We talk about the right of use and the right of room. In particular, we do not ask, what is a right of use and what is a right of habitation?

We briefly expose the regulation of the right of use according to the Civil Code of Catalonia. 

  • The right of use empowers to own and use someone else's property in the manner agreed upon. In the absence of an agreement, sufficiently to meet the needs of the user and those of those who live with him. 

If the right falls on a dwelling the use extends to the entirety of this. It includes the dependencies and the attached rights. 

  • The right to room legally it only refers to housing. It can only be owned by natural persons. It includes the right to occupy the dependencies and annexes indicated in the constitution title. In the absence of this indication, those that are necessary to meet the housing needs of the owners and the people who live with them. EVEN when the number of these increases after the incorporation. 

Both rights -use and habitation- can be constituted for consideration. That is, in exchange for a consideration, or, free of charge. That is, without consideration, for the mere liberality of the holder of those rights. 

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