Article 5 of Law 11/2025 of 29 December on housing and urban planning measures, which came into force on 2 January 2026, significantly tightens the legal framework governing how homes are rented out in Catalonia, particularly in relation to temporary lets and room rentals. The underlying policy objective is to prevent the misuse of contractual forms to bypass tenant protections and rent controls, especially in zones declared as residential market stress areas.
In practice, Article 5 makes it much harder for landlords to label a letting as “temporary” unless it genuinely is — and can be proven to be.
1. “Contract in fraud”: a new legal risk for landlords
Article 5 introduces a new concept into Catalan housing law: the “contract in fraud”.
A contract is considered fraudulent if it intentionally includes clauses or practices that:
- Mislead the tenant, or
- Distort the contractual balance in housing matters.
This explicitly targets arrangements designed to avoid rent caps, minimum duration rules, or tenant protections by misclassifying the type of tenancy (for example, calling a permanent let a “temporary” one).
This change strengthens the hand of inspectors and courts when reclassifying contracts.
2. Broader definition of indirect discrimination
The law expands the definition of indirect discrimination in housing, making clear that it can arise from:
- Clauses in rental contracts
- Simulated contracts
- Contracts in fraud
- Apparently neutral practices that disadvantage certain tenants
For landlords, this increases exposure to challenges where contract structures systematically disadvantage certain groups, even if no explicit discrimination is intended.
3. Temporary lets are now treated much like permanent housing
Temporary housing is still “housing”
Article 5 introduces a crucial principle:
Any rental that satisfies a person’s housing need is treated as housing, regardless of duration.
Temporary lets are allowed only where the tenant’s need is genuinely temporary, such as:
- Work or professional reasons
- Studies
- Medical treatment
- Temporary situations pending delivery of another home or return to a main residence
Holiday, leisure, and recreational lets are excluded — but must be clearly identified as such.
4. Key obligation: justify and document the temporary nature
For all temporary lets (except pure holiday use):
- The reason for temporariness must be stated in the contract
- The landlord must hold documentary evidence proving that reason
- That documentation must be deposited together with the rental deposit in the official deposit registry
If this documentation is missing or insufficient, the law creates a legal presumption that the rental is for permanent housing.
The consequence is severe: the contract is reclassified and subject to the full regime of permanent residential tenancies, including minimum duration rules.
5. Rent limits apply to temporary lets in stressed areas
Article 5 explicitly applies key parts of the Spanish Urban Leases Act (LAU) to temporary lets, including rules on:
- Rent determination and updates
- Rent increases for improvements
- Allocation of general and individual service costs
- Deposits and additional guarantees
In residential market stress areas, this means:
- Temporary lets are subject to the same rent caps as permanent rentals
For many landlords, this removes the pricing flexibility that previously made short- and medium-term lets more attractive.
6. Extensions and renewals: a major trap
The law draws a sharp distinction between:
a) Extensions (prórrogas)
Temporary contracts may be extended only if:
- The original temporary reason still exists, and
- The tenant can again prove residence elsewhere
If not properly justified, the contract is automatically treated as permanent from the start date of the original contract.
b) New contracts with the same tenant
If a temporary contract ends and a new contract is signed:
- With the same tenant
- For the same property
The new contract is treated as permanent housing, unless the landlord can prove that the temporary circumstances still apply.
This provision is designed to stop the chaining of temporary contracts.
7. Room rentals: income is capped at property level
Article 5 introduces a specific regime for room rentals:
- Renting by rooms does not change the legal nature of the property as housing
- Habitability rules (surface per person, occupancy limits) must be respected
- In stressed market areas, the total rent from all rooms combined cannot exceed the maximum rent that would apply if the property were rented as a single unit
This directly impacts landlords and operators relying on higher aggregate income through room-by-room letting.
What this means in practice
For landlords in Catalonia, Article 5 means:
- Temporary rentals are now high-risk unless carefully documented
- Rent caps apply far more broadly than before
- Poorly drafted contracts can be reclassified retroactively
- Renewals and repeat contracts require extreme caution
- Room rental strategies are significantly constrained
In short, form no longer protects substance: how the property is actually used — and whether that use can be proven — is now decisive.
You can read the law in Spanish published here: Law 11/2025
It is worth noting that this is not the first attempt by the Catalan authorities to regulate seasonal and room rentals. In April 2024, the Generalitat introduced Decree Law 6/2024 on urgent housing measures, which came into force on 26 April 2024, just ahead of the regional elections. That decree sought to address many of the same issues now covered by Law 11/2025, including the regulation of mid-term and seasonal rentals, room rentals, new disclosure and reporting obligations, a sanctions regime, and expanded powers for the administration. However, as a decree law it required parliamentary ratification within 30 days, which it failed to obtain. As a result, it expired after just one month in force. Law 11/2025 can therefore be seen as a reworked and politically consolidated version of that earlier, short-lived intervention, this time enacted through ordinary legislation rather than emergency decree.
Important note: This guide is not a substitute for legal advice
This guide is provided for informational and orientation purposes only and is not intended as a substitute for professional legal, financial, or other advice. While every effort has been made to ensure the accuracy and completeness of the information provided, no warranties or guarantees, express or implied, are made regarding its accuracy, completeness, or currency. The information contained in this guide may be outdated or subject to change without notice. Use of this guide is at your own risk, and the authors, publishers, and distributors accept no responsibility or liability for any losses or damages that may result from its use. It is strongly recommended that you consult a qualified professional for specific advice pertaining to your situation.
