The Superior Court of Justice of the Balearic Islands (TSJIB) rejected the appeal that a real estate company presented in 2021 against the expropriation for social rental of four properties it owned in Ibiza.
The Administrative Disputes Chamber agrees with the Government chaired by Francina Armengol and which ordered the compulsory transfer of these four properties following a figure provided for in the 2018 housing law for apartments unoccupied for more than two years and belonging to large ranges.
The TSJIB bases its decision, among other arguments, on the fact that it is proven that the Administration acted to alleviate the lack of access to housing without achieving the desired objectives, which is why the incorporation of more alternatives is necessary, according to what” is indicated in the sentence put forward by “Diario de Mallorca”.
The Chamber particularly focuses on the number of housing requests to which the Balearic Housing Institute (Ibavi) is unable to respond, with special mention to the case of Santa Eulària, where the expropriated properties are located.
The Court insists on the fact that the existence of the problem of access to housing which leads the Administration to promote the transfer figure “is not a simple conjecture”, but is supported by multiple objective data. “This situation, far from being on the verge of being resolved, is getting worse every day,” the text states.
“It seems difficult to deny that access to decent and affordable housing is one of the main problems facing a large part of the Balearic population. But, in addition, these data show a trend of worsening of the situation, therefore the decision to implement reaction measures such as that envisaged by Law 5/2018 can be considered justified,” he continues. .
In summary, the TSJIB considers that the real existence of an extraordinary situation is sufficient to explain the relevance of the decision adopted.
