On 10 October 2023, the Government Council approved the Decree that governs the requirements, conditions and procedures for recognising the Subjective Right to Housing. What does this Decree entail?

The Subjective Right to Housing sets the Basque Country's housing policy apart from others following the approval of the 2015 Act, as it guarantees that all citizens will be able to access rented social housing or, failing that, financial support to pay rent on the open market. It is arguably the most socially and economically far-reaching regulation to implement the aforementioned Act.

With this decree, the Basque Country's two main welfare benefits for housing are converging. In practice this means that the Supplementary Housing Benefit, which was previously linked to the income support scheme (RGI) and therefore controlled by the Department of Labour and Employment, now falls under the responsibility of the Department of Housing, where we already manage the Housing Benefit that is associated with the Subjective Right.

The aim is to ensure that no person with access to the social protection system sees their rights adversely affected by the change to the housing system and that the groups whose subjective rights are recognised within the housing system are seamlessly added to the groups with different socio-economic needs who were entitled to benefits for rented accommodation within the social system under the income support scheme.

The new Decree introduces a number of substantial changes for people who can avail themselves of this right. What do these changes mean in practice?

There are significant changes in various areas.

In terms of income, new amounts have been set, increasing by 4,000 and 5,000 euros per year depending on the income bracket, bringing them into line with the amounts established in the Law on the Basque Income Support and Inclusion System. Specifically, under the new Decree, individuals who can show that their annual income does not exceed the following thresholds are deemed to be at risk of social exclusion, without the need for any assessment report:

13,000 euros per year, weighted for single people; 17,000 euros per year, weighted for two-person households; And 19,000 euros per year, weighted for households with three or more people.

These amounts will be updated in the future by order of the Minister, always in line with the income support scheme.

With regard to the amount of time a person remains on the Register of Applicants for Subsidised Housing, another significant change has been made, as it has been reduced from four to three years.

Furthermore, it states that the subjective right is retained for as long as the circumstances that led to it being recognised apply, such that when subsidised housing or accommodation is allocated, it does not mean that the right is extinguished. This provision also applies to housing benefit, meaning that it is no longer necessary to apply to extend the supplementary housing benefit that is awarded under the income support scheme every two years.

The decree sets out the specifics regarding the subjective right of people who are on the Register of Applicants for Subsidised Housing and Subsidised Accommodation and the procedure for allocating such housing. Most notably, when subsidised housing or accommodation is allocated to people with a subjective right of access, they will not be removed from the Register of Applicants for Subsidised Housing and Subsidised Accommodation, although they will be ineligible to be allocated further housing or accommodation for as long as they occupy it.

Does this Decree cover housing benefit?

Yes, in fact, the Decree governs housing benefit. This is the benefit received, on a supplementary basis, by people with a subjective right of access who are living in rented accommodation until they are allocated subsidised housing or accommodation. It is incompatible with any other benefit, aid or grant that may be awarded by the public authorities to cover the same permanent housing need. The maximum amount is 300 euros per month, which will be updated by order of the Minister.

What future challenges will this new Decree pose for the Department?

With the approval of this Decree, we are once again strengthening social protection with regard to housing in the Basque Country, with new groups being granted the subjective right to access housing and the income thresholds being widened to reach more people.

In this respect, the Basque Country has set a very high standard and is paving the way for the rest of Spain, as this subjective right does not exist anywhere else and the most that is offered are benefits for rented accommodation that are subject to restrictions.

A very long process is coming to an end and we are entering a phase that will see the Housing Department's administrative role and budget take on a new dimension in the near future. And clearly, we are facing a huge challenge to provide a response and a solution for the tens of thousands of people and households impacted by our public measures.

Further information

https://www.euskadi.eus/noticia/2023/aprobado-decreto-que-regula-derecho-subjetivo-vivienda-euskadi-consejo-gobierno-10-10-2023/web01-ejeduki/es/