María J. Aldanas Project Officer, FEANTSA

Actions to convert empty housing into

social housing stock

Spanish context

HOUSING THE HOMELESS • Social Housing should be main long-term solution (less than 2%) • Socializing the Private rental sector: Rental Mediation Schemes

EMPTY HOUSING • 3.4 million empty homes (INE Census 2011) • 10.8% increase in a decade

REPOSSESSIONS/ EVICTIONS • Around 500,000 (CGPJ and INE Sep 2014) since 2007. • Second quarter of 2014: 21,178 foreclosures

Housing Policies and Housing Rights

• State Housing plans. Housing policies mainly regional policy: 17 regional governments. • Policies don’t target those unable to obtain housing on the private market • Art.47. Constitution: right to housing, Art 33. Social function

Spain

• Right to Housing Act (Law 18/ 2007). Policies to bring empty housing into the market (Art. 42)

• Municipalities: Fines to the banks holding unused housing

• Regional Government Bill on empty dwelling.

Catalonia

• Law that regulates the right to housing in Andalusia (Law 1/ 2010)

• Law social function of housing: fines to financial institutions, temporal expropriation of repossessed housing

• Interruption of application while decision at Constitutional Court

Andalusia

Legal Responses to Repossessions

Code of Good Practice for banks (2012)

Alternatives to eviction: debt rescheduling and remission and

‘Assets received in lieu of payment/payment in kind (dación

en pago)’

Voluntary for banks, limited access for mortgage debtors

Protection of Mortgage Debtors and Restructuring of

Mortgage Debt and Social Rental Act” (2013)

Measures to alleviate the problem for families (limited

access)

Reforms of the mortgage procedure

Social Housing Fund: 6000 dwellings offered by the banks

to mortgage debtors whose properties were repossessed.

Informal Strategies: Social Movements

• Demand affordable rental housing

• Negotiate with institutions

Repossessions

• Banks

• SAREB

Empty Housing

•“recuperation” of housing stock

•public aid in favor of financial institutions

Occupying the

buildings

Anti-Eviction Platform

Occupation of housing belonging to financial institutions

Livable conditions

Negotiate and present economic arguments

Offer people a standard lease (rent according to economic situation).

Occupied building in Salt, Girona

The European Court of Human Rights delayed the eviction of the block of flats; the Government had to gather information about the social situation of the families (children).

Empty Housing in Catalonia

Right to Housing Act (2007)

• Right to housing Act included the possibility to fine banks that have empty housing in Catalonia

Municipalities Sanctions to the banks: Terrassa and others

‘Moción municipal’ Anti-eviction platform

Regional Government Bill: fines to companies with unused housing for more that 2 years

. Government agreements with the banks

. SAREB agreement to transfer 600 units of their stock to the regional government

. Mobilization of social platforms

Empty Housing in Andalusia

Government of Andalusia

passed a decree (then validated as

a law)

Force banks and

developers to rent out their

stock:

Threat of fines of up to

9000 €

Temporary expropriation

of homes being

repossessed to be let to families at

risk

Suspension of the

application of this piece of legislation

deemed anti-constitutional by the central government

Community Housing

Usually homes are basically bought or rented by a single

individual or household. However, the notion of community

in the area of housing is coming back.

Some types of Alternative housing:

Cooperatives ‘transfer of the right to use’

Housing in exchange for rehabilitation “masoveria”

Community land trusts. CLT Brussels

Solidarity housing. Intergenerational Housing (older people

sharing with young or other people in need).

Other?

Thanks! Hope you found it interesting…

Maria J. Aldanas

Project Officer

Feantsa

maria.jose.aldanas@feantsa.org