The Right to housing is guaranteed in the Spanish constitution (1978). Article 47 provides that one of the guiding principles of social and economic policy is the right of Spanish citizens to decent and adequate housing. Article 50 refers particularly to rights of citizens of older age, including access to housing.

In terms of the Council of Europe, Spain has signed but not yet ratified the Revised European Social Charter of 1996 nor signed or ratified the Additional Protocol of 1995 providing for a System of Collective Complaints. . The latter means that Spain cannot be brought into court for failing to implement the measures required to comply with Article 31 of the Revised Charter through the collective complaint mechanism. 


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Additionally, the Articles 148 and 149 state that each of the established Autonomous Communities and two Autonomous Cities assume exclusive jurisdiction for housing, in their respective Autonomous Statutes Organization Acts, without prejudice to the exclusive jurisdiction of the State for the basis for and coordination of the general planning of economic activity and for the basis for regulations concerning credit.

While land management, urban planning and housing come exclusively within the powers of every autonomous community, in some specific cases the articles related to housing rights are further developed (i.e. the Organic Law 6/2006 of the 19th July, on the Reform of the Statute of Autonomy of Catalonia, the Organic Law 2/2007 of the 19th March, on the Reform of the Statute of Autonomy of Andalusia, the Organic Law 1/2007 of the 28th February, on the Reform of the Statute of Autonomy of the Balearic Islands, Organic Law 1/2006 of the 10th April, on the Reform of the Organic Law 5/1982, Statute of Autonomy of the Valencian Community, Organic Law 5/2007 of the 20th April, on the Reform of the Statute of Autonomy of Aragon, Organic Law 14/2007 of 30th November, on the Reform of the Statute of Autonomy of Castile-Leon).

In respect to the implementation of housing rights, the relevant national laws are the following: the Royal Decree 2066/2008 of 12 December, the State Housing Plan and Rehabilitation (2009-2012); the Act No. 29/1994 of 24 November 1994 on tenancy in urban areas; the 1989 Spanish Civil Code; the Decree No. 2114/1968 of 24 July 1968 adopting the regulations on officially subsidized housing; the Act No. 57/1968 of 27 July 1968 on the receipt of early payments for the construction and sale of housing - partially amended by Act No. 38/1999 of 5 November 1999 on building regulations; the Forced Expropriation Act of 16 December 1954 and the implementing Regulations of 26 April 1957; and the Mortgage Act of 8 February 1946 and the implementing Regulations of 14 February 1947.


For more information on specific legislation of municipalities, provinces and Autonomous Communities see the Article by ProHabitatge

 

 

Subject: 
Right to dignity
Right to housing
Country: