The BOE has recently published the State System of Reference of Rental Prices developed by the Ministry of Housing, under the Housing Law 12/2023, of May 24.
This Law allows the autonomous communities, in the exercise of their urban planning powers, to declare a stressed area, meaning an area in which, among other criteria, the average burden of the cost of the mortgage or rent on the personal budget or that of the living unit, plus basic expenses and supplies, exceeds 30% of the average income or the average income of the households in that area.
In the case of Catalonia, 140 Catalan municipalities have been declared as "stressed areas", among them Barcelona, Alella, Abrera, Sitges, Cambrils, Falset, Vic, Vilafranca del Penedès, etc. Thus, in the 140 municipalities a control will be applied to the rental market.
Although Catalonia has its own price index, the State index is applicable.
The main scenarios that could occur in Catalonia are detailed below:
Housing in Non-Tense Zone
In the new contracts, the rental income will be freely agreed upon by the parties, regardless of whether or not the owner is a large tenant and regardless of whether or not the property has been rented in the last 5 years.
2. Dwelling in Zona Tensa, Small Fork, rented in the last 5 years.
In new contracts, the rent agreed upon may not exceed the last rent of the habitual residence lease contract that had been in force in the last five years in the same dwelling, once the annual rent update clause of the previous contract has been applied, and no new conditions may be established that establish the passing on to the lessee of fees or expenses that were not included in the previous contract.
3. Housing in Zona Tensa, Gran Tenedor, rented in the last 5 years.
The large holder must always apply the lower of the indexed rent or the rent of the previous contract.
The owner who owns 5 or more properties is considered to be a Large Holder in these stressed areas of Catalonia. This has been requested by the Generalitat, as opposed to the 10 properties that the Housing Law establishes.
4. Housing in Zona Tensa, not rented in the last 5 years.
The new rental reference index will be applied to new contracts for apartments that have not been rented for five years, whether or not they are large tenants. In such cases, the agreed rent must be within the margins offered by the application and in no case may it exceed the highest margin.
Finally, it should be noted that the declaration of a stressed zone will limit the price of rent in these areas for 3 years.
These are some of the most important aspects that are currently applicable. Therefore, if you are interested in knowing all the aspects in detail, you can contact us and we will be happy to help you.