The Catalan government, the Generalitat, has announced it will revise a proposed law aimed at curbing speculative housing purchases after receiving a critical report from the Consell de Garanties Estatutàries. The advisory body, which reviews the legality of proposed legislation, concluded that the bill in its current form conflicts with several constitutional rights, including the right to private property, inheritance, and freedom of enterprise. While the report is not legally binding, the government has signaled its intent to adjust the proposal to ensure it aligns with legal standards while still pursuing its goal of protecting housing access.
The legislation, championed by the Comuns and supported by the governing Socialist party, sought to empower municipalities in "stressed" residential areas to restrict property acquisitions that are not intended for primary residence or long-term affordable rental. By targeting speculative activity, the government aimed to increase the supply of available homes for residents. However, the Consell de Garanties highlighted that the law's broad restrictions could disproportionately impact property owners and potentially exceed the regional government's legal authority.
Beyond the core content, the advisory body also criticized the government's use of a "single reading" procedure to fast-track the bill through parliament. This process, which limits debate and public participation, was deemed to have excluded key local government entities, further complicating the bill's path to approval. The government now faces the challenge of balancing its political commitment to housing reform with the need to craft a legally sound policy that can withstand constitutional scrutiny.
As the parliamentary session pauses for the summer, the Generalitat is expected to resume negotiations in the coming months. The outcome remains uncertain, as the government must now find a way to address the legal concerns raised by the Consell de Garanties without losing the support of its political allies. For the public, the delay means that the proposed restrictions on speculative buying will not take effect immediately, leaving the future of the housing market policy in a state of transition.