The Constitutional Court (TC) has confirmed that the sale of protected housing for rent does not require authorization from the Autonomous Communities.
Sentence published in the BOE, the TC rejects the positive conflict of competition promoted by the Community with respect to Royal Decree 14/2008, dated January 11, amending Royal Decree 801/2005, of 1 July, approving The state plan 2005-2008 to favor the access of citizens to housing.
The original wording obliged to obtain the previous authorization in the conditions fixed by the Autonomous Community or city with statute of autonomy. But the amendment of the Decree exempted from this authorization, something that was opposed by the regional government to have exclusive competence in housing.
According to the judgment of the TC, “the State has thus exercised its normative powers in this matter in a certain sense: to improve its functionality, avoiding the obstacles that result from the diversity of possible conditions imposed by seventeen Autonomous Communities and two cities with autonomy status As well as to replace the authorization by the previous notification “.
It adds that “state regulation leaves a margin for the Autonomous Communities to develop control and management of the sale of protected housing for rent which, in accordance with the constitutional doctrine previously set forth, is in accordance with the parameter of constitutionality set in the STC 13/1992, FJ 8 (b), and with the possibilities of State intervention in housing matters established by STC 152/1988. “
