NEWS: NEW DECREE LAW 6/2020 RIGHT OF SCORING AND WITHDRAWAL IN FAVOR OF THE GENERALITAT25 Aug 2020 Back
DECREE LAW 6/2020 RIGHT OF SCORING AND RETRACT IN FAVOR OF THE GENERALITAT IF YOU BUY A HOUSE WITH THE FOLLOWING CHARACTERISTICS FROM THE YEAR 2005, AND YOU WANT TO SELL IT, YOU SHOULD READ THIS NOTICE ABOUT THE NEW DECREE LAW OF THE GENERALITAT VALENCIANA.
REMINDER: The rights of first refusal and withdrawal are preferential acquisition rights. These rights allow its owner will acquire a property in preference to any other person who is interested in acquiring it and always under the same conditions offered (price, payment method, etc.).
The trial and error may occur before the transfer of the property is carried out, while the retraction may be exercised afterwards, leaving the operation without effect.
The Generalitat, through the Ministry responsible for housing, is the holder of the rights of first refusal and withdrawal -with some exceptions- regarding:
1. Public protection housing when its protection regime provides for it, that is:
a) In the case of privately developed protected homes, all qualifying homes are subject to trial and retract after the entry into force of Law 8/2004, of October 20, on Housing in the Valencian Community. The second and successive transmissions must be notified to the corresponding territorial housing service depending on the province where it is located.
b) In the case of publicly promoted protected homes, all homes whose protection regime foresees the aforementioned rights in their regulatory regulations or in formalized acquisition contracts are subject to trial and error. The second and successive transfers must be notified to the Valencian Housing and Land Entity (EVha).
2. Certain free dwellings when there are a series of requirements related to their transmission operations (* the so-called cases of singular transmissions) In order for the rights of first refusal and withdrawal to arise in these transmissions, it is necessary that they be carried out with respect to homes located in the Areas of Housing Need (ANHA). Temporarily, until the approval of the corresponding Catalog, it will be applied to the municipalities included in Annexes I and II of the Decree Law. In particular, the following operations are considered to be singular transmissions (art. 10 of Decree Law 6/2020, of June 5, of the Consell):
1.The transmissions of homes that have been acquired through dation in payment of mortgage debt.
2. Transmissions of homes that have been acquired in a judicial foreclosure process or in an extrajudicial sale procedure.
3. Transmissions of residential buildings, with a minimum of five dwellings, when a percentage equal to or greater than 80% of said building is transmitted.
4. Transmissions of 10 or more homes and their annexes.
In these last two cases, the rights of first refusal and withdrawal apply even if the transfer is made through the sale of shares or corporate holdings of companies whose corporate purpose is linked to real estate activity.
The notification must be made to the territorial housing services.
Note: while a specific form and telematic procedure is not available, it can be done using a general application form and procedure Z of general application for initiation and processing of procedures of the Second Vice Presidency and Ministry of Housing and Bioclimatic Architecture.
The notification of the transmission must contain the information provided for in article 11 (in relation to article 2) of Decree Law 6/2020:
a) Data of the owner or owners of the house object of transmission.
b) Identification data of the home and, where appropriate, its annexes, including the state of loads and state of occupation.
c) Price of the transmission and projected form of payment, unless the transmission is free.
d) Data of the person interested in the acquisition. Likewise, it will be indicated if the person interested in the acquisition is in any situation of vulnerability.
e) Any other essential condition of the transmission.
The notification of the above circumstances must be accompanied by the corresponding supporting documents and signed by both the transferring party and the acquiring party.
If you want to know more about this decree law, we leave you the link to the Valencian Generalitat website where you can have more information about it.https://www.gva.es/es/inicio/procedimientos?id_proc=2731&version=amp