Individual liability action in the context of the so-called phoenix companies
Ruling 51/2024 of the Barcelona Provincial Court of 27 February 2024 has extended the applicability of the individual liability action, recognising that the injury to
Its main objective is to provide the Autonomous Communities and City Councils with the most homogeneous regulation possible to promote an affordable housing market for the entire population.
This is the first law that legislates, and therefore regulates, the right to decent housing in our country.
Among the novelties we can highlight
• Modification of the concept o f large real estate holder, which is decreased from 10 properties to 5.
• As from 2024 the maximum indicator for updating the rent will not be the IPC but a fixed rate of 3%.
• Real estate expenses become the obligation of the lessor.
• Extension of the declaration of stressed areas and regulation of the price of rents in these areas.
• More taxes for empty houses.
• In return, there will be income tax credits for small holders in stressed areas, ranging from 50% to 90%.
• Tax advantages for those renting at reduced prices
• Urban land is made available to municipal and regional governments for the construction of social housing.
In addition, through this new Law, the percentage of land destined for subsidiz ed housing (VPO) is increased. At present, 30% of the developable land is destined for this type of housing, which is now 40%, while the unconsolidated urban land is increased from 10% to 20%.
With respect to stressed areas, these are areas where the price of rent has increased significantly over th e rest of the territory. In order to be considered a s it , and therefore, to regulate the price of rent, one of these conditions must be met: (i) the price of rents must have increased by more than 3% of the IPC value of the last 5 years or (ii) the average price of housing must represent at least 30% of the average income of the area
The law has been submitted to the Senate and will enter into force once it is published in the BOE.
Ruling 51/2024 of the Barcelona Provincial Court of 27 February 2024 has extended the applicability of the individual liability action, recognising that the injury to
The appointment of a voluntary auditor of a company may be made by the general meeting or by the management body, before or after the
The Supreme Court considers that the remuneration received by the directors is deductible, even if not provided for in the articles of association. In the