The Government of Catalonia (Generalitat) has approved Law 11/2025, of December 29th, regarding housing and urban planning measures. This law establishes a new legal regime applicable to seasonal leases and room rentals in Catalonia, with the aim of preventing these from being used as a mechanism to circumvent the specific regime governing the lease of a primary or permanent residence.
The new regulation, in effect since January 1st, 2026, introduces a series of reforms aimed at:
- Establishing a new legal framework for seasonal and room rental contracts in Catalonia.
- Strengthening the control and inspection of the rental market, with a special focus on seasonal contracts and room rentals.
- Expanding the rights of first refusal and withdrawal (tanteo y retracto) in stressed housing zones (zonas tensionadas) and linking them to the status of large property holders (grandes tenedores).
- Implementing urban planning measures to streamline and digitize documentation and facilitate social housing.
1. Seasonal Leases
The new regulation adds a provision defining permanent housing leases as those intended to satisfy the tenant’s need for a primary home, regardless of the agreed-upon duration. Consequently, leases for recreational, tourism, or holiday purposes are excluded from this category, provided these uses are expressly specified in the contract.
Moving forward, temporary contracts for professional, labor, academic, or medical reasons—as well as provisional situations (awaiting home delivery or return to a primary residence)—will be subject to specific residential lease rules. These include regulations on:
● Security deposits and guarantees.
● Rent determination and updates.
● Rent increases due to improvements.
● Assumption of general expenses and individual services.
For such contracts, the temporary purpose must be explicitly stated and supported by documentary evidence, which must be deposited alongside the security deposit at Incasòl. If a distinct use is not proven in the registry, the lease is presumed to be for permanent housing.
If the purpose is purely recreational or for holiday/leisure, “non-residential use” rules apply, requiring the cause, documentation, and the tenant’s permanent place of residence to be recorded and deposited at Incasòl.
Finally, if a seasonal contract is extended but the tenant does not expressly prove the cause of temporality and residence elsewhere, the contract will be deemed a permanent housing lease under the Urban Leasing Act (LAU), including legal minimum durations and extensions calculated from the initial start date. However, if the contract is not extended, but a new contract is signed with the same tenant for the same property, the new lease shall be subject to the rules for permanent housing, unless the landlord proves that the temporary circumstances still persist.
2. Room Rentals
The new regulation defines a room rental as a contract where the landlord grants the tenant exclusive use of a room, plus the right to use common areas, in exchange for a price.
Two essential controls are established:
- Occupancy Standards: Contracts must respect surface area per person and maximum occupancy thresholds as per sector regulations and the certificate of occupancy (cédula de habitabilidad).
- Rent Limits: Fragmenting a lease by rooms (or contracts) does not bypass residential rental rules. In stressed zones, the sum of rents from simultaneous contracts cannot exceed the maximum rent applicable to a single, unified lease of the property.
3. Lease Contract Supervision Commission
A new Lease Contract Supervision Commission has been created. Its role is to coordinate and control digital platforms and portals that advertise rentals, with the objective of ensuring regulatory compliance in housing contracts.
Practically, this increases the risk of detection for inconsistent practices, such as unproven seasonality or room fragmentation used to evade rent caps.
4. Registry of Large Property Holders
The Registry of Large Property Holders has been established under the Catalan Housing Agency (Agència de l’Habitatge de Catalunya). Owners meeting the criteria are now obligated to register their status and disclose the number of properties they own.
5. Rights of First Refusal and Withdrawal (Tanteo y Retracto)
The Generalitat has expanded the scenarios subject to its right of first refusal and withdrawal, notably:
- The transfer of any housing located in a declared stressed residential market zone owned by a legal entity registered as a large property holder.
- The adjudication of housing resulting from administrative or judicial auctions.
Transfers of newly constructed housing remain exempt from these rights for one year following the issuance of the certificate of occupancy.
At PLANA VENTURA GARCÉS, we are available to analyze and advise you on any questions regarding the interpretation of these new regulations. We can help identify contractual risks and avoid potential sanctions arising from non-compliance with the new provisions.
