Under the government’s proposal, owners of vacant homes in a residential setting have 100 days to use or rent them out before starting the forced lease process.
In a proposal released by the executive on Friday, section 15 provides that “property for residential use classified as vacant” under the law “may be subject to compulsory lease by municipalities for subsequent sublease under public housing programs.”
According to the text, the municipalities must submit a lease offer to the owner of an empty house who is afraid of 10 days to respond, according to the proposed law for the “Mais Habitação” program, published on Friday evening in the “website” www.consultalex.gov.pt.
After 90 days have elapsed, and if the owner refuses or does not respond and the property remains vacant, municipalities can then proceed with “compulsory leasing of the property under the conditions stipulated” by the Legal Regime of Urbanization and Building (RJUE). “with the necessary modifications.”
The government proposal does not consider as vacant, as already announced, “second homes, homes for emigrants or homes for persons displaced for professional, educational or medical reasons”, or those in which “duly authorized persons work or associate during certain periods “. for them, or pending lawsuits that prevent this use.
According to Article 15, if the property is uninhabitable, “municipalities may forcibly carry out works necessary to correct poor safety or health conditions, as well as living conditions.”
It is envisaged, according to the proposal, that “reimbursement [seja] carried out at the expense of the rent due.
The Department of Housing stipulates in the diploma that “forced leases” are “preferably carried out in properties that meet habitability conditions that permit their immediate lease.”
Forced tenancy has been one of the most controversial aspects of the housing package introduced by the Government, with various parties on the right and homeowners’ associations criticizing the measure as unconstitutional for alleged infringement of property rights.
Other exceptions are properties that are “purchased for resale by individuals or businesses” or “are part of a tourist resort or registered as a local accommodation business,” according to the text.
The “More Housing” program provides, among other measures, the allocation of more land for housing development, incentives for private construction or tax incentives for owners when placing houses on the rental market.
Measures to stimulate the rental market and streamline and encourage construction include the abolition of golden visas, government replacement of the tenant and payment of rent for three months of non-compliance, obligation to offer flat-rate mortgages by banks, or capital gains exemption for families who sell houses to pay off their mortgage.
The measures of the Mais Habitação program will cost approximately 900 million euros and will be discussed with the public until 10 March.
Author: Portuguese
Source: CM Jornal

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