Mandatory registry of large property holders and new rights of pre-emption and refusal

On February 27, 2025, Decree-Law 2/2025, of February 25, adopting urgent housing and urban planning measures (Decree-Law 2/2025) came into force, extending the (i) regulated entities that must register in the Registry of Large Property Holders, and (ii) cases for rights of pre-emption and rights of refusal of the Catalan regional government. 

New Registry of Large Property Holders

Decree-Law 2/2025 extends the scope of subjectivity of the Registry of Large Property Holders. From entry into force of Decree-Law 2/2025, in addition to legal entities that are large property holders having to register in this registry, as established in article 5 of Act 24/2015, of July 29, adopting urgent measures to address the urgent housing and energy poverty situation [1] individuals and legal entities considered large property holders under article 3.k) Act 12/2023, of May 24, on the right to housing [2] (Large Property Holders) must register.

Although the terms for registration in this registry are pending regulatory development, Large Property Holders must notify the Catalan Housing Agency when they become Large Property Holders as soon as they meet the corresponding requirements.

New rights of pre-emption and first refusal

Decree-Law 2/2025 extends the rights of pre-emption and first refusal of the Catalan regional government to the following cases: (i) the transfer of any housing property owned by a Large Property Holder that is located in a strained housing market area, unless they are new builds to be transferred to individuals for their own use; and (ii) the awarding of housing properties stemming from an administrative or court auction. These two cases are added to the cases of transfer of housing properties acquired in mortgage foreclosure processes or through compensation of payment of debt with mortgage guarantee, which existed before entry into force of Decree-Law 2/2025.

Housing acquired through exercise of the rights of pre-emption and first refusal will have to be classified permanently as subsidized public housing.

The Catalan government’s preferential acquisition right will affect the first transfers and the subsequent transfers taking place during the validity of Decree-Law 2/2025. 

Until the Registry of Large Property Holders is developed, legal entities wanting to transfer housing located in a strained housing market area must prove the number of housing properties owned at the time of granting the sales deed by submitting a registry certificate.