Recently, two decree laws that introduce significant changes to housing regulations in the Catalonian territory have been enacted by the autonomous government of the Generalitat de Catalonia. These decrees modify Law 18/2007, of the right to housing.

Decree Law 1/2025, introduces various measures that affect owners, both natural persons and legal persons, of rental properties. These are the main ones:

  1. Prohibition of indirect discrimination in access to housing

Article 45 of Law 18/2007 is modified to reinforce the prohibition of indirect discrimination with regards to housing. This discrimination is seen when “a regulatory provision, a plan, a conventional or contractual clause, an individual agreement, a unilateral decision, the simulation or fraud of the contract, an apparently neutral criterion or practice causes a particular disadvantage to a specific person in the exercise of the right to housing”. However, if the measure has an objective and reasonable justification, it will not be considered discrimination.

  1. Regulation of rental prices in stressed areas

Article 59 is modified to determine how rental prices are to be established in stressed residential market areas (“zonas de mercado residencial tensionado” which Law 12/2023 of the 24th of May describes as an area in which there is an imbalance between supply and demand for rental housing, resulting in sustained and steady price increases that make it difficult to access affordable housing), setting out that rent must be based on the rental price reference system approved by the Generalitat, or, if applicable, the previous rental agreement price.

  1. Greater transparency in rental offers

Article 61 is modified to make it obligatory to include in advertisements and rental contracts the following information as a minimum:

    • The previous rental price for the last five years, where appropriate.
    • The reference price if the housing is in a stressed area.
    • Whether the owner is a “gran tenedor” or major property holder (that is, someone who owns over five properties in stressed areas and over ten elsewhere).
    • Other data required by civil legislation.
  1. New obligations in rental contracts in stressed areas

Article 66 of law 18/2007 is modified to establish that in rental contracts for housing located in a stressed residential market area, officially classified as such, the following information must be included:

    • The previous rental price and the reference price.
    • If the owner is a “gran tenedor” or major property holder.
    • The purpose of the contract (long or short term).
    • Habitability and energy efficiency certificates.
    • Document accrediting the reference price obtained from the Generalitat’s public consultation.
  1. New sanctions for rental infractions

Articles 123 and 124 are modified to toughen sanctions against landlords who do not comply with rental regulations.

The following will be considered very serious infringements (sanctions of 90,001 euros to 900,000 euros):

    • Charging rent that is 30% more than is permitted.
    • Falsifying the purpose of the contract, pretending that it is short term when it is actually long term.
    • Charging property management or contract formalisation fees that are not permitted according to the regulations.

The following will be considered serious infringements (sanctions of 9,001 to 90,000 euros):

    • Charging rent that is more than is permitted, but with a difference that is less than 30%.
    • Not including the reference price or previous rental price in the contract.
    • Not indicating whether the owner is a “gran tenedor”.
  1. Greater control of publicity and rental housing offers 

Article 124 is modified to make it obligatory to include in rental advertisements the following:

    • The reference price and the price of the previous contract.
    • If the owner is a “gran tenedor” or major property holder.
  1. Prohibition of fraudulent contracts intended to circumvent the law.

A new sanction is added to the Catalonia Consumer Code (“Código de Consumo de Cataluña”) to avoid fraudulent short-term contracts. If the rental contract does not clearly specify if it is short term, then it will be presumed to be long term. On the other hand, if it is shown that the short-term contract was an excuse to not apply the rules applicable to long-term rental, then the landlord could be sanctioned.

On the other hand, Law Decree 2/2025 introduces measures that extend the right of first refusal and pre-emptive rights of the public administration, as well as creating a Registry for companies that are “grandes tenedoras” or major property holders.

  1. Creation of a Registry of “grandes tenedoras” of housing for legal entities

This Registry will be of an administrative nature and will depend on the Catalonia Housing Agency (“Agencia de Vivienda de Cataluña”). From the coming into force of this decree, “grandes tenedoras” or companies that are major property holders must inform the Housing Agency of the number of properties they own, although the official registration will be carried out once a specific regulation is approved for this registry.

  1. Right to first refusal and pre-emptive rights of the Administration

When a “gran tenedora” wants to sell a property in a stressed area, the Administration will have the right to first refusal. Furthermore, if the sale has already been carried out without this option being offered to the Administration, it will have a redemption right. 

This measure affects all housing that belongs to a “gran tenedora” registered in the Registry and is located in a stressed area. It does not affect newly constructed houses if they are sold to natural persons for their own use.

  1. Sale of housing in stressed areas before the entry into force of the regulation

During the period in which the regulation that regulates the Registry of “gran tenedoras” is yet to be approved, the legal persons that wish to sell a property in a stressed area must present a registration certificate (which must include a deed of sale) in which the number of properties it owns is accredited.

 

 

Oscar Vilá

Vilá Abogados

 

 

For more information, please contact:

va@vila.es

 

14th March 2025