2 January 2026 · Amaia Forcada
The reform of seasonal and room rentals in Catalonia | Approval of the Law 11/2025, of 29 December, on measures relating to housing and urban planning
The reform of seasonal and room rentals in Catalonia | Approval of the Law 11/2025, of 29 December, on measures relating to housing and urban planning
2 January, 2026
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Real Estate
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Amaia Forcada
The Parliament of Catalonia has passed Law 11/2025, of 29 December, on measures relating to housing and urban planning, which was published in the Official Gazette of the Government of Catalonia on 31 December 2025 and entered into force on 1 January 2026.
The Preamble to the law recognises access to housing as a fundamental right and states that the housing problem requires the adoption of measures to ensure its effective guarantee.
In the field of housing, the law amends the following legal texts:
1. Law 18/2007, of 28 December, on the right to housing;
2. Decree Law 1/2015, of 24 March, on extraordinary and urgent measures for the mobilisation of dwellings resulting from mortgage foreclosure proceedings;
3. Decree Law 17/2019, of 23 December, on urgent measures to improve access to housing; and
4. Law 11/2022, of 29 December, on the urban, environmental and social improvement of neighbourhoods and towns.
Indeed, it is established that many of the measures adopted were necessary in order to adapt the Catalan Law on the right to housing (Law 18/2007) to State Law 12/2023, of 24 May, on the right to housing, with the aim of “putting an end to the deficiencies or inadequacies of the housing market and promoting a balance between housing supply and the need for habitual residence in municipalities declared as stressed residential market areas”. Particular emphasis is placed on the fact that “measures are established to reinforce legal certainty and the effectiveness of the Administration’s powers to directly mobilise dwellings owned by large property holders, in order to guarantee families access to decent and adequate housing”.
Below is an analysis of the most relevant amendments and new developments introduced by the reform in the field of housing.
Equal treatment of residential lease agreements regardless of their duration
If a lease agreement is intended to satisfy housing needs, it shall be considered a permanent residential lease regardless of its duration.
This is undoubtedly one of the most significant measures of the reform, since, as will be explained below, seasonal leases located in stressed residential market areas are subject to limitations on the maximum rental price.
Leases intended for recreational, tourist or holiday seasonal use
Leases intended for recreational, tourist or holiday seasonal use (summer or any other season) are not considered permanent residential leases. However, in such contracts, the intended use must be expressly stated and duly evidenced before the Catalan Land Institute (Institut Català del Sol also known as INCASOL) together with the deposit of the security deposit. In addition, the tenant’s permanent place of residence must be stated.
Although in practice many such contracts already specified this purpose and, in some cases, also included the address of the tenant’s habitual residence, a mere declaration will no longer suffice, and documentary evidence will be required.
In any event, these leases shall be governed by the rules applicable to leases for uses other than housing, that is, by the agreement of the parties and, failing that, by the provisions of Title III of Law 29/1994, of 24 November, on Urban Leases (also known as LAU), and subsidiarily by the Civil Code, with the exception of Articles 36 (security deposit) and 37 (formalisation of the lease) of the LAU, which apply mandatorily.
Temporarily agreed residential leases
In residential leases entered into on a temporary basis for professional reasons, studies, medical care or assistance, situations awaiting delivery of a dwelling, return to the habitual residence, or other analogous uses that are not unrelated to the satisfaction of housing needs—commonly known as “seasonal rentals”—the following rules on residential leases shall apply:
1. Security deposits (Article 36 of the LAU): The tenant shall be required to provide a security deposit equivalent to one month’s rent, and the landlord shall not be entitled to update the deposit during the minimum mandatory term of the contract (5 or 7 years, as applicable).
2. Additional guarantees (Article 36 of the LAU): In addition to the security deposit, any type of guarantee for the fulfilment of the tenant’s obligations may be agreed, although in contracts with a duration of up to 5 or 7 years, such guarantees may not exceed two months’ rent.
3. Determination and updating of rent (Articles 17 and 18 of the LAU): In stressed residential market areas, the rent agreed at the start of the contract may not exceed the last rent applicable under a lease that was in force during the previous five years for the same dwelling, once the annual update clause has been applied. Furthermore, in such areas, where the owner qualifies as a large property holder under Law 12/2023, the rent may not exceed the maximum price limit applicable under the State Reference System for Residential Rental Prices.
4. Rent increases for improvements and allocation of general expenses and individual services (Articles 19 and 20 of the LAU): After 5 or 7 years, as applicable, the rent may be increased if improvement works have been carried out, and expenses such as property tax (IBI), waste collection tax or Community of Owners’ fees may be passed on.
These rules shall also apply to residential lease agreements in which a specific duration is established but no temporary purpose is stated.
As with leases for recreational, tourist or holiday use, temporary residential leases must expressly state the purpose of the contract and provide documentary evidence thereof, which must be deposited with INCASOL together with the security deposit.
It is particularly important to note that the lease is presumed to be intended for permanent residential use if no use other than housing is duly evidenced in the relevant registry—INCASOL in this case.
In the event of an extension of a temporary lease due to duly evidenced reasons, if the tenant has not expressly evidenced the temporary cause and their residence elsewhere, the contract shall be deemed subject to the legislation governing permanent residential leases and its legal regime shall apply, including the minimum statutory duration (5 or 7 years, depending on whether the landlord is a natural or legal person), as well as the extension regime, calculated from the date on which the initial contract was executed.
If the contract is not extended but a new contract is entered into with the same tenant and for the same dwelling, the new contract shall also be subject to the rules applicable to permanent residential leases, unless the landlord duly evidences the continuation of the circumstances giving rise to the temporary housing need.
Room rental agreements
A new article, Article 66 ter, is added to Law 18/2007, regulating room rental agreements.
A room rental agreement is defined as “a contract whereby the landlord undertakes to grant the tenant exclusive use of a room and the right to use other rooms or common areas of the dwelling in exchange for a price”.
Such leases must comply with the standards for surface area per person and the maximum occupancy threshold specified in the certificate of habitability.
It is also established that room rentals, or any other form of physical or contractual fragmentation, do not alter the nature of the lease as a residential lease, nor do they prevent the application of the rules governing residential leases.
As one of the most significant measures introduced by this reform, it is provided that the total rent agreed under several simultaneous lease agreements for the same property located in a stressed residential market area may not exceed the maximum rent applicable to a single residential lease.
For example, in a three-bedroom property owned by a large property holder in the city of Barcelona, with a maximum monthly rent of €1,300, the sum of the rents for the three rooms must be equal to or less than €1,300 and may not exceed that amount under any circumstances (therefore, if the rooms have the same surface area, the maximum monthly price per room would be €433.33).
Until now, room rentals could avoid rent limitations, both the cap based on the updated rent of the previous contract if the dwelling had been rented in the previous five years, and the limit established by the State Reference System for Residential Rental Prices. With the approval of this law, the Government of Catalonia aims to curb the prices of such rentals as well, which, according to official data, have increased significantly in recent years.
Register of large property holders and communication to the Catalan Housing Agency (Agència de l’Habitatge de Catalunya)
Law 11/2025 amends Additional Provision Twenty-Six of Law 18/2007 to specify the regulatory development required to enable the operation of the Register of Large Property Holders. The Preamble makes it clear that this measure is currently a priority in order to identify dwellings that public administrations may mobilise.
In this context, the obligation to register in the Register of Large Property Holders is maintained for legal entities qualifying as large property holders under Article 5 of Law 24/2015, and for persons qualifying as large property holders under Article 3.k of Law 12/2023 (both natural and legal persons), once the register becomes operational.
Until such time, the obligation to notify the Catalan Housing Agency (Agència de l’Habitatge de Catalunya) of such status and of the number of dwellings owned remains in force.
Transfers of dwellings by legal entities in stressed residential market areas
Until the Register of Large Property Holders becomes operational, legal entities transferring dwellings located in stressed residential market areas must declare whether or not they qualify as large property holders.
If they declare that they do not qualify as such, they must provide a land registry certificate evidencing the number of dwellings they own at the time the sale is executed, together with, where applicable, documentation demonstrating that the data in the certificate are not up to date or are inaccurate.
The declaration, certificate and accompanying documentation must be attached to the public deed of sale.
Previously, all legal entities wishing to transfer dwellings in stressed residential market areas were required to attach a land registry certificate stating the number of dwellings they owned to the deed of sale, regardless of whether they qualified as large property holders. Following the reform introduced by Law 11/2025, this obligation now applies only to legal entities that expressly declare in the deed that they do not qualify as large property holders.
Right of first refusal and redemption in favour of the Government of Catalonia
In addition to cases involving the transfer of dwellings acquired after 9 April 2008 through mortgage foreclosure proceedings or by offsetting or payment of mortgage-secured debt, the Government of Catalonia shall have a right of first refusal and redemption in the following cases:
However, there are two exceptions to this rule:
a) Where the dwelling is newly built and is transferred within one year from the issuance of the certificate of habitability.
In fact, property development companies whose sole stock consists of newly built dwellings intended exclusively for transfer to third parties are not required to register such dwellings, nor the company itself, in the Register of Vacant Dwellings and Dwellings Occupied without Legal Title, nor in the Register of Large Property Holders, provided that the relevant requirements are met and until one year has elapsed since the dwellings obtained their certificate of habitability.
b) Where the transferred dwelling is newly built or has undergone major refurbishment, provided that the transfer takes place within one year from the issuance of the certificate of habitability, or where the transfer takes place between companies within the same corporate group having the same corporate purpose or carrying out similar real estate activities, provided that it is the first transfer of a new development.
Previously, Decree Law 1/2015 only exempted transfers of newly built dwellings made to natural persons for their own use from the right of first refusal and redemption set out in the first section. Law 11/2025 broadens this exception and subjects it to more specific requirements.
This provision remains unchanged from the previous wording of Decree Law 1/2015.
In any of these transfers, the Government of Catalonia shall not exercise the right of first refusal provided that the following requirements are met:
1. The purchaser is a natural person registered in the Register of Applicants for Subsidised Housing;
2. That person undertakes to apply for the classification of the dwelling as general-regime subsidised housing or an equivalent existing category, on a permanent basis, within one month from the date of acquisition; and
3. That person undertakes to use the acquired dwelling as their habitual and permanent residence for a minimum period of 10 years from the date of acquisition.
Failure to comply with the requirements set out in points 2 and 3 shall result in the exercise of the right of redemption by the Government of Catalonia.
This general exception applicable to all cases giving rise to the right of first refusal and redemption in favour of the Government of Catalonia under Decree Law 1/2015 was already included in the previous wording and has not been amended.
The Preamble to Law 11/2025 justifies these changes “in order to promote the existence of a sufficient and adequate supply of housing that responds to existing demand and allows for market balance, while ensuring transparency and the proper functioning of this market”.
Regime applicable to dwellings acquired through the exercise of the right of first refusal or redemption
Dwellings acquired through the exercise of the right of first refusal or redemption by the Government of Catalonia must be permanently classified as general-regime subsidised housing or an equivalent existing category, even if they exceed the maximum prices established for the relevant type of subsidised housing.
The maximum price of such dwellings in subsequent transfers shall be the price stated in the public deed of acquisition, increased by the variation in the Consumer Price Index (CPI), calculated on the basis of annual averages for the whole of Spain between the year of classification and the year in which the contract is formalised. This rule shall also apply to dwellings exempted from the right of first refusal and redemption in favour of the Government of Catalonia, in accordance with the provisions of section 3(h) of Article 2 of Decree Law 1/2015.
Duration of the measures established by Decree Law 1/2015
The exercise of the right of first refusal and redemption in favour of the Government of Catalonia, as well as the compulsory execution of works necessary to meet habitability requirements established on a temporary basis and regulated by Decree Law 1/2015, is extended from 12 to 24 years from its entry into force.
Accordingly, these measures shall remain in force until 27 March 2039 (prior to the reform, they were limited until 27 March 2027).
Housing Lease Contract Supervision Commission
Law 11/2025 creates the Housing Lease Contract Supervision Commission (Comissió de Supervisió de Contractes d’Arrendament d’Habitatge) as a collaborative body involving the departments responsible for housing, consumer affairs and tourism. It shall be composed of representatives of those departments appointed by the Government, and its purpose is to ensure the protection of consumer rights and balance in housing contractual relationships.
In particular, the Commission shall coordinate, supervise and monitor digital platforms, real estate portals and other channels for advertising rental housing and tourist-use housing, and shall also supervise, coordinate and ensure compliance with regulations governing residential lease contracts.
In addition, technical staff of the competent public administrations expressly entrusted with housing inspection tasks are granted the status of law enforcement agents, and their functions are regulated.
Regime applicable to security deposits deposited with INCASOL
Paragraph one of Article 7 of Law 13/1996, of 29 July, on the registration and deposit of security deposits for urban property lease contracts and amending Law 24/1991 on housing, is amended to establish that the Catalan Land Institute (INCASOL) must allocate the amounts of deposited security deposits to investments for the public construction of housing, especially rental developments and direct actions in historic centres or areas undergoing urban renewal.
The Catalan Land Institute (INCASOL) must also maintain available funds amounting to no less than 5% of these resources to guarantee the effective payment of cancellations and consequent refunds.
Finally, public administrations and public-law entities holding data and documents relating to urban property lease contracts, as well as those granting any aid or subsidy for the payment of rent, are required to communicate or transfer such data and documents contained in their files upon request by the competent administration for the purposes of inspection and sanctioning.
Subsidised housing
It is established that registration in the Register of Applicants for Subsidised Housing shall expire after two years, unless renewed prior to expiry by submitting a responsible declaration confirming continued compliance with the required conditions.
The procedure for allocating subsidised housing is also amended, giving priority to applicants with longer registration seniority, and establishing that failure to participate despite being registered shall result in removal from the register, unless it is demonstrated that the dwelling or the contractual conditions are not suitable for the household unit.
Furthermore, the maximum sale and rental prices applicable during the transition of the applicable legal regime are amended by modifying Transitional Provision Five bis of Decree Law 17/2019, in order to guarantee new developments and facilitate their financing.
Finally, it is established that where subsidised housing is located in a stressed residential market area, its classification shall remain in force for as long as the declaration of the stressed residential market area remains in effect.
Addition of new infringements to the sanctioning regime of the Catalan Housing Law
A new serious infringement is added to Article 124 of Law 18/2007, relating to the refusal to supply data to the Administration in connection with the Register of Vacant and Unlawfully Occupied Dwellings or the Register of Large Property Holders.
Applicability of the measures and entry into force
Law 11/2025 entered into force on 1 January 2026, following its publication in the Official Gazette of the Government of Catalonia on 31 December 2025.
All measures approved in relation to lease contracts, in the absence of any provision establishing retroactive application or a specific transitional regime, apply to contracts executed from the date the law entered into force.
The remaining measures, in the absence of any provision to the contrary, are applicable from 1 January 2026.
As can be seen, the measures approved by Law 11/2025 are highly significant and particularly affect seasonal and room rental agreements.
If you are affected by any of these measures or have questions regarding their application, please do not hesitate to contact us. At Mes Advocats, we have a team of experts in real estate law who can advise and support you in all matters you may require. Contact us through this link.
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Large property ownerHousing in CataloniaLaw 11/2025Seasonal rentalsPre-emption and redemption rights
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