The distribution of powers in matters of housing between the State and the Autonomous Communities

Abstract

The competence in housing matters corresponds to the Autonomous Communities according to article 148.1.3 of the Spanish Constitution. That is the reason why the processing of a State Bill for the right to housing has given rise to a debate about whether the State should be given some margin to legislate in this matter. If the legal system is analyzed, it can be noted that, together with the regional regulations that have regulated different aspects that affect housing (subsidized housing, land and urban planning, among others), there are state regulations that regulate other aspects of housing ( ownership and financing of its acquisition, condominium property, leasing, tax regulations, procedural regulations, consumer protection) or the same issues that have been regulated by regional regulations but with qualitatively different regulations (basic legislation on land versus regional regulations on developing). Consequently, the question is not so much to recognize that the State is competent to legislate on housing matters because it is, but what must be done is to delimit the scope of said competence. It is not easy to specify how far the State can legitimately go without encroaching on the competence of the Autonomous Communities; For this, in this study, the numerous resolutions of the Constitutional Court that have been issued are taken as a reference, which help to outline which aspects related to housing can be regulated by state regulations and which cannot.