Housing

No, in the new rental contracts for regular housing, the rental price in Barcelona is regulated. This implies that there is a maximum rent set by the regulation for each property.

The maximum rental price is determined by the upper end of the price range set by the state index. In other words, this index establishes a price range that spans from the lowest to the highest possible price.

This range represents the negotiation margin within the regulations outlined by the index, which both the owner and the tenant must agree upon.

The maximum rental price depends on whether the property owner is the owner of multiple properties or not:

If the property owner is the owner of multiple properties, the rental price will necessarily be the lower of these two options:

• The result obtained by applying the reference index.
• If the property has been leased within the last 5 years, the updated rent from the previous lease agreement.

If the rent from the previous lease agreement exceeds the amount determined by the reference index, the owner of multiple properties must adhere to the rent specified in the index.

If there has been no lease in force for the last five years, the rent will be determined by the reference index.

If the owner is NOT a multi-property owner, they are obliged to set the rent at the rate of the previous contract that has been in force for the dwelling for the last 5 years. The law allows that if the reference index sets a lower rent, the owner may voluntarily (but is not obliged to) choose to set the rent according to the reference index.

If there has been no lease in force for the last five years, the rent will be determined by the benchmark rent.

The fixed price range (reference index) is only available in the State rental price reference index.

In Barcelona, it applies to all contracts signed after the publication of the rental price reference index.

The only reference rental price index is the one published by the State.

The landlord can only increase the rental price of the previous contract, up to a maximum of 10%, if any of these conditions are met:

• The property has undergone refurbishments or improvements in terms of energy efficiency or accessibility within the two years preceding the new contract.
• The new contract is signed for a period of 10 years or more, or a right of extension of 10 years or more is established, which the tenant may voluntarily apply for.

As far as rent restrictions are concerned, the new rent regulation will not affect you. The rent cap will only apply to contracts signed after the publication of the declaration of Barcelona as a stressed residential market area.

For all contracts in force that complete the corresponding annual period before 31 December 2024, the following regulations apply:

• If the property is owned by an owner of multiple properties, the increase may be agreed upon, but it must not exceed 3% or the increase in the Consumer Price Index (CPI) if it is less than 3%.
• If the property is not owned by an owner of multiple properties, the increase may be agreed upon by both parties. In the absence of an agreement, the increase must not exceed 3% or the increase in the CPI if it is less than 3%.

No, the landlord is not obliged to provide a new lease. Although Law 12/2023 of 24 May limits the rental price that the new lease must comply with in stressed residential areas, it does not require the owner to sign a new lease with the same tenant.

No, new fees or expenses that were not agreed upon in the previous contract cannot be introduced.

In the case of Barcelona, given the entire city has been declared a stressed residential market area, the property owner is obligated to extend rental contracts in an extraordinary manner if the tenant requests it. This extension will have an annual duration but can be prolonged for a maximum of 3 years.

This regulation must be adhered to regardless of whether the owner is an owner of multiple properties or not, and it applies to all leases that come to an end.

The extraordinary extension is applicable from the moment of the entry into force of Law 12/2023 (26 May 2023) for all contracts, including those signed before its entry into force, because it is an extraordinary measure.

Yes, there are the following exceptions:

• If there is an agreement between the parties that establishes other terms or different conditions for the extension.
• If the parties have signed a new contract with the legally established rent limitations.
• If the lessor needs the property for themselves or their spouse in the case of separation, divorce, or marriage annulment that assigns them the habitual residence by a court ruling, or for their first-degree relatives (parents or children).

You can request the extension annually, for a maximum of 3 years.

The price of rent is limited in Barcelona because it is established by State Law for the right to housing 12/2023, and because Barcelona has been declared a stressed residential market area.

It signifies an area where there is insufficient affordable housing available for the resident population.

Declaring an area as a stressed residential market area requires a report justifying this designation. This indicates that the average load of the cost of mortgage or rent on personal or household budgets, combined with basic expenses and supplies, exceeds 30% of the average income or average household income. Additionally, it signifies that the purchase or rental price of housing has experienced a cumulative growth percentage of at least three percentage points higher than the cumulative growth percentage of the consumer price index of the corresponding autonomous community in the five years prior to the declaration.

Although Barcelona was declared a stressed residential market area in June 2023 by the Barcelona City Council, the application of the rental price limits provided for in Law 12/2023 is effective from the publication of the resolution by the Ministry of Housing and the Urban Agenda.

In Barcelona, an owner of multiple properties (OMP) is a natural person or legal entity that owns five or more dwellings (whether in physical or legal ownership).

Generally speaking, an owner of multiple properties is a natural person or legal entity that owns more than ten urban properties for residential use or a built surface area of more than 1,500 m² for residential use, excluding garages and storage rooms.

Only in a stressed market residential area is a property considered an owner of multiple properties if the natural or legal person is the owner of 5 or more dwellings.

Yes, it can certainly be claimed through judicial channels: through a judicial claim of amounts subsequent to the signing of the contract. Additionally, one can seek assistance from consumer protection organizations.

No, seasonal contracts are excluded from the application of this legislation.

This is a fraud on the law and if the property does not acknowledge that it is a residential lease, legal action should be taken.

Regardless of whether or not the property is owned by an owner of multiple properties, the corresponding index will be applied.

The new contract must include, among other information (according to Article 31 of Law 12/2023):

• The value of the reference index (€/m²), accompanied by the document that generates the rental price indexation system.
• If the rent is determined by a previous contract, the last rent of the rental contract in force in the last five years must be stated.

The preceding inquiries and responses provide a concise introduction to understanding the fundamentals of recent rental regulations. For further insights, individuals can seek assistance from the Barcelona Housing Offices Network, where legal counsel is available. Utilizing the 'Housing calls you' service allows for scheduling appointments for tailored telephonic support, eliminating the necessity for physical office visits. If an in-person procedure is mandatory, arrangements will be made to specify a designated date and time for an office visit.