Government aims to unlock undivided inheritances: a single heir can initiate the process
The government has approved new regulations to resolve undivided inheritances, aiming to boost housing supply and enhance fire prevention efforts.

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The government has approved new regulations to resolve undivided inheritances, aiming to boost housing supply and enhance fire prevention efforts.

A proposed measure in a housing-supply package due for a parliamentary vote this Friday would make the absence of a required licence a ground for invalidating property sales. Analytically, the change could introduce significant legal uncertainty for buyers, sellers, lenders and conveyancers, risk delaying transactions and cooling market activity unless clear transitional rules and enforcement guidance are set out. Stakeholders will be watching for details on compliance requirements, liability allocation and any safeguards to avoid unintended disruption to the housing market.

The Government has submitted a legislative proposal to parliament allowing a single heir, a spouse married under community of property, or an executor to initiate the judicial sale of real estate from undivided inheritances. This measure aims to address properties that have remained undivided for over two years due to a lack of agreement among heirs, as part of a broader legislative package to increase housing supply. The process includes judicial oversight, expert property valuations, and electronic auctions to ensure transparency, while granting heirs the right of redemption to keep the property within the family. Additionally, the proposal introduces reforms to the Civil Code, including the role of an executor with powers of partition and new rules for the administration of inheritances to reduce litigation and facilitate the distribution of assets.

The Executive is preparing amendments to the tenancy law to speed up evictions in cases of non-compliance and also wants to unblock undivided inheritances. The goal is to increase the housing supply.
