in housing matters, highlighting the Conflict betwwen the State and the Autonomous Communities (CCAA). In this analysis of the challenges posed by access to housing, the difficulty of obtaining affordable housing, especially in urban areas, is emphasized, and aspects such as the right to the city and the needs of particularly vulnerable people (economically or due to age or disability) are considered. The Study discusses the goodness of the responses to these challenges given by Law 12/2023, of May 24, por el derecho a la vivienda. In particular, it questions that a subjective right to housing has not been configured, and detail aspects of Law 12/2023 linked to its private legal content, in particular, the rules on pre-contractual information in the purchase and leasing of housing, as well as the regulation in matters of urban leases that require regulatory development or collaboration of the CCAA for its application.