Right to property versus right to housing

Abstract

This paper analyzes the relationship and potential conflict between the right to property and the right to housing, two fundamental principles in modern legal systems. It examines the historical evolution of the harmonization of both rights, as well as the differences in their structure and level of legal protection, with special attention to the unique Spanish case, characterized by a high percentage of homeowners compared to renters.

It highlights the tensions that can arise when the protection of private property clashes with the need to guarantee access to decent housing, especially in contexts of social inequality and a housing crisis. This paper focuses on the contribution of homeowners to the satisfaction of the right to housing for the most disadvantaged, both through taxation and through the impact on the price paid for their homes of the urban planning charges borne by the developer, including the transfer of land for social housing. This work is conducted from a critical perspective, seeking legal solutions that harmonize private property with social interest. In conclusion, the text suggests the need to adopt public policies and regulatory frameworks that allow for a fair coexistence between both rights, guaranteeing the social function of property without undermining the legal security of owners.