Consumer Affairs orders the withdrawal of 8,300 seasonal rentals: impact in Catalonia

On 23 October 2026, the Ministry of Social Rights, Consumer Affairs and Agenda 2030 required two major digital platforms to immediately withdraw 8,318 irregularly marketed property listings. This administrative action, channelled through the notification mechanism of the European Union's Digital Services Act (DSA) and supported by the General Law for the Defence of Consumers and Users, aims to curb fraud in seasonal contracts used to circumvent rent controls and evade sector-specific tourist regulations.

What's Changing

The state requirement is based on the framework established by Royal Decree-Law 29/2026, of 6 October (in force since 8 October 2026), which introduced key amendments to the Urban Leases Act (LAU):

• Strict 31-day threshold: It is prohibited to advertise or formalise seasonal tenancies for a period equal to or less than 31 days. Any stay below this duration is legally classified as tourist or holiday accommodation, obliging the owner to have the mandatory urban planning and sector-specific licence.
• Mandatory documentary justification: For a seasonal contract to be valid, the owner must require and attach in writing demonstrable justification for the displacement (work, study, or medical treatment reasons). If there is no accredited reason, the contract is automatically reclassified as a habitual dwelling tenancy, subject to mandatory extensions of five or seven years.
• Maximum time limit and chaining: Temporary rent cannot exceed a general duration of 12 months, nor does it allow for chaining more than two successive contracts for the same property and tenant.

Who is Affected

The measure directly affects private owners and managing agencies that market properties through digital portals and intermediation platforms. Of the 8,318 adverts detected by the Directorate General of Consumer Affairs, 6,772 offers were concentrated in the Comunidad de Madrid (6,523 in the capital), while the remaining 1,546 correspond to other markets with high tourist and urban pressure, such as Barcelona and its metropolitan area.

Digital platforms receiving the requirement are liable to serious sanctioning proceedings for infringement of Article 47 of the Revised Text of the General Law for the Defence of Consumers and Users, as adverts with a calendar showing nights or weeks under the seasonal label are classified as misleading advertising and an unfair practice.

What it Means if You Own a Property in Catalonia

In Catalonia, the state action converges with its own fully valid autonomous regional legislation: Law 11/2025, of 29 December (in force since 1 January 2026), which incorporated articles 66 bis and 66 ter into Law 18/2007 on the right to housing.

This double layer of regulation implies specific requirements for any owner in Vallès or Barcelona:

• Property in a stressed area: In municipalities declared stressed residential market areas (such as Sabadell, Terrassa, Granollers or Rubí), temporary contracts for work or training purposes are also subject to the rent price limitation regime.
• Mandatory registration with INCASÒL: When depositing the security deposit with the Institut Català del Sòl (INCASÒL), the landlord must obligatorily present the documentary justification for the temporary nature. Without this document, the deposit is not validly registered.
• Risk of forced reclassification: Catalan inspection bodies and courts interpret any seasonal stay without proven justification as a permanent dwelling, consolidating the tenant's rights against attempts to set unrestricted rents or demand evictions at the end of short terms.

What to Do Now

If you market a property or manage non-residential rentals, you should immediately adopt the following precautions:

1. Adapt adverts on portals: Always set the minimum stay above 31 days. If the portal allows bookings for individual days or weeks without a tourist accommodation licence (HUT), remove the advert to avoid requirements or blocks.
2. Require documentation before signing: Request official documents from the prospective tenant before formalising the contract: university enrolment, fixed-term employment contract, company relocation letter, or hospital treatment certificate.
3. Include the temporality clause and annexes: Detail precisely in the body of the contract the reason for the transitory nature and the tenant's habitual permanent address. Attach the supporting copies.
4. Comply with INCASÒL procedure: Process the deposit of the security deposit within the legal period of two months, attaching the contract and the causal justification.