¿Existe un derecho subjetivo a la vivienda en el Derecho Español?

Abstract

The article critically analyzes the new regulatory context of housing rights in Spain, with special attention to Law 12/2023. The text examines whether this law effectively establishes a subjective right to housing, concluding that it does not directly configure such a right. The study highlights the law's approach to real estate property, emphasizing its statutory conception and the focus on the social function of housing. The analysis delves into the basic conditions established by the norm and its relationship with constitutional duties linked to housing. The study proposes an innovative perspective on how Spanish legislation understands and regulates the right to housing, questioning the actual scope of legal guarantees and emphasizing structural and social aspects of housing property, without configuring a direct individual subjective right.