New criteria of the Housing Law in Catalonia: what property owners and investors need to know in 2026

The rental market in Catalonia continues to evolve at a rapid pace. In recent months, the Government of Catalonia has updated the interpretative FAQs of the Housing Law, incorporating relevant clarifications that directly affect property owners, investors, and real estate professionals. 

These clarifications come after the entry into force of the Decree Law 1/2025, which introduced the sanctioning regime linked to rent control and the practical application of Law 12/2023 on the Right to Housing. 

The update responds to a reality: many property owners, agencies, and market operators had doubts about how to correctly apply the regulations, especially regarding aspects such as the concept of large holder, the calculation of rental prices, or the information that must be provided to tenants. 

We analyze the most important points you need to know in 2026. 

Catalonia consolidates the tensioned areas: more than 270 municipalities affected 

Currently, Catalonia has two major areas of tensioned residential market, affecting more than 270 municipalities. 

These areas were approved at two different times: 

• March 2024, with a first declaration affecting 140 municipalities. 

• October 2024, when the measure was expanded to an additional 131 municipalities. 

This means that a large part of the Catalan rental market is under mechanisms for regulating rental prices, especially in areas with strong demand pressure such as the metropolitan area of Barcelona or areas with high residential attraction. 

For property owners and investors, this represents a structural change: the rental price no longer depends solely on supply and demand, but also on the current regulatory framework. 

When is the rental price limitation applied? 

The rent limitation provided for in the Housing Law applies when three main conditions are met: 

• The housing is located in a tensioned residential market area 

• The rental contract is signed after the official declaration of the area

• The housing is intended for permanent residence

In these cases, the rental price must respect the State Rental Price Reference Index or the price of the previous contract, depending on the situation. 

However, there are some relevant exceptions. The rent limitation does not apply to: 

• Housing for official protection

• Housing intended for social housing policies

• Housing integrated into public social rental networks

• Tourist use housing

New interpretation of the concept of large holder 

One of the aspects that generated the most doubts in the sector was the concept of large holder of housing. 

In Catalonia, a large holder is considered to be the natural or legal person who has: 

• 5 or more housing units in the same stressed area

• More than 10 housing units in Spanish territory

• More than 1,500 m² of residential use

The most relevant interpretative novelty has to do with the computation of co-ownerships. 

The Generalitat has clarified that the shares in housing are summed as a percentage, so they can equate to the total number of housing units necessary to be considered a large holder. 

For example, an owner who has shares in different properties could reach the equivalent of five complete housing units by adding the ownership percentages. 

This criterion particularly affects family estates, inheritances, or shared investments. 

The primary residence also counts in the calculation 

Another important clarification is that the owner’s primary residence is also included in the calculation when it comes to individuals. 

This may cause some owners to fall into the category of large holder without having initially anticipated it, especially when they own several inherited or shared properties. 

How the price of a new rental contract is calculated 

The price of a new rental contract will depend on two key factors: 

• If the property is located in a tense area

• If the owner is classified as a large holder

From there, different rules apply. 

If the owner is a large holder 

The rent of the new contract will be the lowest between: 

• The price of the last updated rental contract

• The price set by the Rental Reference Index

If there has been no contract in the last five years, the maximum rent will be determined by the index. 

If the owner is not a large holder 

• If there was a contract in the last five years → the previous rent is maintained and updated.

• If there was no contract → the reference index is applied.

When the rental price can be increased 

The regulations allow additional increases of up to 10% in the rental price, provided that certain conditions are met. 

Among them: 

• Rehabilitation of the property

• Improvement of energy efficiency

• Works that improve accessibility

• Long-term rental contracts (10 years or more)

These actions must have been carried out in the two years prior to the new contract and must be duly accredited. 

The sanctioning regime: fines of up to €900,000 

The introduction of the sanctioning regime through Decree Law 1/2025 strengthens control over compliance with regulations. 

The penalties provided can reach: 

• €3,000 to €9,000 for minor infractions

• €9,001 to €90,000 for serious infractions

• €90,001 to €900,000 for very serious infractions

For this reason, it is essential that owners and investors correctly apply the regulations and have specialized advice before formalizing any rental contract. 

The role of real estate advice in an increasingly regulated market 

The Catalan real estate market is experiencing a moment of constant regulatory transformation. The new interpretations of the Housing Law demonstrate that regulation will continue to evolve in the coming years. 

In this context, having professional advice is key for owners and investors who wish to manage their real estate assets with legal security and strategic vision. 

At Gumper Luxury Real Estate, we analyze each regulatory change to help our clients make informed decisions, both in rental operations and in processes of buying, selling, or investing in real estate in Catalonia. 

Our team accompanies owners and buyers throughout the process, ensuring transparency, regulatory compliance, and a strategy adapted to the current market.