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Following the entry into force of Law 12\/2023<\/strong> on the right to housing<\/strong>, along with amendments to Spain\u2019s Civil Procedure Act (LEC), landlords classified as large-scale<\/strong> \u2014 meaning those who own more than ten residential units (or more than five in certain regions like Catalunya) \u2014 were required to meet two procedural steps<\/strong> before filing an eviction or enforcement claim to recover possession of a property.<\/p>\n These two steps<\/strong>, which were treated as admissibility requirements, were:<\/p>\n These steps were mandatory and sequential: the second only applied if the first was confirmed.<\/p>\n After Law 12\/2023, of 24 May, on the Right to Housing<\/strong> came into force, a constitutional appeal was filed before the Constitutional Court<\/u>, challenging several of its provisions on the grounds that they infringed the right to legal defense and Article 24 of the Spanish Constitution.<\/p>\n On 29 January 2025, the Constitutional Court issued Ruling No. 26\/2025<\/strong>, published in the Official State Gazette (BOE) on 28 February 2025. The Court declared these procedural requirements unconstitutional for large-scale landlords, specifically annulling sections 6(c) and 7 of Article 439, as well as sections 1 and 2 of Article 655 bis, and by extension Article 685.2 of the LEC.<\/p>\n As a result, landlords falling under the “large-scale” definition are no longer required to prove tenant vulnerability or to initiate a prior mediation process before filing eviction or enforcement claims under Article 250.1 (items 1, 2, 4, and 7) of the LEC.<\/p>\n In short, large-scale landlords are no longer legally obliged to follow these preliminary steps<\/u> before pursuing legal action to recover a property.<\/p>\n\n