The economic crisis and precarious housing have increased the occupation of properties, both homes and commercial premises. One of the most notable measures in protecting the rights of occupants has been the possibility of suspending evictions due to situations of vulnerability. However, the question arises as to whether this measure extends to business premises, whose occupation does not have the character of habitual residence.
The current legal framework in Spain establishes that suspending evictions due to social vulnerability is an extraordinary measure aimed at protecting individuals and families in situations of particularly precarious housing. This regulation, which has been subject to several extensions and modifications, focuses specifically on properties intended for housing. Royal Decree-Law 11/2020, of March 31, and its subsequent updates clarify that protection applies exclusively to homes and not to other properties such as commercial premises.
The legal distinction regarding the occupation of commercial premises is clear. The protection of housing as a fundamental space for family and personal life does not extend to commercial premises primarily used for economic activities, not as habitual residences. This means that a person occupying a commercial premises cannot use residential vulnerability as a reason to suspend the eviction.
In these cases, we will be faced with a precarious procedure (it is not a rental procedure – in the strict sense -) since we are faced with the occupation of premises or a property that is not a home, that is, it is treated by so to speak (and wrongly called) of an eviction procedure due to precariousness since the occupant lacks any title.
This criterion has been confirmed by various judicial resolutions that have highlighted that the regulations on suspending evictions due to vulnerability do not apply to commercial premises. The rulings indicate that the measure seeks to avoid housing homelessness and not the protection of commercial activities, although these may also be affected by adverse economic situations.
However, occupiers of commercial premises can explore other legal avenues to protect their rights. They can, for example, request preventive measures in the civil sphere or resort to negotiation mechanisms with the owners to reach agreements that allow them to continue their activity legally. In some cases, local administrations can support small businesses that are having difficulty. However, these measures do not have the same forcefulness or automatism as the suspension of evictions due to housing vulnerability.
Subsequent modifications that have expanded and extended these measures, such as those introduced by Royal Decree-Law 37/2020 of December 22 and Royal Decree-Law 16/2021 of August 3, also reaffirm this approach to protecting housing, emphasising that the vulnerability contemplated is strictly housing.
It’s important to reiterate that the current regulations in Spain do not permit the suspension of evictions due to vulnerability in the context of commercial premises. This safeguard is exclusively reserved for residential properties, underscoring the significance of housing as a fundamental right and distinguishing it from spaces designated for commercial activities.
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