Social function of property and the right to housing

Abstract

The main purpose of the article is to highlight the appeal to a conception of the social function of the right to property, with special reference to the right of ownership over housing, which makes it possible to convert proprietary ownership into practically nominal ownership, and, in this way, open the way for the public authorities to transfer the obligations imposed by the Spanish Constitution on citizens who own housing by virtue of being homeowners. This makes it difficult for property and the market to fulfill their function, excuses the absence of social spending on housing and explains the serious crisis of housing affordability for increasingly large sectors of the population.