Housing professionals in Europe. Special attention to the Spanish case

Purpose The European Commission has no jurisdiction to decide whether Member States should regulate real estate or housing professions or not. In EU terms, the term “regulation” is understood as the requirement of a specific academic qualification as a prerequisite for practicing the profession. Thus, it is each European country who decides whether or not to regulate professions linked to housing and real estate, such as real estate agents and property managers. These are precisely the two real estate or housing professions that are involved in private transactions and management. Real estate agents intervene in the pre-contractual or marketing phase of the process for accessing a home and property managers intervene in the residential phase, once people are permanently residing in the homes, they also interact with non-resident owners. This paper aims to analyse the differences between some European countries in terms of how these professions are regulated and what impact this regulation might have on the legal security of transactions, consumer protection and the right to access decent and adequate housing. Design/methodology/approach This paper studies both the regulation framework of these professions in some European countries, with a special focus on Spain, comparing it with Germany, which are similar in terms of their respective conveyancing services systems (both have a latin notary system) and Germany is also the European country that most invests in the Spanish real estate market. This could be interesting from the point of view of consumers in both countries. It also takes into account the position of the EU, to ascertain what European countries can and cannot do in terms of the regulation of real estate and housing professions. Findings This paper identifies the importance of having an adequate legal framework for the professions of real estate agents and property managers to ensure the satisfactory implementation of housing policies and to make access to decent and adequate housing, an effective right. Research limitations/implications This paper offers a general view of the regulations in some European countries that represent the four existing conveyancing systems (legal services associated with real estate and housing transactions). However, further research into each country would be necessary to precisely determine the limitations regarding real estate professions and the impact this has on housing policies. There are not many recent studies and references on the subject, especially at a European level. The only recently published European report on housing professionals is from The European Association of Real Estate Professions (CEPI, 2024). Originality/value Real estate agents and property managers might be the only professionals who offer their services to people who wish to access a home, whether through leasing or buying. This is why it is necessary to have an appropriate legal framework to regulate them and to provide minimum quality guarantees to consumers and users who receive their services when they are buying, renting or living in a home, as proposed in this paper. This paper offers for the first time a general overview of the situation of these professions in Europe and offers information to consumers concerning the training and regulation of these professionals in different countries.