The social function of home ownership and regional regulations

Abstract

Need for housing with the number of uninhabited properties in our country, has caused the Autonomous Communities, in the exercise of their competence in matters of housing, to have approved in recent years regulations that, under the protection of the social function of ownership, limit this right to previously unknown levels. For this reason, it is necessary to determine whether the solutions adopted may suppose such a restriction that they involve, rather than the formation of the property right, the alteration of its substance until it becomes a different right. We are going to analyze in this work the regional regulations and the pronouncements of the Constitutional Court on them, in order to determine the aforementioned point.