Catalonia strengthens control over seasonal rentals and adopts new housing and urban planning measures (Law 11/2025)
On 31 December 2025, Law 11/2025 of 29 December was published in the Official Gazette of the Government of Catalonia, validating and processing as law Decree-Law 2/2025, incorporating relevant measures in the fields of housing and urban planning.
The regulation entered into force on 1 January 2026.
The Law reinforces criteria already present in the Urban Leases Act (LAU), the Civil Code of Catalonia, and case law, significantly increasing the legal risks arising from the improper use of seasonal rental agreements.
However, its scope could become the subject of jurisdictional controversy, as it affects civil matters under state competence, and the period for a potential constitutional challenge remains open until 31 March 2026.
Seasonal rentals: the cause prevails over duration
The Law introduces a new Article 66 bis into Law 18/2007, establishing an essential principle: any lease intended to satisfy a housing need shall be considered a permanent housing lease, regardless of the agreed duration.
Only contracts with exclusively recreational, tourist, or holiday purposes are excluded, which remain subject to the lease regime for use other than housing under the LAU.
Consequently, seasonal rentals for employment, academic, medical, or temporary personal situations are subject to the housing lease regime, including the minimum legal duration, the system of mandatory extensions, and, where applicable, the rent limitations provided for in Article 17 LAU in areas declared as stressed residential market zones (ZMRT).
The Law significantly reinforces formal and evidentiary requirements: the contract must expressly identify the cause of temporariness, such cause must be documentarily evidenced, and the documentation must be deposited together with the security deposit in the Registry of the Catalan Land Institute (INCASÒL).
If no alternative use is evidenced, a legal presumption of habitual residence lease applies.
Furthermore, the regime applicable to extensions and the execution of successive contracts with the same tenant is tightened, and such contracts may be reclassified as permanent housing leases if the genuine persistence of the temporary cause is not demonstrated.
Room rentals: aggregate rent limit
For the first time, the Law regulates room rentals by introducing new Article 66 ter into Law 18/2007, requiring compliance with housing habitability and occupancy standards.
The most relevant novelty is that renting by rooms does not alter the residential nature of the dwelling. In ZMRT areas, the sum of the rents agreed in the different simultaneous contracts may not exceed the maximum rent that would apply to the single-unit lease of the dwelling under Article 17 LAU, thereby closing potential avoidance practices.
Strengthened oversight and consequences
The Law introduces the concept of “fraudulent contract”, expressly including contractual simulation and the misuse of seasonal rentals to circumvent regulations.
Protection of tenants is strengthened from the perspective of consumer law and the right to housing, with significant consequences:
- Nullity of clauses that violate mandatory provisions.
- Possible reclassification of the contract.
- Serious or very serious administrative sanctions.
In addition, the Supervisory Commission for Housing Lease Contracts is created, with oversight and coordination functions, particularly regarding real estate platforms and property portals.
Large property holders and expansion of pre-emption and redemption rights
The Register of Large Property Holders is promoted, expanding the obligated subjects in accordance with the definition established in State Law 12/2023. Regarding the concept of large property holders, we previously discussed it in our Legal News.
Likewise, the Administration’s pre-emption and redemption rights are expanded. These rights may be exercised, among other situations, in transfers of dwellings located in ZMRT areas owned by large corporate property holders, as well as in awards resulting from judicial or administrative auctions. The dwellings acquired must be permanently classified as protected housing.
Urban planning: streamlining and enforcement
Among other measures, the Law:
- Extends to eighteen months the limitation period for urban planning enforcement procedures.
- Strengthens the publicity of urban management instruments.
- Facilitates certain actions related to the promotion of protected housing.
As always, if you need to assess how these legal reforms may affect your operations or real estate assets, the team at Busquets will be pleased to assist you.
You can contact us by calling 934 160 004 or writing to info@busquets.legal, and we will support you with whatever you may need.