Law 21/2011, from 15 December, on the modification of the law of urban property leases, of 30 June 1999 as the General Council in its session of December 15th, 2011 has approved the following: law 21/2011, from 15 December, on the modification of the law of urban property leases, of 30 June 1999 preamble the law of urban property leases , 30 June 1999, establishes in article 45, 55 and 62 that the update of the income from leases, if it is agreed, it is considering as a possible variation that has experienced the general retail price index of consumption during the previous calendar year.
In addition, paragraph 5 of article 25 of the same law, establishes the right of the lessor to review the legal minimum period has elapsed once income from the lease or its extensions, provided that you have communicated in writing to the tenant with a minimum of three months.
Both the law 31/2008 of 18 December, economic reactivation measures, such as the law 93/2010, of December 16, of measures for the promotion of the economic and social activity, and of rationalization and optimization of the resources of the Administration, established for the years 2009 and 2011, respectively, the suspension of the update of the review of the rent income.
However, the current situation of the Andorran economy and short-term prospects it offers, in addition, the international context, recommend keeping these measures for the year 2012, to continue avoiding situations of increasing the incomes of the leases in the next financial year, which is the main objective of this law.
At the same time, it is advisable to enable a mechanism that enables, once a year, if economic and social circumstances so require, the establishment of limitations to the update of the income of the urban property leases in a lower percentage to the variation of the general index of consumer prices, or the suspension of this update. This mechanism, which is built by the inclusion in the general budget Law, covers also the upward revisions of the leases.
This law is made up of a single article, which adds an additional provision in the law of urban property leases, of 30 June 1999, to enable the setting of the increase of the income of the leases in accordance with the law of the general budget; a transitory provision that suspends the update or the hotfix on the rise of rents of leasing for the year 2012 to the approval of the budget for the financial year 2013; and a final provision that establishes the entry into force on 1 January 2012.
Article only adds the third additional provision in the law of urban property leases, of 30 June 1999, with the following content: "Third however the provisions of this law, the law of general budget may establish limitations to the update of the income of the urban property leases, both for housing that are intended for the exercise of a trade , teaching, professional, industry or any other kind, and also of contracts of lease of lands for a use different from the agricultural exploitation, terracing or forestry, and leases of garages and parking spaces, at a lower percentage to the variation of the general index of consumer prices, which in no case may be less than 0, or the suspension of this update. Likewise, the budget Law may set limitations, or suspend, the upward revision of the incomes of those same leases. "
Transitional provision 1. Since the entry into force of this law until the entry into force of the law of the budget for the financial year 2013 remains on hold the update or the hotfix on the rise of income of all contracts of lease of urban properties, both for housing that are intended for the exercise of an activity of trade, industry, professional, educational or of any other kind , and also of contracts of lease of lands for a use different from the agricultural exploitation, forest or terracing. This suspension also applies to contracts of lease of garages and parking spaces.
2. Once the period mentioned and in the absence of any provision in the law of the budget for the financial year 2013, the update or the revision of income must be made applying, if necessary, the current consumer price index, without accumulating in any case the consumer price index for the period or periods suspended. "
Final provision this law shall enter into force on 1 January 2012.
Casa de la Vall, 15 of December of 2011 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
Nicolas Sarkozy Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra