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Barcelona Fines Landlords Who Let Buildings Sit Empty

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Re: Barcelona Fines Landlords Who Let Buildings Sit Empty

#242
In Amsterdam, any property that has been empty for over a year can be legally squatted, and once in, legal squatters may be hard to get out. For this reason, landlords tend to rent out their empty properties cheaply as "anti-kraak" (anti-squat), on the condition that the tenant moves out when the landlord needs the property again. This is quite popular for students because you often get a ridiculous amount of space for very little money, though it may come with excessive restrictions.

Amsterdam has (or used to have, perhaps) a pretty healthy squatting culture. Many squatters are ideologically driven and improve the neighbourhoods they're squatting in.

Re: Barcelona Fines Landlords Who Let Buildings Sit Empty

#243

I'm curious about the legal grounds for such a tax or fine. If local zoning already governs what may be built or operated on a property, what principle allows a government to levy fines for lack of use of a property that has been built and maintained to the required zoning? (if to all other requirements, the property is not derelict, in poor condition, a blight or public nuisance?) I didn't think that you could be co…

I suppose if local zoning laws require a property to be used for residential purposes then not using it for residential purposes would be breaking the law.

Leaving a property empty to wait for price appreciation is clearly not residential use.

Re: Barcelona Fines Landlords Who Let Buildings Sit Empty

#244
How do you prove a building is empty?

"Do you have a lease contract?" Easy to get a lot of $1 contracts...

"Did you use water / electricity?" Easy to leave a faucet running or set up bitcoin miners.

If you go on word of mouth? What about false positives -- I travel for work and keep an apartment in one city and my house in another. Would that be a problem?

I don't know how to penalize empty apartments in a way that isn't really easy to game, or unjustly fair for people who don't just live in one place.

Re: Barcelona Fines Landlords Who Let Buildings Sit Empty

#245
post #242

In Amsterdam, any property that has been empty for over a year can be legally squatted, and once in, legal squatters may be hard to get out. For this reason, landlords tend to rent out their empty properties cheaply as "anti-kraak" (anti-squat), on the condition that the tenant moves out when the landlord needs the property again. This is quite popular for students because you often get a ridiculous amount of space f…

Its "had" isnt it? Squatting was made illegal in 2010 if i recall correctly.

Re: Barcelona Fines Landlords Who Let Buildings Sit Empty

#246
post #242

In Amsterdam, any property that has been empty for over a year can be legally squatted, and once in, legal squatters may be hard to get out. For this reason, landlords tend to rent out their empty properties cheaply as "anti-kraak" (anti-squat), on the condition that the tenant moves out when the landlord needs the property again. This is quite popular for students because you often get a ridiculous amount of space f…

not anymore, squatting has been prohibited in the Netherlands for a couple of years now.

Re: Barcelona Fines Landlords Who Let Buildings Sit Empty

#247
post #242

In Amsterdam, any property that has been empty for over a year can be legally squatted, and once in, legal squatters may be hard to get out. For this reason, landlords tend to rent out their empty properties cheaply as "anti-kraak" (anti-squat), on the condition that the tenant moves out when the landlord needs the property again. This is quite popular for students because you often get a ridiculous amount of space f…

[deleted]

Re: Barcelona Fines Landlords Who Let Buildings Sit Empty

#248
post #235

I'm curious about the legal grounds for such a tax or fine. If local zoning already governs what may be built or operated on a property, what principle allows a government to levy fines for lack of use of a property that has been built and maintained to the required zoning? (if to all other requirements, the property is not derelict, in poor condition, a blight or public nuisance?) I didn't think that you could be co…

Can only state the case for Germany, here, the constitution explicitly states that "Ownership entails responsibilities" and that ownership is not absolute but subject to greater good considerations. If someone would implement a law or rule like the one in Barcelona (or probably Vancouver) in Germany, it would probably be based on such a consideration. IANAL, mind.

Article 33.3 of the Spanish Constitution:

"3. Nadie podrá ser privado de sus bienes y derechos sino por causa justificada de utilidad pública o interés social, mediante la correspondiente indemnización y de conformidad con lo dispuesto por las leyes."

"No one shall be deprived of their goods and rights but for a justified reason of public utility or social interest, with fitting compensation and conforming to applicable laws".

It's the exact same: social interest and public utility are enshrined in the constitution for the exercise of eminent property.

Re: Barcelona Fines Landlords Who Let Buildings Sit Empty

#249
post #242

In Amsterdam, any property that has been empty for over a year can be legally squatted, and once in, legal squatters may be hard to get out. For this reason, landlords tend to rent out their empty properties cheaply as "anti-kraak" (anti-squat), on the condition that the tenant moves out when the landlord needs the property again. This is quite popular for students because you often get a ridiculous amount of space f…

>> Many squatters are ideologically driven and improve the neighbourhoods they're squatting in.

How did you quantify the improvement?

Re: Barcelona Fines Landlords Who Let Buildings Sit Empty

#250
post #242

In Amsterdam, any property that has been empty for over a year can be legally squatted, and once in, legal squatters may be hard to get out. For this reason, landlords tend to rent out their empty properties cheaply as "anti-kraak" (anti-squat), on the condition that the tenant moves out when the landlord needs the property again. This is quite popular for students because you often get a ridiculous amount of space f…

Its "had" isnt it? Squatting was made illegal in 2010 if i recall correctly.

Municipalities can still kind of "allow" it on case by case basis. Nation wide legal basis (loop hole) is gone now indeed.
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