12. The Construction of European Housing Markets through European Private Law

This chapter highlights the constitutive role of European private law (EPL) in the construction of housing sectors in Europe. It identifies the different layers of housing regulation in the EU, broadly understood, while focusing on the EU law that affects housing relations in three dimensions: access to housing, adequacy of housing, and protection from evictions. It will become clear that EU law permeates all these dimensions to different degrees and always with a focus on building and fostering the internal market. This goal is achieved through the prohibition of market barriers, transparency requirements for contracts, and enforcement that respects the procedural rights of consumers. At the same time, EU law neglects social concerns related to the quality and affordability of housing, as well as material protection from eviction. The chapter raises questions about the role of EPL in the political economy of housing, in which housing is increasingly privatised, commodified, and financialised.