On june 27, 2018, the new law of the house of the illes balears entered into force. We already talk about this draft of the law of the previous law and now, finally, the final text of the regulations has been published. Even this law regulates very interesting areas from a point of social view and is focused on the most disadvantaged, particularly taking into account the current situation on the islands, where many families cannot access to one house number. Deep in this matter but focus on the practical aspects that this law will imply on our day by day, as professionals in the area of real estate and planning.
1. The need to provide the housing certificate
The most important point that we must take into account from now, is that according to art. 16, “in any transfer for sale, rent or transfer of use, a copy of the valid housing certificate must be incorporated or, if not, the final classification. In case that neither the housing certificate or the classification are available, this must be specifically mentioned in the contract or writing. »
In addition, if you did not do it, you would consider a minor infringement (art. 86 l) and is subject to a fine of 60 to 3,000 euros (art. 90.1.A), even if this amount could be revised in the regulation which should be approved and that this law is developed. However, the fines can be raised up to 80% if the infringement is treated. It must also be mentioned that these breaches expire after two years from the day next to the infringement commission
2. The need for the rental guarantee deposit.
Even this bonus was already an obligation in accordance with our urban rental law, this obligation is now reinforced from the public section, as art. 55 establishs that “the people or entities that rent urban properties for use as housing, as well as other uses, must deposit in the department or organization that has carried out the negotiation, the bonus in cash, as provided by 1994, date 24 november of urban leases ». The quantities are the following:
1. One month of rent in housing rental contracts
2. Two months for rent in rental contracts for use different from housing.
Breach of this obligation implies a serious breach (art. 87.Aa) with a fine (according to art. 90.2.B) that will be “from 35% to 75% of the amount of the bonds or their updates not deposited, with a maximum of 9,000 euros ». As in the previous case, fine can be raised up to 80% if the infringement is treated. The expiration period will be four years, as a serious breach is considered.
In the sixth additional regulation it is specified that «the need of the deposit of securities regulated by this law is not applicable to the rental contracts signed before entry into force of this law, but is applicable to any review after after vigor mentioned. »
3. Administrative record and requirements of real estate agents.
The third additional regulation opens the doors to establish by law “the requirements to carry out the activity of real estate agents, as well as the obligations to be fulfilled to carry out the activity, to particulate the requirement of a firm document the professionals and the customers of the service. An administrative record should be established with the object of the register of agents or agencies. »
4 other matters to take into account
A penalty will also be applied if the construction book is not available or the corresponding construction assessment report, as well as the inclusion of abusive clauses in the purchase / sale or rental contracts (this is a serious breach, subject to a multiple 3,001 to 30,000 euros)
To examine this matter, we will have to wait for the public administrations to practice the regulation that will develop the law, as well as all this new regulation. However, do not hesitate to contact us, because as specialized lawyers in planning matters in mallorca and ibiza, we are continuously updating the information and we wish to help all professionals or clients who are interested in knowing a little regulations.
