The regulation of pre-emptive real estate rights as a tool for public intervention in homes real estate market

its effects on constitutional protection of property rights and its consecuences on public notary and land registry functions (Constitutional Court Judgement 8/2023, of February 22th)

Abstract

This paper provides a commentary on STC 8/2023 that goes beyond the specific case to which the judgement refers and delves into the legal configuration of public rights of first refusal and pre-emptive rights as limitations on private property rights that aim to fulfill the social function of property in terms of promoting the right to a decent home. To this end, it examinates the nature, structure and content of the regulated rights in rem, and the effects or their application with respect to the constitutional requirements of protection to the right of private property, with special consideration of those produced on the notarial formalization of the transfers and their registration in the Land Registry.