The keys to the recent regulation on tourist apartments in Catalunya

On November 7, 2023, the Government of Catalunya took a further step in regulating properties intended for tourist rental. The Executive Council approved a new regulation that, still pending final validation of constitutionality and European laws, will have a significant impact on numerous property owners interested in using their properties for such purposes. If you have been following us for a while, you will know that at ATIPIKA – a real estate agency specialized in the luxury sector – we always aim to keep you well informed. For this reason, we have prepared a summary with the key points you need to know about the recent legislation on tourist apartments in Catalunya.

The Government aims to make access to housing a fundamental right

The regulation, approved through a Decree Law, seeks to provide tools to municipalities facing challenges in access to housing or at risk of urban imbalance due to the proliferation of tourist properties. The Minister of Territory, Ester Capella Farre, stated: "The spread of tourist apartments is one of the reasons behind the decline in the number of homes available for permanent rental. For this reason, we have decided to regulate the sector.”

Impact on existing tourist properties

Specifically, in the attached annex to the proposal, 262 municipalities in Catalunya are listed, among which:

• 134 are experiencing issues of urban imbalance.
• 128 are facing challenges in access to housing.

In these localities, including Castelldefels, Manresa, Sant Cugat del Vallès, or Sitges, a total of 95,000 properties are designated for tourist use. A figure that the Government plans to adjust in the coming cycles. How?

• Owners must obtain a valid license for five years, with the option of renewal. If the City Council does not grant the authorization, a five-year period will be established to cease the activity.

However, in situations where the inability to recover financial losses due to the lack of a license can be demonstrated, owners may request an additional five-year extension.

Homes seeking to operate as tourist accommodations must obtain a license

The change involves shifting from the current declaration of responsibility requested from property owners to dedicate their properties to tourism to the mandatory requirement of obtaining a prior urban planning authorization. How will this license be acquired? By submitting a communication to the administration for registration and meeting the following requirements:

• Having a habitability certificate.
• Furnishing the dwelling.
• Renting the property in its entirety, not just individual rooms.

If a City Council wants to allocate part of its land for tourism, it must demonstrate to the territorial committees that it has sufficient space for permanent residences through a document known as a social report. The Government identifies a problem when there are more than five tourist apartments for every hundred inhabitants. As a solution, it will only allow City Councils to grant licenses for a maximum of ten properties per hundred inhabitants. In areas with more than ten properties designated for tourism, the City Council will determine which owners will obtain the authorization through a competitive process.

Penalties for properties operating without permission

Homes operating without a license will be in violation of regulations. The Government has stated that severe penalties will be imposed, although they have not specified the details yet.

Manage your rental with ATIPIKA

The final approval of this proposal could complicate property management for owners. At ATIPIKA, we aim to free you from any obstacles that may arise in the leasing process, whether it is short-term or long-term, by assisting you from start to finish and handling all the necessary procedures. With over 25 years of experience, we have become a leading real estate agency in the high-end sector. We offer our clients a comprehensive and multilingual service, personalized attention, and a guaranteed experience. Feel free to visit our real estate offices for more information. You can find us at:

• Passeig de Gràcia 20, 2nd 1st – Barcelona.
• Carrer Saragossa 1-2, local 19 – 20 – Castelldefels.
• Avinguda de Fort de l’Eau, 64 – Maó.

We look forward to seeing you!

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