TOURIST LICENSE IN CATALONIA.

What is the Tourist License in Catalonia?

The tourist license allows property owners to be registered and authorized to rent out their property for tourism purposes. In recent years, the growing demand for vacation rentals has led to market saturation in some cities in Catalonia. To address this issue, the region has imposed restrictions on the granting of these licenses in certain areas.

Decree-Law 3/2023 of November 7: Strengthened Restrictions

In 2023, a decree-law was adopted to better regulate tourist licenses. This legislation aims to preserve the social fabric and protect permanent residents from the negative impacts of tourist rentals. According to this decree, some cities and neighborhoods face severe restrictions. In these areas, it is now impossible to obtain a new tourist license.

Read the official decree here

Which cities are affected by the decree-law?

The main cities affected by this decree are those that experience significant tourist pressure, where the demand for tourist rentals is particularly high. Here are the main areas impacted by the restrictions:

• Barcelona: The Catalan capital is one of the cities most affected by these new rules. Certain areas of the city, particularly in the city center and tourist neighborhoods, have seen the issuance of new licenses suspended.

• Girona: Although less touristy than Barcelona, Girona has also been impacted by this legislation. Certain areas of the city center and the old town are subject to prohibitions on the granting of tourist licenses.

• Tarragona: Like Girona, Tarragona has seen some of its more popular areas, particularly those near historical monuments, excluded from the granting of new tourist licenses.

In the province of Tarragona, this regulation affects 34 municipalities: Alcanar, Altafulla, Amposta, Arbolí, Calafell, Cambrils, Capafonts, Cornudella de Montsant, Cubelles, Deltebre, El Perelló, El Vendrell, Falset, La Canonja, La Morera del Montsant, l’Ametlla de Mar, l’Ampolla, Margalef, Mont-roig del Camp, Mora la Nova, Pineda de Mar, Poboleda, Prades, Pratdip, Reus, Roda de Berà, Roquetes, Salou, Siurana, Tarragona, Torredembarra, Tortosa, Valls, Vandellòs i l'Hospitalet de l'Infant and Vila-Seca.

• Sitges: This coastal city, very popular among tourists, is also among the locations where new tourist licenses cannot be obtained in certain residential areas.

• Empordà: While some smaller towns in this northeastern region of Catalonia can still issue licenses, other specific areas face restrictions.

Why these restrictions?

The aim of these restrictions is to limit the impact of mass tourism on urban areas and prevent gentrification, where residents are progressively displaced from popular neighborhoods in favor of tourist rentals. This decree also aims to promote access to housing for permanent residents and ensure an acceptable quality of life in these highly touristic cities.

What does this mean for property owners and investors?

If you have an investment project in tourist real estate in Catalonia, it is essential to be informed about the areas where you can still obtain a tourist license. In the cities affected by the decree-law, you will not be able to obtain a license for new properties, but there may be exceptions depending on the geographical location and characteristics of the property.

Until now, the registration of tourist apartments only required an application, possession of the Cèdula d'Habitabilitat (Certificate of Habitability), being furnished, and submitting a responsible declaration from the owner. From now on, the new regulations will tighten the procedures for granting tourist activity licenses. Municipalities, through their urban planning rules, will determine the number of authorized tourist apartments. In any case, licenses will no longer be indefinite and will be granted for a period of five years, renewable for another five years, if the urban planning allows it.

What happens to apartments that already have a license?

As for existing tourist apartments, the regulation establishes a transitional regime. Thus, tourist apartments that already have the required certification will need to renew their licenses within a maximum period of five years from the entry into force of this decree, and in any case, if the municipality certifies that there is not enough land to ensure access to housing, they will have to cease their activity.

Regulation (EU) 2024/1028, adopted by the European Parliament and the Council, also addresses the issue of short-term vacation rentals. It seeks to resolve the lack of reliable information about these services by ensuring the identity of hosts and the duration of rentals, which will allow administrations to better assess their impact.

To respond to this challenge, Spain has adapted its legislation by introducing a unique registration system for rentals and a Digital Single Window, in accordance with the European regulation. The Ministry of Housing and Urban Agenda (Ministerio de Vivienda y Agenda Urbana) will coordinate this system, while the registration process will be managed by the property and movable goods registers (Registro de la Propiedad y en el de Bienes Muebles). This approach ensures the effective implementation of the regulation and guarantees compliance with national and local regulations.

This regulation ensures uniform and transparent application, without interfering with the powers of local or regional administrations regarding specific licenses or authorizations.

What are the other options to make my property profitable?

If you cannot obtain a tourist rental license in Catalonia, there are still several options to rent your property, but it will depend on the type of rental you want to offer. Here are some possible alternatives:

1. Long-Term Rental (classic rental contract)

If you cannot obtain a tourist rental license, you can always rent your property long-term, i.e., under a classic rental contract for more than 12 months (residential lease contract). This type of rental does not require a tourist license, but it is subject to Law 29/1994, of November 24, on Urban Leases.

You will need to comply with the regulations of this law, which govern the duration of the contract, the security deposit, rent revision, repairs, etc.

2. Seasonal Rental (for periods longer than 31 days)

If you want to rent your property for shorter periods, but longer than 31 days, this can be considered a seasonal rental, which is not subject to the strict regulations of tourist rentals. You will not need to obtain a tourist rental license in this case.

However, it is important to ensure that you comply with local regulations regarding contracts and that you do not offer the rental for less than 31 days.

3. Check Local Legislation

In Catalonia, each municipality may have different rules regarding tourist rentals, depending on local housing pressure or urban planning rules. Make sure to check your municipality’s regulations to know the specific rules to follow.

Some municipalities may not offer tourist rental licenses in certain areas but may allow rentals under other conditions.

4. Rent to Workers or Students

You can also rent your property to workers or students for longer periods, such as renting rooms. This usually requires a long-term rental contract but may not be subject to the same restrictions as tourist rentals.

5. Request an Exception or Special License (if applicable)

In some cases, if you have a particular property, it may be possible to request a special exception from the local authorities to obtain a tourist rental license, even though it seems difficult due to the strict regulation. This will depend on the specific criteria of the municipality.

6. Consult a Lawyer or Real Estate Expert

If you are unsure about the legal possibilities or procedures to follow, it might be helpful to consult a lawyer specializing in real estate law or a local advisor. They can help you understand your options and determine the best approach based on your specific situation.

Conclusion:

If you cannot obtain a tourist rental license in Catalonia, long-term rental or seasonal rental (over 31 days) remains the simplest and legal option. It is essential to ensure you comply with local rules and consult legal experts if needed to avoid any illegal situation.