The situation of tourist apartments in Catalunya has undergone a significant change with the approval of Decree Law 3/2023, dated November 7, ratified by the Parliament on December 20, 2023. This decree, in force since November 9, 2023, introduces important regulations:

  1. Prior license: Establishes the need for a prior license to designate a property for tourist use in municipalities with housing access issues or a high concentration of tourist apartments. This license will have a duration of five years, extendable if the urban planning allows it.
  2. Compatibility of tourist use: Modifies the urban planning law, establishing that, in the mentioned municipalities, tourist use will only be compatible with residential use if urban planning explicitly allows it. This implies justifying the sufficiency of land designated for habitual housing, not compromising the protection of the urban environment, and respecting the principle of sustainable urban development. Until municipalities adapt their urban planning, no new licenses for tourist apartments can be granted.
  3. Transitional regime: Regulates a transitional regime for tourist apartments that were already authorized when the decree came into effect. These have five years to obtain the license or cease their activity. If the owner demonstrates that this period does not compensate for the loss of the enabling title, they can request a single extension of an additional five years from the municipality (a total of 10 years). This request must be made after four years from the entry into force and before the end of the fifth year.

The decree lists the affected municipalities, with a list valid for five years and subject to update.

This Decree Law has been challenged before the Constitutional Court, adding a layer of uncertainty about its future application.

At addwill, we understand the complexity of these new regulations. Our team of experts from the civil-real estate department is at your disposal to provide all the information and advice you need on this topic. You can leave your inquiry by clicking here.