• Renewal applications submitted until June 2013 will be accepted.
  • Fomento will send a letter to all the autonomous communities informing them of a "change of criteria in the interpretation" of the regulations.
  • Some 300,000 families receive aid of between 1,100 and 1,300 euros a year to cover financial expenses of their mortgage.
Viviendas VPO

Stock image of a few officially protected housing (VPO). ARCHIVE

Following the recommendation of the Ombudsman and before the judicial rulings that have ruled against the decision of the Ministry of Public Works not to grant new aid for the loans for protected housing , nor to renew those that existed, the Government has had to rectify.

So finally the Executive will accept applications for renewal of subsidized loans for protected housing that were submitted until June of last year . This is admitted in response to the Deputy of the Plural Left (IU-ICV-CHA) Chesi Yuste, who in a parliamentary question criticized the decision of the Executive.

Promotion rectified after the recommendation of the Ombudsman and the contrary court judgments It is estimated that at least 300,000 families receive aid of between 1,100 and 1,300 euros per year to cover financial expenses of their mortgage. The subsidized loans are a State aid contemplated in the different housing plans that, prior agreement with the financial entities, discharged the payment of interest for the purchase or rehabilitation fee of the officially protected housing, provided that certain levels are met of maximum family income.

The Ombudsman had recommended that the Government review the interpretative criterion with which the Decree Law on Promoting Competitiveness was being applied, which in Article 35 stipulated that from July 15, 2012, subsidies for loan subsidies would be eliminated. included in the 2009-12 Housing Plan. The Ministry indicated in the interpretative criteria of the decree that it sent to the autonomous communities that had to deny the extensions of aid that were being collected regardless of the plan to which they belonged.

Subsequently, in June 2013, the Government approved the Rent Promotion Law, in which it insists on not admitting new acknowledgments of aid but it does maintain those that were already being received and those that were recognized before the decree law, as long as will be formalized in a maximum of two months.

Therefore, the Ombudsman asked the Executive to pay the aid pending between July 14, 2012 and June 4, 2013, and to give instructions to the autonomous communities to review ex officio all applications that had been denied between these dates.

The Executive rectifies

Although at first the Government assured that there would be no change in this regard, in the response to Yuste recognizes that "in the coming days" will send a letter to all the autonomous communities informing them of a "change of criteria in the interpretation" of the regulations and the steps to follow "in the different cases that have been generated".

Suppress subsidized loans already granted was contrary to the Constitution This decision is derived from the report that the Ministry requested the State Legal Service on "the provenance or not" of change in the application of the regulations as a result of the first judgments of the courts of Justice, contrary to Development . The first one took place in September 2013 in Castellón, where a court ruled that a woman sued the Administration for denying her the renewal of housing assistance by applying a different regulation to the one that existed when she was granted by first time.

In fact, that was also what the PSOE alleged in the appeal of unconstitutionality that in September of last year presented before the Constitutional Court (TC) against the Law of Promotion of Rent, arguing that suppress subsidized loans for purchase or rehabilitation of protected housing already granted in previous housing plans is contrary to the Magna Carta because of its retroactive effect.

In any case, in the new report requested from the State Legal Services, the General Counsel recognizes that "there are reasons that advise the revision of the change of criteria applied by the Ministry of Public Works". Before this report and the judicial rulings, the Government recognizes that the Ministry directed by Ana Pastor has "decided to adopt the change of criteria in said precept".

"It was unconstitutional"

The lawyer of the association Protected Housing Yes and representative of the Coordinator of Platforms of State Affected, Ángel de Sancha, welcomes the decision of Development although it was already expected, before the different judgments that are rejecting the possibility of refusing the renewal of aid to people who were granted with those requirements.

And it is that for those affected the decision of the Executive to cancel these aids "retroactively" is "unconstitutional" , as they have let Soledad Becerril and all their regional counterparts know. In fact, recalls De Sancha, Castilla y León and Extremadura -both governed by the PP- "have already officially revoked all denials."