New Legal Framework for Temporary Leases and Room Rentals (Law 11/2025)
The Government of Catalonia has approved Law 11/2025, of 29 December, on housing and urban planning measures, introducing a new regulatory framework for temporary leases and room rentals.
The reform seeks to prevent these contractual forms from being used to circumvent the legal regime applicable to permanent residential leases. Find below the major changes and key aspects of the new regimen.
1. Entry into force: 1 January 2026
2. Temporary Leases: A Narrower Scope
The law introduces a new definition of permanent residential lease, which now includes any lease intended to satisfy the tenant’s housing needs, regardless of its agreed duration.
Only leases for recreational, tourist or holiday use are excluded, provided that such purpose is expressly stated in the contract.
What changes in practice?
Temporary leases based on:
- professional or employment reasons,
- studies,
- medical care or assistance,
- provisional situations (e.g. awaiting delivery of a dwelling or return to the habitual residence),
will now be subject to key rules applicable to permanent residential leases, including:
- security deposits and guarantees,
- rent determination and updating,
- rent increases due to improvements,
- allocation of general expenses and individual services.
3. Documentation is key
The temporary purpose must be expressly stated and documentary evidence must be provided and deposited with the Incasòl together with the security deposit.
If no alternative use is properly evidenced, the lease will be presumed to be for permanent residential use.
4. Renewals and consecutive contracts
- If a temporary lease is extended but the tenant fails to re-accredit the temporary purpose and residence elsewhere, the lease will be reclassified as permanent residential, with statutory minimum duration calculated from the initial contract date.
- A new contract signed with the same tenant for the same dwelling will also be deemed permanent, unless the landlord proves that the temporary circumstances persist.
5. Room Rentals: No Escape from Residential Rules
Room rental agreements are defined as contracts granting:
- exclusive use of a room, and
- shared use of common areas, in exchange for a price.
Two key safeguards apply:
- Compliance with minimum surface standards per person and maximum occupancy limits, as set out in sectoral regulations and the certificate of habitability.
- Fragmentation by rooms does not avoid residential lease rules. In stressed residential areas, the aggregate rent of simultaneous room rentals may not exceed the maximum rent applicable to the dwelling as a whole.
6. Increased Supervision and Enforcement
A new Supervisory Commission on Residential Lease Agreements is created to:
- oversee digital rental platforms and portals, and
- monitor compliance with housing lease regulations.
!!! This significantly increases the risk of detection of non-compliant practices, such as unjustified temporary leases or room fragmentation to bypass rent caps.
7. Register of Large Housing Owners
The law establishes a Register of Large Housing Owners, managed by the Catalan Housing Agency.
Large housing owners must:
- register their status, and
- declare the number of dwellings they own.
8. Expanded Pre-emption and Redemption Rights
New cases subject to the pre-emption and redemption rights of the Government of Catalonia include:
- transfers of dwellings located in stressed residential areas owned by registered legal-entity large housing owners;
- allocations of dwellings arising from administrative or judicial auctions.
🆕 Exception
Newly built dwellings are exempt for one year from the issuance of the certificate of habitability.
Contact with us if you have any questions or require further information.