Decree Law 1/2025: on urgent measures for the regulation of incomes in Catalonia
Decree Law 1/2025, published in the Official Journal of the Generalitat de Catalunya (DOGC) on the 29th of January 2025, came into force on the 30th of January 2025.
The measures set out in this regulation are intended to protect tenants requiring permanent housing in areas classified as a stressed market. These provisions are in line with recent legislative reforms and also strengthen the sanctioning regime to ensure that they are fully effective.
New information obligations are also established in advertisements, rental offers and rental contracts. These include:
- The indication of the price resulting from the rental reference index.
- Mention of the amount of the last rent of the rental contract.
- The obligation to inform if the owner is considered to be a large tenant, provided that the property is located in a stressed residential market area.
Measures to protect consumers and users in the real estate market.
- The prevention of indirect discrimination derived from fraud or simulations in rental contracts is recognised as a public protection action, guaranteeing equal access to housing (Art. 45.3 b) Law 18/2007).
- It is specified that all advertising of housing in areas with a stressed residential market must include the rental price according to the reference index or, if applicable, the amount of the last rent registered in the previous contract. (Art. 59 g) Law 18/2007).
- It is established that lease offers must contain detailed information about:
- The price of the last rent recorded in the last five years or, failing this, the amount determined by the rental reference index.
- The owner’s status as a major tenant, in the event that the property is located in a stressed market area (Art. 61.2 Law 18/2007).
- Advertisements and rental offers published before the entry into force of this Decree-Law must be updated in accordance with these provisions within a maximum period of five days.
Mandatory information in rental contracts in stressed areas
Rental contracts for dwellings located in stressed markets must include the following elements, as stipulated in Art. 66.2 of Law 18/2007:
- Price of the last rent recorded in the last five years or, failing that, the amount of the rental reference index.
- Indication of whether the owner is a large tenant.
- The purpose of the contract.
In addition, at the time of conclusion of the contract, the tenant is entitled to receive:
- A document certifying the rental price based on the reference index.
- The certificate of occupancy or an equivalent document.
- The energy efficiency certificate, if applicable.
- Proof of the purpose of the contract.
Penalties
New infringements are typified in the area of leases:
Very serious infringements (Art. 123.4 Law 18/2007).
- Establishing a rent higher than the maximum allowed in a dwelling subject to the rent containment regime, when the difference in rents exceeds 30%.
- Omitting or misrepresenting the purpose of the rental contract.
- Passing on to the tenant the costs of property management or formalisation of the contract when these do not correspond according to the regulations in force.
Serious offences (Art. 124.4 Law 18/2007)
- Setting a rent above the permitted limit, if the difference in rents is equal to or less than 30%.
- Failure to include in the contract the price derived from the reference index or the last registered rent, as well as omitting the landlord’s status as a major tenant.
In addition, article 125.2 f) of Law 18/2007, which previously classified this omission as a minor infringement, is repealed.
Other consumer protection infringements (Art. 124.2 n) Law 18/2007)
- Failure to include in advertisements or rental contracts information on the reference index, the last registered rent or the landlord’s status as a major tenant.
The penalties applicable to these infringements are:
- Serious infringements: Fines of between 9,001 and 90,000 euros.
- Very serious infringements: Fines of between 90,001 and 900,000 euros.
Modifications to the Consumer Code of Catalonia
It is considered a serious offence to carry out abusive practices in the real estate sector that involve fraudulent practices, such as imposing the formalisation of a temporary rental contract when the real purpose of the rental is the permanent residence of the tenant.
If the lease does not specify that it is of a temporary nature, it will be presumed that its purpose is to satisfy a permanent housing need (Art. 331-5 f) and Art. 332.3.1 d) Law 22/2010).
