NEW REGULATION OF TEMPORARY AND ROOM RENTALS IN CATALONIA

21 January 2026

NEW REGULATION OF TEMPORARY AND ROOM RENTALS IN CATALONIA

On 1 January 2026, Law 11/2025, of 29 December, on measures relating to Housing and Urban Planning (DOGC 31.12.2025) came into force in Catalonia. Among other matters, in the field of housing it regulates temporary and room rentals; and in the field of urban planning, it extends the Administration’s pre-emption and redemption rights in cases of housing transfers, permanently classifies protected housing (VPO) located in ZMRT areas, and increases the land reserves for VPO for sale and rent in new planning instruments and in revisions or amendments to existing ones.

In this article we explain the new regulation of this type of rental, as well as the legal developments regarding Officially Protected Housing (VPO) and the Administration’s pre-emption and redemption rights in housing transfers.

Legal framework

The law amends several provisions of Catalonia’s Housing Act 18/2007, Law 1/2015 of 24 March, Decree-Law 17/2019 of 23 December, and Law 11/2022 on neighbourhoods, introducing the following new features:

Specific regulation of temporary housing rentals and room rentals, which until now lacked their own legal regime under Catalan law.
To this end, Law 11/2025 introduces new Articles 66 bis and 66 ter into Law 18/2007.
Any lease intended to satisfy a housing need is deemed a permanent housing lease, regardless of the agreed duration. These contracts are governed by Title II of the Spanish Urban Leases Act (LAU).
The only leases excluded from this classification are those in which the dwelling is used exclusively for recreational, tourist or holiday purposes, at any time of the year; this purpose must be expressly stated in the contract. These contracts are governed by the LAU provisions for urban properties used for purposes other than housing.
The law allows temporary housing leases for professional, employment, study, medical care or assistance reasons, provisional situations pending delivery of a dwelling, or pending return. These leases are subject to the LAU rules applicable to permanent housing leases regarding rent (for dwellings located in ZMRT areas), rent updates, deposits, guarantees, rent increases due to improvements, and the allocation of general expenses and individual services.
Contracts must necessarily state the temporary nature of the lease, which must be documented and deposited in the Security Deposit Register.
The law allows the extension of temporary contracts where the cause is duly evidenced and the tenant proves their habitual residence in another place.
If a new contract is entered into with the same party and for the same dwelling, the legislator applies the LAU regime for permanent housing to the new contract.

Room rental

Room rental is defined as the contract by which the landlord grants the tenant the use of common areas of the dwelling in exchange for payment. Where the dwelling is located in a ZMRT area, these contracts are subject to the LAU rules for permanent housing leases regarding rent, rent updates, deposits, guarantees, rent increases due to improvements, and the allocation of general expenses and individual services. The sum of all rents may not exceed the maximum rent applicable to leasing the dwelling as a single unit.
This regulation is closely linked to habitability regulations and, consequently, to the scope of the information contained in the dwelling’s habitability certificate.

Officially Protected Housing (VPO)

Permanent classification: Dwellings located in a ZMRT area will retain their classification for as long as the ZMRT designation remains in force, including those definitively classified before 1 January 2026. For the latter, the maximum sale and rental prices in force at the time of their classification will apply. Declassification is left to the discretion of the Administration.
Maximum sale and rental prices for surface rights (SU) for VPO: these may not exceed 20% of the maximum sale price per usable square metre for general or special VPO in force on the date of transfer.
In the case of the transfer of surface rights over VPO, the maximum price will be 85% of the maximum sale price.
An expiry period is established for registration in the VPO applicants’ register, unless renewed by means of a responsible declaration.
Land reserves: exemption from the obligation to apply the new increased reserve of 50% (developable land) and 40% (consolidated urban land) applies to (i) planning instruments, amendments or revisions initially approved before 1 January 2026; and (ii) for a period of two years from the initial approval of the territorial or master planning instrument.
By law, dwellings acquired by the Generalitat of Catalonia through the exercise of pre-emption and redemption rights will acquire permanent VPO classification, and their sale price may not exceed the acquisition price increased by the CPI variation between the date of classification and the date of sale.

Supervision and enforcement

The law creates the Housing Lease Contract Supervision Commission, which will work with consumer affairs, tourism and housing authorities in inspection and monitoring tasks to ensure compliance with this regulation by owners, digital platforms, property portals and other channels used to advertise rental and tourist accommodation.

Inspectors have the status of law enforcement agents, and the facts recorded in their reports enjoy a legal presumption of accuracy. In the exercise of their functions, they may request information and documentation from other public administrations and bodies, such as the Security Deposit Register. Refusal to cooperate and/or to provide the requested documentation constitutes a serious infringement.

New cases of pre-emption and redemption rights in favour of the Administration

All of them will be valid for 24 years from 1 January 2026.
A new case is introduced in the Right to Housing Act granting these rights to the Generalitat in the transfer of dwellings located in ZMRT areas.
In the award of dwellings resulting from judicial or administrative auctions.
A new case in Decree-Law 1/2015, concerning dwellings resulting from mortgage enforcement: in the transfer of dwellings located in ZMRT areas belonging to a large holder that is a legal entity registered in the Large Holders Register, with the following exceptions:
- Newly built dwellings, for a period of one year from the date of the habitability certificate.
- Transfer of dwellings resulting from major refurbishment, for a period of one year from the date of the habitability certificate.
- Intragroup transfers of new-build dwellings between companies with a similar corporate purpose or that carry out a similar real estate activity.
Transfers are exempt from pre-emption and redemption in favour of the Generalitat of Catalonia where dwellings are acquired by natural persons who expressly opt for this exemption and meet the following requirements:
- They are registered in the Officially Protected Housing applicants’ register.
- They undertake to apply, within one month from the date of acquisition of the dwelling, for its classification as officially protected housing under the general regime or an equivalent existing category, on a permanent basis.
- They undertake to use the acquired dwelling as their habitual and permanent residence for a minimum period of ten years from the date of acquisition.