On 25 February 2025, the regional government of Catalonia (Generalitat de Catalunya) passed Decree Law 2/2025 on urgent housing and urban planning measures with major implications for owners of five or more properties in the region.
The decree was published in the Official Gazette (DOGC) on the 26th of February brining it into force but must be ratified by the Parlament de Catalunya within 30 days. If not ratified, it will cease to have legal effect.
The text introduces a series of significant, yet in some cases unclear, provisions affecting public works, urban planning regulations, and the promotion of public housing. Below is a summary of the key measures:
Register of large property holders
The creation of a Register of Large Property Holders was already foreseen under Law 1/2022, of 3 March, but it has not yet been implemented. Until now, the obligation to register applied only to legal entities. Under Decreto Ley 2/2025, this obligation is extended to include both legal entities and individuals who qualify as large property holders.
As the register has not yet been created, the decree establishes an interim obligation:
- All large property holders must notify the Agència de l’Habitatge of their status and declare the number of residential properties they own.
- No specific method of communication or deadline has been established.
Additionally, a temporary requirement applies exclusively to legal entities. Until the register is operational, legal entities wishing to transfer a property located in a Tense Residential Market Area must provide a land registry certificate confirming the number of properties they own. This certificate must be included in the public deed of sale (escritura de compraventa).
Pre-emptive acquisition rights (tanteo and retracto)
The decree introduces a pre-emptive acquisition right in favour of the Generalitat de Catalunya over the sale of properties in ‘Strained Residential Market Areas’ (zona de mercado residencial tensionado). The main implications are as follows:
- Any transfer of a property by a large property holder that is a legal entity (a company) in a strained residential market area is subject to this pre-emptive right. This applies to both first and subsequent sales while the decree remains in force.
- Properties awarded through administrative or judicial auctions are also subject to the Generalitat’s pre-emptive right.
- Transfers of new-build homes to individuals for personal use are excluded from this right. “Personal use” is understood to include both primary and secondary residences used by the owner.
Exception to the pre-emptive right
The Generalitat will not exercise its pre-emptive right in the sale of a property located in a tense residential market area by a legal entity large property holder to an individual buyer who meets the following conditions:
- The buyer is registered as an applicant for social housing.
- The buyer commits to applying within one month of purchase for the property to be officially designated as social housing, permanently.
- The buyer agrees to use the property as their main residence for at least 10 years.
There is some ambiguity in the wording of the decree as to whether all three conditions must be met, or if meeting just one is sufficient to trigger the exception. However, the conservative interpretation is that all three conditions are required.
Final considerations
Decreto Ley 2/2025 introduces obligations that impact both legal entities and private individuals owning five or more properties. Despite its immediate effect, the lack of detail in key areas — such as registration procedures and communication channels — creates uncertainty, and further clarification from the Generalitat is expected.
The impact on property transactions, particularly in strained residential market areas, is significant, as the Generalitat’s pre-emptive rights and new administrative requirements may affect sales timelines and processes. Those involved in property ownership and transactions in Catalonia should closely monitor the progress of the decree’s ratification and any subsequent regulatory developments.
