New Decree Law in Catalonia strengthens rent control and tenant protection

  • Julia Fargas Esteve

    Julia Fargas is COO of Blegal Barcelona, where she has spent almost 9 years leading the firm's operations and digital transformation. An ESADE MBA, she has a long track record in business management, process optimization and business strategy.

Julia Fargas Esteve

Julia Fargas is COO of Blegal Barcelona, where she has spent almost 9 years leading the firm's operations and digital transformation. An ESADE MBA, she has a long track record in business management, process optimization and business strategy.

La Generalitat de Cataluña ha aprobado un nuevo Decreto Ley para enfrentar la crisis del alquiler, causada por la escasez de viviendas asequibles y el aumento de precios. Aunque se habían implementado medidas como la contención de rentas en zonas tensionadas, su efectividad se ha visto limitada por la falta de un régimen sancionador y el uso fraudulento de contratos temporales.

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Cataluña refuerza el control del alquiler con un nuevo Decreto Ley que protege a los arrendatarios y endurece el régimen sancionador

The Generalitat of Catalonia has approved a new Decree Law aimed at addressing the growing rental crisis in the region. This crisis, driven by the shortage of affordable housing and rising prices, has created strong economic pressure on families. Despite previous attempts, such as rent control in stressed residential market areas, the effectiveness of these measures has been limited by the lack of a solid sanctioning regime and the fraudulent use of temporary rental contracts.

Amendments to current regulations

To strengthen tenant protection and ensure housing affordability, the new Decree Law introduces amendments to the Housing Rights Act (Law 18/2007) and the Catalan Consumer Code (Law 22/2010). These amendments include:

Housing advertising

Landlords will be required to provide clear information on rental prices in accordance with the established reference system, as well as on the status of the property, particularly in stressed residential market areas. This requirement also applies to Property Administrators, who must ensure that advertisements comply with these obligations.

Rental contracts

Contracts must specify key aspects such as the rental price, whether the landlord qualifies as a large holder, and the purpose of the contract (temporary or permanent). Property Administrators will be responsible for managing these aspects accurately to avoid penalties.

New sanctioning regime

The Decree Law introduces a stricter sanctioning regime to ensure compliance with rent control regulations and tenant protection. New serious and very serious infringements are established, including:

  • Setting rents above the legal limits.
  • Committing fraud through temporary contracts when the property is intended for permanent use.
  • Failing to meet information requirements in contracts and advertising (rental price, reference system, large holder status).

Property Administrators must ensure that such abusive practices are avoided, as they will be responsible for guaranteeing the proper application of the regulations.

Adaptation period and entry into force

The Decree Law establishes that rental advertisements and offers published prior to its entry into force must be adapted to the new regulations within five days. Its implementation is immediate following its publication in the Official Gazette of the Generalitat of Catalonia.

This new regulation represents a significant change in property management and administration, as it strengthens the monitoring and sanctioning of irregular practices in the rental market. With these measures, the Generalitat aims to guarantee fairer and more affordable access to housing, protecting tenants against abuses and fraud in rental contracts.

This new Decree Law entails greater responsibility in the management and supervision of rental contracts and property advertising. The implementation of a stricter sanctioning regime reinforces the importance of proper legal and technical advice in property management. In this new context, the professionalisation of the sector becomes even more crucial to ensure a balance between landlords’ rights and tenant protection.

Photo by Jakub Żerdzicki on Unsplash

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