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Spain unclear how it will legally cancel golden visa scheme

Spain's government still isn't sure how it will cancel its golden visa scheme through property investment two months after the announcement, with ministers hoping they can slip the amendment through parliament in an unrelated bill.

Spain unclear how it will legally cancel golden visa scheme
Spanish Housing Minister Isabel Rodríguez is attempting to legally cancel the property-based golden visa scheme. Photo: AFP/La Moncloa

In April of this year, Spain’s socialist government announced it would be scrapping its property-based golden visa, a scheme that grants non-EU nationals residency in Spain when they buy real estate worth €500,000.

However, it’s finding it difficult how to actually legally approve this move and pass it through parliament.

It’s worth noting that the visa is still available for those who invest €1 million in shares in Spanish companies, or €2 million in government bonds, or who have transferred €1 million to a Spanish bank account, but it will no longer be available for those who want to buy property. 

READ ALSO: When will Spain’s golden visa scheme officially end?

The Spanish government had initially agreed that the cancellation of this visa through property investment would be included in the land law, known as the ‘Ley del Suelo’ in Spanish, but it was withdrawn from the agenda in parliament as it did not have the necessary support to move forward.

The Ley del Suelo regulates the use and valuation of land, establishing a legal framework for urban development that balances both private interests and collective well-being.

Essentially the golden visa was just going to be a small part of regulating this law, but because it was withdrawn in anticipation of another parliamentary defeat for the Socialists, the intention now, according to sources from the Ministry of Housing headed by Isabel Rodríguez, is to ‘slip in’ this amendment to one of the other laws currently being processed in parliament. 

It’s not unusual for Spanish ministers to add an enmienda (amendment) to a bill that has nothing or little to do with the crux of the law being processed.

Only last May, Pedro Sánchez’s party added an amendment which eased the requirements for decrees to be approved to the Gender Parity Law, which focuses more on equal pay and work rights between men and women.

READ ALSO: Chinese investors rush to buy properties before Spain’s golden visa ends

To accelerate the elimination of the property-based golden visa, Rodríguez’s team are now assessing various regulations being processed in parliament, with special attention paid to those that have more guarantees of being approved by opposition MPs.

READ ALSO – Spain’s soon-to-end golden visa: Can I still apply and what if I have it already?

Spain’s golden visa has long been controversial, with many blaming it for adding to the housing crisis. Junior coalition partner Sumar’s spokesperson, Íñigo Errejón said back in May that these visas are a privilege that must be scrapped “immediately”.

He said that they have an inflationary effect on the housing market, adding that other countries such as Ireland, Portugal and Greece have already taken similar measures in order to not become “tourist colonies” or “money laundering” locations.

According to data from the Ministry of Housing and Urban Agenda, between 2016 and January 2024, 10,528 ‘golden visas’ were granted in Spain. This figure rises to 14,576 if those granted between 2013 and 2023 are taken into account.

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Spain considers banning tourist lets in residential buildings

The Spanish government has announced it's studying the possibility of prohibiting tourist apartments in residential buildings where property owners live.

Spain considers banning tourist lets in residential buildings

The Minister of Housing and Urban Agenda, Isabel Rodríguez, announced this Tuesday that the Government is studying a reform of the Horizontal Property Law in order to allow property owners to prohibit tourist apartments in their residential buildings.

In Spain, each building has what’s known as a community of neighbours, referred to La Comunidad or Comunidad de Vecinos in Spanish, and essentially the Spanish government is considering giving them veto power over tourist apartments in their buildings.

READ ALSO: ‘La comunidad’: What property owners in Spain need to know about homeowners’ associations

The announcement was stated in an interview on Telecinco, in which Rodríguez stated that this move comes as a consequence of recent supreme court rulings on tourist apartments in Oviedo in Asturias and San Sebastián in the Basque Country.

In the rulings, the magistrates concluded that the rental of housing for tourist use is an economic activity, and agreed that communities of owners in two separate buildings could ban tourist rentals in several apartments.  

“It will be the neighbourhood communities that will also be able to participate in these types of decisions, because this phenomenon, which is not exclusive to our country, affects the entire world and the main capitals in Europe,” explained the minister.

READ ALSO – UPDATE: Which cities in Spain have new restrictions on tourist rentals?

Recently, Rodríguez has criticised that the proliferation of tourist apartments causes problems for locals, that it stops them from being able to access decent housing and raises the price of rentals.

She praised the regions which have taken steps to try and put a stop to this and gave the recent example of Barcelona City Council, which announced last Friday that it would eliminate all tourist apartments by the end of 2028.

She believes this move in Barcelona “will benefit citizens who want to live in their city, who do not want it to be a theme park and who prioritise the right to access housing over economic interests”.

Spain’s Horizontal Property Law , which was modified once in 2019, already states that it “requires a favourable vote of three-fifths of the total number of owners who, in turn, represent three-fifths of the participation quotas”. This means that already owners have a big say in whether tourist licences can be granted to apartments in their buildings.

However, the particular wording of the law has been the subject of much legal controversy and judicial interpretation. The reason is because the wording of the law only mentions the possibility for communities to “limit or condition” tourist use, but they do not have the power to “prohibit” since the law does not expressly say so.

Several regions have their own rulings through regional courts, but this new announcement aims to make it universal across the board in Spain and ensure that there’s no room for misinterpretation.

Rodríguez is set to meet this afternoon with the governing board of the Spanish Federation of Municipalities and Provinces (FEMP) and the Housing and Tourism Commissions to address this matter and come to a decision. 

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