If you’re thinking about renting out your flat or a room in Catalonia, it’s very important that you’re aware of the changes to the law that came into force on 26 April 2024. This new regulation mainly affects seasonal rentals (under 11 months) and room rentals.
Why has the rental law been changed?
The Catalan Government wanted to set limits on prices and prevent many landlords from circumventing the regulations on standard rentals by using temporary contracts or renting out by the room. Now, these types of rentals must also follow stricter rules.
What do you need to keep in mind if you want to rent out?
1. You must clearly state the purpose of the rental
If the contract is temporary (for example, for work or study), you must put it in writing. If this isn’t clear, the contract may be treated as a standard rental and you’ll have to follow the corresponding rules.
2. Capped prices
The rental price (both for the entire flat and for individual rooms) must comply with the law, especially if the property is located in a stressed market area (such as Barcelona or other large cities). There is a reference index that will help you find out the maximum you can charge.
3. You can’t charge more by renting out separately
If you rent out the flat by the room, the total sum cannot exceed the price you could charge if you rented out the whole flat as a single unit.
4. Holiday rentals are not covered by this rule
If you rent out the flat for tourism, leisure or one-off activities (such as for a trade fair, conference or sporting event), this rule does not apply. That said, you must be able to prove it.
What information must you include in the contract?
- The rental price the flat has had over the last 5 years.
- The value of the reference index.
- If you are a large-scale landlord (you own 5 or more flats), you must state this.
- The energy performance certificate and the certificate of occupancy.
And if you advertise the flat?
The advert must show:
- The price according to the index.
- The price of the last contract.
- Whether you are a large-scale landlord.
If you already have adverts published from before the new law, you must update them within 5 days.
What fines could there be?
If you don’t comply with the regulations, there may be penalties:
- Up to €900,000 if you charge far more than you’re allowed to or falsify data.
- Fines of €9,000 to €90,000 if you don’t state the purpose of the contract or charge for services you’re not entitled to.
- Fines of up to €9,000 for errors in the advert.
Other important points
- The Catalan Government reserves the right to purchase a property in the event that a large-scale landlord puts it up for sale.
- This new regulation complements another that already governed temporary rentals for work or study purposes.
In summary
If you want to start renting out your property, be very clear in the contract, respect the maximum prices and make your adverts the right way. You can save yourself a lot of trouble if you take the new regulations into account from the very start.
At La Caseta Blanca, we make it easy for you
At La Caseta Blanca, we offer you a personalised support service so that you can rent out your flat or room with complete peace of mind, advising you every step of the way so that you comply with the regulations and achieve the best returns safely.
Get in touch with us and we’ll take care of everything!