Catalonia Tourist Rent

Table of Contents

Table of Contents

Concept

In Catalonia, homes for tourist purposes are called “homes for tourist use”. Along with its regulation, the procedure for starting activity is analyzed.

A dwelling for tourist use is considered to be one that is transferred  by its owner, directly or indirectly, to third parties, in exchange  for economic consideration for a seasonal stay and under conditions of immediate availability.

A seasonal stay is considered to be any occupation of the property for a contiguous period of time equal to or less than 31 days.

Homes for tourist use are transferred in their entirety and the rent of rooms is not allowed.

Homes that are not properly equipped cannot be transferred.

In the event that the owner of a property becomes aware of a clandestine activity, he or she has the duty to notify the competent Administration, as well as to take the corresponding civil actions aimed at the effective cessation of the tourist activity.

The purpose of a dwelling for tourist use must be compatible with the regulation of the uses of the sector where it is located and with the civil regulations that apply to it.

The details of the tourist accommodation that appear in the Register are as follows: owner, name, address, telephone, email, modality, group, category and badge, as well as number of units and places in the accommodation.

In the case of homes for tourist use and shared homes, the cadastral reference of the property and the number of the certificate of occupancy must be added.

Activity requirements and services

The dwellings may not be occupied with more places than those indicated in the certificate of occupancy and, in any case, their maximum capacity may not exceed 15 places.

The dwellings must be sufficiently furnished and equipped with the necessary appliances and utensils to be occupied immediately, in order to provide a correct accommodation service in relation to all the places available, all in a perfect state of hygiene.

The owner of the property, or the manager to whom he or she delegates, must:

– Provide users and neighbours with the telephone number to immediately attend to and resolve queries and incidents related to the activity of housing for tourist use;

– To ensure a housing assistance and maintenance service ;

– Give users a document that includes the rules of coexistence agreed by the community of owners where the home is integrated, if any. This document must be written in at least the following languages: Catalan, Spanish, English and French.

In the event that the user of a dwelling for tourist use violates the basic rules of coexistence or fails to comply with municipal ordinances issued for this purpose, the owner of the property, or the person managing the dwelling for tourist use, must require the transferee to leave the dwelling immediately.

Dwellings for tourist use must display in a visible and easily reachable place  for users the communication of the NIRTC, its maximum capacity and the telephone number of the assistance and maintenance service. Those who do not yet have the NIRTC, temporarily, will replace its display with the communication of the provisional number.

The minimum tourist requirements are set out in D Catalunya 75/2020 annex 6.

Containment of tourist housing

With effect from 9-11-2023, a series of measures are adopted in Catalonia on the urban planning regime of tourist housing in order to alleviate its impact on the housing market and, specifically, on the lack of supply of residential housing.

In this sense, it is established, as a prerequisite to the start of the activity, to obtain an urban planning license, valid for 5 years, for municipalities that are in one of these two situations:

  • Municipalities with problems of access to housing, which are those that have accredited housing needs and meet at least one of the following requirements:
    • That the average burden of the cost of rent or mortgage on the personal or household budget, plus basic expenses and supplies, exceeds 30% of the average income or average household income; or
    • That between 9-11-2018 and 9-11-2023 the rental or purchase price of the home has experienced a cumulative growth percentage of at least 3% higher than the cumulative growth percentage of the CPI of Catalonia.
  • Municipalities at risk of breaking the balance of the urban environment due to a high concentration of homes for tourist use: those with a ratio of 5 of them per 100 inhabitants as of 9-11-2023.

The list of municipalities that specifically consider themselves affected by these situations, contained in the annexed DL Catalonia 3/2023, will be valid for 5 years, after which it will be reviewed.

On the other hand, a transitional regime is established  for homes that were duly enabled and located in one of the affected municipalities as  compensation  for all concepts related to the modifications introduced by the new regulation. Like this:

  • Within 5 years, from 9-11-2023, they must obtain the urban planning licence in accordance with the regime established in DLeg Catalonia 1/2010 disp.adic.27a or cease the activity, unless they prove that this transitional regime does not compensate for the loss of the enabling title of housing for tourist use, in which case they can request the city council to extend it for 5 more years, before the end of that first term.
  • This same regime applies in municipalities that in the future become part of the list of those affected by the need to have prior planning permission, calculating the period of 5 years from the entry into force of the order that includes it.

Finally, in line with these measures, the Urban Planning Law of Catalonia is amended, adding these cases among those subject to urban planning permission and specifically establishing the urban planning regime for tourist accommodation:

  • They are obliged to have the corresponding planning licence in certain municipalities, regardless of other licences or authorisations that may be necessary;
  • Urban planning must expressly allow the compatibility of the use of tourist housing with the use of housing intended for habitual and permanent residence;
  • In no case may more licences be granted  than those resulting from applying a maximum of 10 dwellings for tourist use per 100 inhabitants; and
  • the updating of the list of municipalities in which the use of the dwellings for tourist use will require a prior licence must be done by order of the head of the department responsible for urban planning, after hearing the municipalities