Regulation on seasonal rentals in Catalonia

The Official Journal of the Catalan Government has published Decree-law 6/2024, of April 24, on urgent housing measures (the "Decree-law"), which will enter into force on April 26, 2024.  The Decree-law, which must be validated within 30 days, (i) introduces new developments concerning seasonal rentals and the rental of rooms, (ii) imposes new reporting obligations on leasing offers and agreements, (iii) modifies the sanctioning regime for non-compliance with leasing regulations, and (iv) grants a new right of pre-emption and first refusal to the Catalan Government for the sale of housing located in strained housing market areas.

Seasonal rentals

The Decree-law establishes that rental agreements entered into on a seasonal basis for professional, work or study purposes; for medical assistance or health care; on a temporary basis while lessees are awaiting the delivery of a house or to return to their primary residence—or other similar circumstances—are subject to leasing rules on the calculation and increase in housing agreements, rent increases due to refurbishing, the payment of general and individual expenses, as well as the guarantee provided under Act 29/1994, of November 24, on urban leasing. This means that seasonal rentals, regardless of their length, will be subject, among others, to the rental restrictions applicable to housing located in strained housing market areas. In contrast, the rental of housing for leisure, vacation or recreational purposes will be subject to the regulations on lease agreements for use other than housing.

Rental of rooms

The Decree-law also sets limits on the price of room rentals, providing that if the property is located in a strained housing market area, the sum of the agreed rents cannot exceed the maximum rent amount applicable to the lease per unit of the residential property.

New reporting obligations on leasing offers and agreements

It imposes certain reporting obligations on leasing offers, such as specifying the rental price resulting from applying the system of reference price indexes, the previous rental amount of the agreement in force during the last five years, and being qualified as a large property holder. These details must appear in the rental agreement.

Sanctioning regime for non-compliance with leasing regulations

The Decree-law modifies Act 18/2007, of December 28, on the right to housing, and now classifies as an offense the failure to comply with several leasing-related obligations. For example, it is considered an offense to charge a rent exceeding the maximum amount applicable for the rent of a housing property located in a strained housing market area. If the difference between these rent amounts is between 10% and 30%, the offense will be considered serious. It will be considered a minor offense if the difference does not exceed 10%.

New right of pre-emption and first refusal

Finally, the Decree-law provides that the transfer of housing properties located in strained housing market areas is subject to the right of pre-emption and first refusal of the Catalan Government if those properties belong to (i) a large property holder that is a legal entity and that is registered in the registry of large property holders, or (ii) a large property holder as defined under Act 12/2023, of May 24, on the right to housing.