Modification of the General Metropolitan Plan to establish a right of preferential acquisition in favor of the Barcelona city council in case of some specific real estate sales in Barcelona (officially published in the Diario Oficial de la Generalitat de Catalunya December 20^th 2018).

Into effect since December 20^th 2018.

Purpose of the modification: accordingly to the Catalan housing and urbanistic legislation, to establish a general right of preferential acquisition in favor of the Barcelona city council in these cases:

• Sale of entire multi-family buildings use primarily for housing purposes.
• Sale of any kind of plots without edifications in any category of land.
• Sale of plots with ruined or completely unoccupied edifications.
• Sale of unoccupied houses (residences) subject to the unoccupied houses tax legislation.
• Sale of participations in real estate companies should they be owners of any of the aforementioned.

According to the regulation, any aforementioned sale and its conditions has to be communicated to the city council before the same takes place, so the city council can decide (taking into account some criteria fixed in the regulation) to buy the real estate in the same conditions of the sale. The compliment of this obligation must be verified by the Property Register before inscribing any transmission. If the seller doesn’t comply with the obligation of information prior to the sale, the city council can undo the sale afterwards.

Period of affection: 6 years starting from December 20^th 2018, with the possibility of an extension for 6 years more.

The aim of this regulation is to comply with the goals fixed in local housing plans and social agendas, and avoid negative effects of gentrification and real estate speculation.

Finally, the regulation also establishes obligatory terms to build plots in case they are not established in the specific zone planning:

• 2 years, starting from the date of effect of the new regulation, in case of buildable plots (“solares” in Spanish).
• 3 years in case of not buildable plots, starting from the moment they become buildable plots (when the urbanization works are finished and delivered to the city council).

This obligation is fulfilled when the construction permit application is submitted (the maximum term to make the construction will be determined in the permit).

This modification can be challenged in court until February 20^th 2019.

Modification of the General Metropolitan Plan to create new levies on public housing (officially published in the Diario Oficial de la Generalitat de Catalunya December 14^th 2018).

Into effect since December 14^th 2018.

Purpose of the modification: impose a new obligation to hand over (to the city hall) a 30% of the potential buildability granted in the zone planning for housing uses (multi-familiar category), in order to create public housing.

This obligation is enforceable in case of plots allocated in most of the zones of the general city planning (i.e zones 12, 13, 15, 18, 20a/5, 20a/6, 20a/7, 20a/8, 20a/9, 20a/9b), provided that:

• The urban planning grants the plot a buildability of 600 square meters o more for multi-familiar housing;
• The owner wants to make a new building, increase the surface of an existing one (increase of 600 square meters o more), start rehabilitation works of an existing building (maintenance or reparation works not included).

This obligation is not due in case of buildable plots of land with remaining building term according to the urban planning, nor in case of buildings with grade A or B of architectonic protection and (in some cases) grade C of architectonic protection.

This obligation is not due in these cases:

• Building applications entered before December 14^th 2018.
• Building applications entered before December 14^th 2020, provided that the promoter bought the plot (in public document) between July 1^st 2016 and December 14^th 2018.
• Building applications entered before December 14^th 2020, provided that the promoter bought the plot (in public document) between January 1^st 2016 and June 30^th 2016 and presents an economic study (validated by the city hall) justifying that the compliance of the obligation turns the development economically inviable.

In the cases aforementioned, the obligation will get into force in December 14^th 2020, if the buildings granted by those permits are not executed.

This modification can be challenged in court until February 14^th 2019.

This note of information is only the opinion of its author intended for general information only. So, it cannot be considered as a piece of legal advice, nor legal assessment of any kind. Therefore, neither the author nor the firm will be responsible for the consequences or results of its use.