Temporary and room rentals: legal requirements in Catalonia

Since 1 January 2026, seasonal and room rentals in Catalonia have been subject to a strict legal regime that eliminates any regulatory loopholes regarding rent control. If you are a landlord and do not provide documentary proof of the temporary nature of the letting when depositing the tenancy deposit with the Catalan Land Institute (INCASÒL), the contract is legally presumed to be for a habitual dwelling, subject to mandatory five-year extensions and current reference prices.

The legal framework of Law 11/2025 and articles 66 bis and 66 ter

The Official Journal of the Government of Catalonia (DOGC) published Law 11/2025, of 29 December, which came into force on 1 January 2026, amending Law 18/2007 on the right to housing. This reform introduced two crucial provisions: articles 66 bis and 66 ter.

The regulation formally classifies any temporary letting intended to meet educational, work, medical or assistance needs as a residential tenancy, exclusively excluding regulated tourist or holiday uses. The legal consequence is direct: temporary contracts and room rentals are equated with permanent residential tenancies in terms of rent caps and habitability rights, unless proven otherwise with reliable documentation.

Mandatory accreditation with INCASÒL and presumption of habitual dwelling

Until this regulation came into force, many landlords resorted to eleven-month contracts under the non-residential use regime of the Urban Leases Act (LAU). With Article 66 ter in force, this mechanism requires strict documentary justification.

To formalise a valid temporary rental in Catalonia, you must follow two mandatory steps:

• Prove the temporary reason: the tenant must provide an employment contract with temporary relocation, a university or postgraduate enrolment, a medical treatment certificate, or a justified personal reason with a foreseeable end date.
• Deposit the reason along with the tenancy deposit: when depositing the mandatory legal tenancy deposit in the INCASÒL census register, you must attach a copy of the contract and the documentation justifying the temporary reason.

If this documentation is not presented to the public body, a legal presumption applies: the contract is considered a habitual dwelling for all legal purposes. The tenant may demand the minimum duration of five years (or seven if you are a legal entity) and the refund of any rent charged above the legal limit.

Stressed areas: 302 municipalities and the limit on room rentals

In July 2026, the Government of the Generalitat de Catalunya updated the declaration of Stressed Residential Market Areas (ZMRT), increasing coverage to 302 municipalities after incorporating 53 new localities and excluding 22 (expanding the block of 271 municipalities officially recognised in October 2024 by the Ministry of Housing and Urban Agenda, MIVAU). Almost 7 million people reside in these areas under the application of the MIVAU Reference Price Index.

In these regulated areas, the threshold for a large landlord is set at 5 or more urban residential properties within the declared zone. Furthermore, Catalan regulations close the loophole of circumventing the index by dividing the property:

• Joint cap for rooms: the sum of the amounts set in each room contract cannot exceed the maximum rent applicable to the property as a whole, calculated according to the previous contract or the official index.
• certificate of occupancy: the property cannot accommodate more people than permitted by the maximum threshold set in the certificate of occupancy issued by the Agència de l'Habitatge de Catalunya.
• Access to communal areas: the contract must specify the right to shared use of the kitchen, bathroom, and living areas, guaranteeing minimum conditions of residential dignity.

According to data from INCASÒL's tenancy deposit census register, released by the Department of Territory, Housing and Ecological Transition, in the second quarter of 2026, the average closing price for monthly rentals formalised in new contracts was 877.81 €/month in Catalonia and 1,140.89 €/month in Barcelona city. In municipalities declared ZMRT, the average closing rent was 894.05 €/month, with effective containment reflecting an increase of +0.7% compared to previous unregulated periods (versus an accumulated CPI of 6.8% over the same period).

Illustrative example: room rental in Sabadell

To understand the economic and legal impact of the regulation, let's take an illustrative example of a three-bedroom flat in Sabadell that has previously been rented within a stressed area.

• Previous contract rent: 856 €/month (an amount that matches the average rent registered by INCASÒL in Sabadell during the January to June 2026 period, across 1,336 contracts).
• Landlord's plan without adjusting to the law: to rent 3 independent rooms at 400 €/month each, totalling a monthly rent of 1,200 €/month.
• Required legal limit: the sum of the 3 rooms cannot exceed the price of the previous contract (856 €/month), except for permitted updates. Therefore, the landlord must distribute these 856 € among the three rooms based on their size and use (for example: large room at 320 €, medium at 280 €, and small at 256 €).

If the landlord were to charge 1,200 € without respecting the overall limit, tenants could legally claim back the excess amount received (344 € undue monthly), in addition to the landlord being exposed to administrative sanctions from the Generalitat.

Key requirements to comply with regulations

To manage short-stay or room rentals in the regions of Vallès, Moianès, or the Barcelona metropolitan area with full legal certainty, it is advisable to follow these technical steps:

1. Check the municipality's status: verify if the municipality is included in the updated list of 302 stressed areas in Catalonia.
2. Request justification before signing: do not formalise temporary contracts if the tenant does not provide prior documentary proof (employment contract, academic enrolment, etcetera).
3. Draft the temporary clause explicitly: clearly state the specific reason, the tenant's permanent habitual address, and the unextendable departure date.
4. Deposit the tenancy deposit and register the reason with INCASÒL: complete the online process, providing the contract and documentation for the reason within the legal period of two months from formalisation.
5. Review the certificate of occupancy: check that the number of occupants per room does not exceed the limit permitted by the Generalitat.

If in doubt about the drafting of clauses or the calculation of the maximum applicable rent, it is prudent to cross-reference the draft with a legal advisor or a registered property manager.