In Catalonia, the legal framework for rental housing has recently changed significantly. With the entry into force of Decree law 1/2025 and local regulations, both seasonal rental and holiday rental are more strictly regulated. For owners wishing to rent out their property, it is crucial to understand the difference between the two regimes as well as the corresponding obligations.
What is seasonal rental in Catalonia?
Seasonal rental refers to temporary leases designed to fill a specific, justified need of the tenant. Examples include temporary professional activities, studies, medical treatment or other transitional situations. The agreement must explicitly state the temporary nature, including the reason and supporting documents (e.g. employment contract or enrolment at an educational institution).
Maximum rents
Although these contracts do not count as principal residence, in so-called 'tense residential markets' they are still subject to rent restrictions. According to Decree law 1/2025 the rent may not exceed the reference rent, determined on the basis of similar properties in the same neighbourhood. Moreover, if the property has already been rented in the past five years, the new rent may not exceed the previous amount (indexed). The following rules apply:
- Reference rental: The maximum rent should be based on the Catalan government's official reference rent system, which takes into account location, area, year of construction and other characteristics of the property. This amount is available through the official website habitatge.gencat.cat.
- Previous rent: If the property has already been let in the past five years, the new rent may not exceed the last agreed rent, adjusted by the consumer price index (CPI).
- Room-by-room rental: It is not allowed to charge a rent per room individually that - when added up - would exceed the reference rent for the entire property.
An example. Suppose a 70 sq m flat in Castell-Platja d'Aro had a monthly rent of €800 in 2022. If the property is now re-rented, this price may only be adjusted by the annual CPI indexations since 2022. Moreover, the new rent may not exceed the current reference rent for a similar property in the same zone, as determined through the Catalan rent system.
Note: If both rules apply (reference rent and previous rent), the lower of the two should be used.
This system aims to curb excessive price increases in popular areas. For owners, it means that prior to a seasonal rental, they must not only correctly define the rental purpose, but also be able to justify an objective and transparent pricing. An error in this can be considered a serious infringement, with fines of up to €90,000 or more in case of repetition or fraud.
Specific obligations in case of seasonal rental
When concluding a seasonal contract, owners are obliged to include the following elements in the contract as well as the advertisement:
- Purpose of the agreement (seasonal rental or otherwise)
- The last rent for the past five years, if applicable
- The official reference rent amount (accessible via habitatge.gencat.cat)
- Indication of whether the owner is a 'large owner' (more than 10 homes or >1,500 sqm of residential property)
This transparency obligation also applies in advertisements. Failure to comply can lead to fines of between €9,000 and even €900,000 in the case of serious or fraudulent breaches.
Read more about seasonal lettings in Spain.
What is holiday rental in Catalonia (HUT)?
Holiday rentals are for recreational or holiday purposes only and are legally considered non-residential rentals. According to the Decree 75/2020 a tourist property must meet specific conditions:
- Rented out to third parties repeatedly and for a fee
- Each stay may last up to 31 consecutive days
- The property may not be rented by the room
- A maximum of 15 people are allowed
In addition, a series of administrative obligations apply, including:
- Registration in the Catalonia Tourist Registry (NIRTC)
- Energy performance certificate (mandatory since June 2021)
- Registration of guests with the police (Mossos d'Esquadra)
- Availability of house rules in four languages (ES, CAT, EN, FR)
- Consent of co-owners' association
- National registration of the property as tourist accommodation
An operational complaint line and basic equipment in proportion to capacity are also mandatory. Tourism registration must also be visibly displayed on the property, along with the maximum number of guests allowed.
Read more about the rental licence in Catalonia.
Specific situations for certain municipalities
In municipalities such as Castell-Platja d'Aro, where pressure on the housing market is high and the number of tourist homes exceeds the limit of 5 per 100 inhabitants, additional regulations are in place. According to Decree law 3/2023 obtaining planning permission is a necessary condition for tourist rentals.
This municipality also has a moratorium in place until 2028: no new permits are currently issued for early retirement. Only after revision of the municipal spatial plan can this situation change. Specifically, this means that a property in Castell-Platja d'Aro cannot be registered as a tourist home for the time being, and can only be legally rented out through the seasonal rental regime.
Conclusion: choose the right rental model
The difference between seasonal rental and tourist rental in Catalonia is more than purely semantic. The legal and administrative implications are considerable. Those who rent the property to temporary residents with a concrete reason fall under the regime of seasonal rental with rental price restrictions. In contrast, those aiming for short-term holiday rentals without justification must obtain a tourist registration and comply with strict operating conditions.
