Property right and rent control in Catalonia

Abstract

In the last few years we have witnessed a sustained worsening of access conditions to housing. This situation has caused the adoption of some measures in order to guarantee the right to adequate housing. Last September, Act 11/2020 was enacted by Catalan legislator. The main objective of the mentioned Act is to establish a rent control system in some areas of Catalonia.

The purpose of this study is to analyse the adequacy of the Catalan measure from a constitutional point of view. Thus, in this paper we will have the opportunity to examine whether rent control system affects the constitutional right of private property (article 33 of Spanish Constitution). Social function of property will play a special role in the proposed study.