News for large landlords in Catalonia

25 June, 2025
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Real Estate
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Amaia Forcada


Decree‑Law 2/2025, of 25 February, by which urgent measures are adopted in housing and urban planning, which came into force on 26 February 2025, has imposed a series of new obligations for those owners who have the condition of large landlords in Catalonia.

Among others, the obligation to communicate this condition to the Housing Agency of Catalonia, the recognition of a right of preferential acquisition in favor of the Administration of the Generalitat when a corporate large landlord transfers a dwelling located in a tight residential market area in Catalonia, or the obligation to annex to the deed of sale a registration certificate that accredits the number of dwellings owned by the corporate large landlord when transferring a dwelling located in a tight residential market area in Catalonia.

What is understood by large landlord?

A large landlord is considered to be any owner who is in one of the following situations:

a) Financial entities, their real estate subsidiaries, investment funds and asset management entities, including those from bank restructuring, in accordance with company law (Art. 5.9 Law 24/2015, of 29 July).

b) Legal persons who, alone or through a group of companies — as defined in article 42.1 of the Commercial Code — are holders of more than 10 dwellings located in State territory, with the following exceptions (Art. 5.9 Law 24/2015, of 29 July):

1st. The social promoters referred to in letters a and b of article 51.2 of Law 18/2007, of 28 December, on the right to housing.

2nd. Legal entities that own more than 15% of the habitable surface of the property qualified as officially protected rental housing.

3rd. Private non‑profit entities that provide housing for people and families in situations of residential vulnerability.

c) Private equity funds and asset securitization (Art. 5.9 Law 24/2015, of 29 July).

d) Natural persons who are owners of more than 15 dwellings, or co‑owners if their participation quota in the community represents more than 1 500 m² of housing land, referring in both cases to dwellings located in State territory, with the same exceptions established for legal entities in points 1st and 2nd of letter b (Art. 5.9 Law 24/2015, of 29 July).

e) Natural or legal person who is holder of more than 10 urban properties of residential use or with a built surface of more than 1 500 m² of residential use, excluding garages and storage rooms in all cases (art. 3.k Law 12/2023, of 24 May).

f) Natural or legal person who is holder of 5 or more urban properties of residential use located within the tight residential market area in Catalonia (Resolution TER/2408/2024). It is possible to check which municipalities are included in this area by clicking here.

In order to verify whether one has the condition of large landlord or not, a certificate may be requested from the Land Registry indicating the total number of properties of which the natural or legal person is holder.

What communication must be sent to the Housing Agency of Catalonia?

While the Register of large landlords of housing has not been created, it is provided for the obligation to communicate to the Housing Agency of Catalonia the condition of large landlord from the moment the requirements that give rise to the obligation to register in said register are met. That is, from the moment one complies with one of the definitions of large landlord previously exposed.
The communication consists of notifying the identifying and contact data of the large landlord, determining on the basis of which legal provision one has the consideration of large landlord, and indicating the number of dwellings of which one is a holder.
The communication can be made at any time and does not require the submission of specific documentation, although the Housing Agency may request the title deed of the dwellings, if it considers so.
There are no fees associated with the procedure and the same can be done electronically, although natural persons can also submit it physically.
At Mes Advocats we can take care of submitting this communication on behalf of any large landlord, as well as determining beforehand the number of properties of which a natural or legal person is holder.

Finally, the obligation to register large landlords in the Register of large landlords of housing will become effective once the regulatory Decree that must deploy said register comes into force, a fact that has not yet occurred.

Right of first refusal and repurchase by the Administration of the Generalitat

If a corporate large landlord who is registered in the Register of large landlords of housing transfers a dwelling that is located in a tight residential market area of Catalonia, there is a right of preferential acquisition in favor of the Administration of the Generalitat, which affects both the first transfer and subsequent ones of the dwelling during the validity of Decree‑Law 1/2015, of 25 May, that is, 12 years from 26 March 2015.

The decision to transfer the dwelling must be communicated by the transferring holder to the Housing Agency of Catalonia. The notification must include the information established in article 89.2 and 89.3 a) and b) of Law 18/2007, of 28 December, the planned sale price, an express declaration of the occupancy status of the dwelling, as well as the justified valuation of its state of conservation.

After the 2‑month period has elapsed without the Administration having notified its willingness to exercise the right of first refusal, it is understood that it waives the right to exercise it in relation to that transfer.

If the communication has not been made; if the communication has been made omitting the legal requirements; if the transfer has been made before the expiry of the 2‑month period for the Administration of the Generalitat to respond; or if the transfer has been made under conditions different from those communicated, the Administration of the Generalitat will have the right of repurchase for the same price and under the same conditions of acquisition in which the transfer actually took place.

Regarding whether this right of preferential acquisition exists once the Register of large landlords of housing is put into operation, or already since the entry into force of the rule, the reality is that Decree‑Law 2/2025 does not address it. However, in case of doubt, it is advisable to notify the transfer to the Administration of the Generalitat.

Finally, apart from notifying the transfer for the possible exercise of the right of first refusal by the Administration of the Generalitat, and while the regulatory Decree that must deploy the Register of large landlords of housing has not come into force, there is the obligation to accredit by means of a registration certificate the number of dwellings of which the large landlord is owner at the time of formalizing the deed of sale, and said certificate must be notarised.

If you want to dive deeper into the legal obligations and updates for large holders, we invite you to listen to our podcast, where experts analyze everything you need to know to protect your business.

If you want more information about the legal implications of holding the status of large landlord in Catalonia, do not hesitate to contact us. Mes Advocats can advise and accompany you in all the legal procedures required by the current legislation.

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