Law 11/2026: main changes affecting housing and residential leases in Catalonia
Law 11/2026 of 9 July introduces significant amendments to Catalan housing legislation, particularly regarding the definition of a large housing holder, rent-control rules, room rentals, property advertising, security-deposit registration, inspections and the sanctions regime.
The law was published in the Official Journal of the Government of Catalonia on 13 July 2026. As a general rule, it entered into force on 14 July 2026, while certain contractual obligations connected with the new definition of a large housing holder apply to agreements entered into from 1 August 2026.
1. New Catalan definition of a large housing holder
The reform introduces a new definition of a large housing holder under Law 18/2007 on the right to housing.
The following are considered large housing holders regardless of the number of homes they own:
Financial institutions.
Real-estate subsidiaries of financial institutions.
Investment funds.
Asset-management entities.
Venture-capital funds.
Asset-securitisation funds.
The following are also considered large housing holders:
Legal entities owning 10 residential urban properties anywhere in Spain, or 5 or more properties located in Catalonia.
Natural persons meeting the same ownership thresholds.
The exceptions described in the document include social-housing developers, certain legal entities where more than 15% of the habitable area of their Catalan housing portfolio is classified as protected housing intended for rent, and private non-profit entities providing housing to vulnerable persons.
This new Catalan definition is primarily used to determine the obligation to register in the Register of large housing holders and the obligations relating to social renting.
2. There is no single definition of a large housing holder
One of the most important aspects of the reform is that several definitions must be distinguished, depending on the applicable legislation and the purpose for which this status must be determined.
Definition under Law 24/2015
The definition is similar to the previous Catalan definition. However, in the case of natural persons, it requires ownership of more than 10 properties, meaning at least 11 properties anywhere in Spain, or 5 or more properties in Catalonia.
State definition applicable under the Urban Leases Act
Under Spanish Law 12/2023, a large housing holder is a natural or legal person owning:
More than 10 residential urban properties.
More than 1,500 m² of residential built area.
Garages and storage rooms are excluded from the calculation.
In Catalonia, the resolutions declaring areas to be stressed residential market zones have reduced this threshold. Within such areas, a natural or legal person owning 5 or more residential urban properties located within the same stressed area is considered a large housing holder.
This definition must be used when applying:
Rent-control rules to new agreements in stressed residential market areas.
The extraordinary extension available in situations of vulnerability.
Certain procedural requirements in court proceedings for the recovery of possession.
In these proceedings, the claimant must prove whether or not they are a large housing holder and must state whether the property is the defendant’s habitual residence.
Definition for tax purposes
According to the material provided, for tax purposes a large housing holder is a person owning:
10 or more residential properties.
More than 1,500 m² of residential property located in Catalonia.
5 or more residential properties located in stressed residential market areas.
Therefore, the same definition cannot automatically be applied in every situation. The applicable legal framework must be identified in each individual case.
3. New rules for counting residential properties
The law establishes three specific criteria for determining the number of homes attributable to a person.
Co-ownership interests
Undivided ownership shares are accumulated until they are equivalent to full ownership of one property.
For example, a 30% interest in one home, a 60% interest in another and a 10% interest in a third jointly amount to one complete residential property.
Properties held in undivided co-ownership
Where one of the co-owners qualifies as a large housing holder, the property must be treated as subject to the restrictions applicable to large housing holders, even where the other co-owners do not have that status.
Buildings without horizontal property division
Each residential unit counts as a separate home, even where the entire building has only one cadastral reference or constitutes a single registered property.
4. Property advertising and habitability certificates
The reform prohibits the marketing or advertising of a property intended for residential use unless it has a valid habitability certificate.
The mandatory information that already had to be included in advertising before the reform remains applicable. However, it is no longer necessary to publish or expressly disclose the details of the habitability certificate. The essential requirement is that the property actually has a valid certificate.
5. New regulation of room-rental agreements
The law broadens the definition of room rental.
For the purposes of rent-control rules, a room-rental agreement includes any legal transaction granting a tenant, assignee, occupant or user, in exchange for financial consideration:
Exclusive residential use of one room.
The right to use the common areas of the dwelling.
The formal title given to the agreement does not alter its legal classification. Dividing a dwelling into several separate agreements therefore does not allow the parties to avoid the rules applicable to residential leases.
The following requirements apply to these agreements:
The security deposit must be lodged with INCASÒL.
The contract details must be registered.
The contractual purpose must be reported to the security-deposit register.
In stressed residential market areas, the total rent charged for all rooms may not exceed the maximum rent that would apply if the dwelling were rented as a single unit.
6. Broader definition of rent
The law adopts a very broad definition of rent, price or financial consideration.
It includes any monetary amount or economically assessable benefit that the tenant must pay, directly or indirectly, in order to use the dwelling or room.
The following are expressly included:
Amounts treated as equivalent to rent.
General expenses.
Individually metered services.
Fees.
Recharged expenses.
Compulsory services.
Any other contractual amount connected with residential use.
This provision is intended to prevent statutory rent caps from being exceeded by adding other financial items to the monthly payment.
The law does not expressly refer to taxes thus we can interpretate that property tax and the waste-collection charge may be charged separately from the rent.
7. Voluntary correction of rent overcharges
A voluntary correction procedure is introduced for cases where an inspection finds that the total amount paid exceeds the statutory maximum by no more than 5%.
The authorities may require the landlord to take corrective action and offer the possibility of:
Amending the agreement so that it complies with the statutory maximum.
Refunding the tenant the amounts overcharged, without interest.
Providing proof of compliance to the authorities within the deadline granted.
Where there is no repeat offence and the landlord fully complies with the correction requirements, no sanctions procedure will be initiated.
8. Strengthening of the sanctions regime
The reform significantly tightens the system of infringements and penalties.
Very serious infringements
The following are classified as very serious infringements:
Failing to state the purpose of the agreement.
Stating a simulated, false or fraudulent purpose.
Charging real-estate management or contract-formalisation costs where rent restrictions apply.
Introducing fees, expenses, services or financial items that were not expressly charged under the previous agreement.
Charging rent above the statutory limit.
Serious infringements
The following are considered serious infringements:
Failing to state in the agreement the maximum price resulting from the applicable index or the previous agreement’s last rent.
Stating a previous rent or maximum amount higher than the legally applicable amount.
Failing to disclose large housing holder status.
Failing to lodge the security deposit with INCASÒL for room-rental agreements.
Breaching reporting obligations to the Register of large housing holders.
Obstructing the authorities’ information, verification, inspection or supervisory functions.
New minor infringement
Entering into a legal transaction without holding a valid habitability certificate is introduced as a new minor infringement.
9. Amendments to compulsory social renting
Law 24/2015 maintains the obligations imposed on large housing holders to offer social rental agreements, but changes the method used to calculate the applicable rent.
The rent payable by the beneficiary will be:
The rent resulting from the rent-control regime, reduced by 5%, where the dwelling is situated in a municipality subject to rent controls.
The average Catalan rental-price reference index, also reduced by 5%, where the municipality is not subject to rent controls.
10. Pre-emption and redemption rights in certain property transfers
The reform subjects the transfer of residential properties to a statutory pre-emption right where all the following circumstances apply:
The dwelling is located in a stressed residential market area.
The selling owner is a legal entity qualifying as a large housing holder.
The owner is registered in the Register of large housing holders.
Accordingly, before completing certain transfers, it will be necessary to verify the location of the property, the seller’s status and whether the seller is properly registered.
Conclusions
Law 11/2026 expands administrative oversight of residential leases and particularly strengthens transparency, disclosure and compliance obligations relating to statutory rent limits.
The main practical consequences are:
The applicable definition of a large housing holder must be correctly identified in each case.
The rules for counting properties must be reviewed.
Residential properties may not be marketed without a valid habitability certificate.
Room rentals are subject to registration requirements and, in stressed areas, to the dwelling’s overall rent cap.
Any expense or service linked to residential use may fall within the broad definition of financial consideration.
Agreements must correctly state their purpose, the previous rent, the applicable statutory limit and the landlord’s large housing holder status.
Non-compliance may result in minor, serious or very serious infringements.
In view of this new legal framework, it is particularly advisable to review contract templates, property advertisements, billing and expense-recovery systems, and the procedures used to lodge security deposits and report information to the relevant registers.
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