The figure of the large holder has become one of the centerpieces of current housing regulations. Its impact extends to the contractual, procedural and registry areas, raising numerous questions.
How many properties must a large fork own?
Although the term large holder does not have a single or homogeneous definition, at the state level, Law 12/2023, of May 24, for the right to housing, considers a large holder to be someone who owns more than ten urban properties for residential use or more than 1,500 m² constructed. In Catalonia, the threshold is stricter: it is sufficient to own five or more dwellings within a stressed residential market areaThis category currently affects 271 municipalities.
How are dwellings computed in order to be considered a large holder?
In addition to the lack of regulatory uniformity, there is also a diversity of interpretations as to how dwellings should be computed.
While the Agència Catalana de l'Habitatge includes any form of ownership, even partial, the Direcció General de Tributs (DGT) requires full ownership or effective control over the property, excluding the habitual residence and the usufruct, but including the bare ownership.
What are the consequences?
In matters of leases, the status of large holder implies specific obligations and limitations on the rent. Law 12/2023 regulates what information must be included in the lease, how the initial price must be set and under what assumptions it may be updated. Ignoring these requirements may lead to penalties or nullity of clauses.
In the procedural area, the Constitutional Court has eliminated the obligation to offer social rent or justify the tenant's vulnerability prior to eviction, although Law 1/2025 has incorporated the general need to resort to an Alternative Dispute Resolution Mechanism (ADR) before filing suit.
And from the registry point of view, Decree Laws 1/2025 and 2/2025 of Catalonia extend the right of first refusal in favor of the Generalitat, requiring a certificate of large holder issued by the Association of Registrars, which may condition the registration of sales and purchases.
Conclusions
In short, the figure of the large tenant is today a complex element of the housing market. The coexistence of state and autonomous community regulations, together with disparate administrative criteria, requires extreme legal caution when planning real estate transactions or formalizing leasing contracts.
Before closing any transaction, it is essential:
- Check the applicable legislation and the existence of stressed areas.
- Verify the status of the holder and, if applicable, apply for the large holder certificate.
- Review the contractual and registration documentation in accordance with the new legal limits.
Correct identification of the large holder status and specialized advice are key to guarantee the validity, security and efficiency of each real estate transaction.
If you need to assess how these reforms can affect your operations or real estate assets, Busquets will be happy to help you. You can contact us by calling 934 160 004 or writing to info@busquets.legal, and we will help you with whatever you need.