El veto catalán a los pisos turísticos, bajo la lupa de la UE

The European Commission is examining whether a decree law approved by the Catalan Parliament, which allows Barcelona and other municipalities to withdraw tourist rental licenses in 2028, complies with EU law. The lengthy tension between the Barcelona city hall and property owners holding tourist rental licenses has reached Brussels.

The European Commission has initiated a pre-infringement procedure against Spain due to the city's plan to withdraw all tourist rental licenses by the end of 2028. This mechanism is activated by the EU executive when a possible violation of European law is detected or when a state improperly transposes a directive.

While Brussels does not disclose the number of such cases it is handling, the portal for transparency provides details by theme. Among these, the Catalan decree 3/2023, along with autonomous regulations of the Balearic Islands, Canary Islands, and the municipality of Toledo, are also included. A pre-infringement procedure precedes the start of an official sanctioning procedure and aims for a quick and agreed resolution to avoid litigation at the European Court of Justice (ECJ). If the ECJ finds violations, it can impose sanctions, though cases often take many years.

In Barcelona's case, the municipal ban comes into effect on November 9, 2028, exactly five years after the Catalan norm's approval. The Supreme Court of Catalonia and the Supreme Court upheld the municipal limits. This issue reached EU instances due to the European Holiday Home Association (EHHA), an umbrella entity that brings together national associations of short-term rentals.

According to EHHA, the Catalan law violates private property rights and the freedom of business, establishment, and provision of services, as enshrined in the Charter of Fundamental Rights and the EU Treaty. The ECJ's decision in the "Smart Flats" case of late October signals that short-term rental regulations must be necessary and proportionate, with limited discretion.

The European Holiday Home Association's general secretary, Catherine Starkie, stated that limits cannot be decreed "without evidence of a real impact." The EU's Services Directive (2006/123/EC) allows for the introduction of limits only if their necessity is proven in a proportional and non-discriminatory manner. These conditions were also present in the draft regulation on affordable housing, announced by the Commission in September and now to be negotiated with the European Parliament and the Council.

The draft advocated for the regulation of short-term rentals, provided they are necessary. Both the Barcelona city hall and the Generalitat (Catalan government) claim their push for regulation is justified, but industry representatives argue otherwise. Amsterdam and Paris have tightened their rules, as has the Brussels region, while New York has ended this activity, having never issued any licenses.

Catalonia's decree was pushed through in the previous legislature under President Pere Aragonès (ERC) and later by Salvador Illa and now opposed by the PSC party's Jaume Collboni, who defends "freedom." The decree allows any of Catalonia's 261 municipalities with housing access issues, more than five tourist rentals per 100 inhabitants, or both to set a maximum limit of ten licenses.

Once granted, licenses cannot be renewed for five years. Barcelona had issued licenses without expiration until 2014, when it activated an initial temporary moratorium. In 2017, the moratorium was extended indefinitely, leading to the current total of 10,627 licenses, which the city claims are necessary. Barcelona's plan also includes a proposed increase in the Property Tax (IBI) between 50% and 150%, depending on the number of licenses a property owner holds.