{"id":7233,"date":"2026-03-11T19:33:36","date_gmt":"2026-03-11T19:33:36","guid":{"rendered":"https:\/\/busquets.legal\/?p=7233"},"modified":"2026-03-12T11:05:52","modified_gmt":"2026-03-12T11:05:52","slug":"regulation-of-seasonal-and-room-rental-comes-into-force-in-catalonia","status":"publish","type":"post","link":"https:\/\/busquets.legal\/en\/alquiler-de-temporada-y-de-habitaciones-en-cataluna-entra-en-vigor-su-regulacion\/","title":{"rendered":"Seasonal and room rentals in Catalonia: Its regulation comes into force"},"content":{"rendered":"

Catalonia tightens control on seasonal rentals and adopts new housing and urban planning measures (Law 11\/2025)<\/strong><\/h2>\n\n\n\n

On 31 December 2025, Law 11\/2025 of 29 December, which validates and processes Decree-Law 2\/2025 as a law, incorporating relevant measures regarding housing and town planning, was published in the Official Gazette of the Government of Catalonia (Diari Oficial de la Generalitat de Catalunya).<\/p>\n\n\n\n

The regulation came into force on 1 January 2026<\/strong><\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

However, its scope could be subject to a jurisdictional dispute as it affects civil matters within state competence, with the deadline for a potential constitutional challenge open until 31 March 2026.<\/p>\n\n\n\n

Seasonal leases: the cause overrides the duration<\/strong><\/h2>\n\n\n\n

The Act introduces a new article 66 bis into Act 18\/2007, establishing an essential principle: any lease intended to meet a housing need is considered a permanent residential lease, regardless of the agreed duration.<\/p>\n\n\n\n

Only contracts with an exclusively recreational, tourist or holiday purpose are excluded, which remain subject to the LAU regime for leases for use other than as a dwelling.<\/p>\n\n\n\n

Consequently, seasonal leases for employment, academic, medical or provisional reasons are subject to the residential tenancy regime, including the minimum legal duration, the mandatory extension regime and, where applicable, the rent limitations provided for in Article 17 of the LAU in areas declared as stressed residential market zones (ZMRT).<\/p>\n\n\n\n

The Act significantly reinforces the formal and evidentiary requirements: the contract must expressly identify the reason for temporariness, this reason must be proven by documents, and the documentation must be deposited together with the bond in the Register of the Catalan Land Institute (INCAS\u00d2L).<\/p>\n\n\n\n

If no different use is proven, a legal presumption of a habitual residence tenancy applies.<\/p>\n\n\n\n

Furthermore, the regime applicable to extensions and the conclusion of new successive contracts with the same tenant is made stricter, which may be reclassified as a permanent residential lease if the actual persistence of the temporary cause is not proven.<\/p>\n\n\n\n

Room rental: aggregate rent cap<\/strong><\/h2>\n\n\n\n

The Act regulates room leasing for the first time by introducing the new article 66 ter into Act 18\/2007, requiring compliance with the home's habitability and occupancy standards.<\/p>\n\n\n\n

The most significant new development is that room rental does not alter the residential character of the property. In Stressed Residential Market Zones (ZMRT), the sum of the rents agreed in the various simultaneous contracts may not exceed the maximum rent that would apply to the single-unit lease of the property pursuant to Article 17 of the Urban Tenancies Act (LAU), thereby closing off evasive practices.<\/p>\n\n\n\n

Tightening of control and consequences<\/strong><\/strong><\/h2>\n\n\n\n

The Act introduces the concept of the \u201cfraudulent contract\u201d, expressly including contractual simulation and the misuse of seasonal leases to circumvent regulations.<\/p>\n\n\n\n

Protection for tenants is reinforced from the perspective of consumer law and the right to housing, with significant consequences:<\/p>\n\n\n\n