Legislature of the Autonomous City of Buenos Aires
Considering: That the same favor the strengthening of the policy of access to housing that is being carried out both from the Government of the Autonomous City of Buenos Aires and from the National Government for the neighbors of the City. As well as having implemented multiple initiatives related to the mortgage market, it is also considered necessary to move forward with improvements in the conditions of access and permanence to the market of locations for housing. According to data from the Annual Survey of Households of the General Directorate of Statistics and Censuses of the Ministry of Finance of the Autonomous City of Buenos Aires, 35.7% of the real estate for housing in the Autonomous City of Buenos Aires Are occupied by locational links, which means that more than one million people are tenants at the local level. That this entails the challenge of finding new ways of articulating the situation of rents for housing, and of guaranteeing the development of conditions that allow an increasing number of residents of the City to access a formal rental. That it is incumbent upon the City Legislature to regulate the framework of action of the Real Estate Brokers, a power exercised, for example, in the enactment of law 2,340, a standard created by the Unique School of Real Estate Brokers in the City of Buenos Aires. That when signing a contract, the sum of the concepts that the tenants must pay creates a barrier of access, in some cases impassable, for part of the neighbors of the City. That these projects seek to give the possibility to them, to be able to make the leap towards a better quality of life, with greater predictability, and above all things with clear rules in relation to the housing they inhabit. That in order to reduce the monetary burden that the tenants have to face at the beginning of the tenancy link, it is proposed that it is mandatory and unavoidable compliance for all those enrolled in the Single School of Real Estate Brokers the prohibition of requiring and / or receiving real estate commissions And / or fees for the intermediation to tenants, sub-shareholders and / or continuators of the location. Prohibition that in the same line, extends to the possible costs of administration of said locations.
That Law 1,251 of the C.A.B.A. Establishes the main objective of the Housing Institute of the City, placing it as the head of housing policies within the framework of Article 31 of our local Constitution, inasmuch as it proposes the incorporation in its creation rule of specific faculties related to the subject Locative-housing. For the above, this General Legislation Commission recommends the following law:
Replace paragraph 2 of article 11 of Law 2340 (consolidated text according to Law No. 5666), which will be written as follows: Perceive fees for the activity performed and commissions of its principal according to the remuneration they freely agree. In the case of leases of immovable property in which the tenant is a natural person, the maximum amount of the commission to be collected will be the equivalent of four with fifteen hundredths (4.15%) of the total value of the respective contract , By the landlord.-
Incorporate as item 7 to article 13 of Law 2340 (consolidated text According to Law No. 5666) “Prohibitions”
– The following text: In the leases of real estate with a destination in which the tenant is a natural person, it is expressly prohibited to require and / or receive, through any form of payment, real estate commissions and / or fees for brokerage or brokerage to Tenants, sub-shareholders and / or continuators of the location. The prohibition extends to the fees for administration of said locations.-
Replace the following text with paragraph 2 of article 10 of Law 2340 (consolidated text according to Law No. 5666) to be drafted as follows: Request reports to the official bodies on the conditions of dominance, liens and inhibitions, regarding the Operation entrusted and the intervening parties, making them available to them. The costs of managing these reports may not be required of tenants of real estate for housing purposes.
The following text shall be included as subsection 8 of article 10 of Law 2340 (consolidated text according to Law No. 5666): To state in any advertising offer of rental of real estate with a housing destination that is issued via websites, own or third parties, the Next caption:
“For housing rental cases, the maximum commission amount that can be
Require the owners will be the equivalent of four with fifteen hundredths percent (4.15%) of the total value of the respective contract. It is prohibited to charge real estate commissions and reporting costs to tenants, in the case ofBe physical persons. ”
Incorporate as subsection 9 of article 10 of Law 2340 (consolidated text according to Law 5666) Display in all premises and / or offices in which real estate brokerage services are rendered posters visible to the public with
The following legend: “It is found
It is forbidden to charge real estate commissions and reporting expenses to tenants, in the case of being natural persons. For housing rental cases, the maximum amount of commission that may be required from the owners will be the equivalent of four with fifteen hundredths (4.15%) of the total value of the
Respective contract “.
Derive article 54 of Law 2340 (consolidated text according to Law No. 5666) .-
Incorporate as paragraph i) of article 4 of Law 1251 (consolidated text according to Law No. 5666) the following text: To exercise control of compliance with local laws that regulate aspects related to the locative-housing matter.-
Law No. 3,588 is hereby repealed.
Communicate Room of the General Legislation Commission, August 16, 2017.