Government allows temporary retention of existing tenancies in first‑home guarantee scheme

The government has amended the decree that regulates the guarantee program for accessing a first home, correcting a drafting error while introducing a notable change. The amendment opens the possibility that a dwelling purchased under the scheme may already be rented to a third party.

Under the original text, joining the program meant the property could not be rented, in whole or in part, during the first seven years after the guarantee was formalized; breaching that restriction would automatically cancel the guarantee and the government’s obligation to pay related interest and reimbursements. There was already a provision allowing exceptions for unforeseen circumstances to be examined by the Technical Housing Commission.

The new edict adds a second paragraph to article 9, which governs limitations on disposal. It establishes an additional exception: if the property is already let to a third party, the existing tenancy may be maintained. Applicants must prove the prior contract when applying to the program.

This temporary arrangement is limited to a maximum of 24 months. After that period, at the latest, the buyer must recover possession of the property and occupy it as their habitual and permanent residence. From that moment the seven-year restriction on re-letting becomes effective.

The government describes the change as a correction of an omission in the original decree; in practice it introduces a formal, time-limited allowance for purchases involving existing tenancies.