New housing and urban planning measures in Catalonia
On the 27th of February, Decree Law 2/2025 of 25th of February came into force, adopting urgent measures on housing and urban planning.
The decree establishes, among other issues, the extension of the subjects obliged to register in the Register of Large Holders and the cases of the right of first refusal of the Generalitat de Catalunya.
New register of Large Holders
Decree-Law 2/2025 extends the scope of the Register of Large Holders. As of its entry into force, not only legal entities that are large holders, but also individuals who are also considered to be large holders, will be obliged to register.
The terms of registration in this Register are pending regulatory development, but large holders must notify the Catalan Housing Agency that they are complying with the corresponding requirements.
In general, legal entities that are large holders in accordance with the provisions of article 5 of Law 24/2015, of 29 July, on urgent measures to tackle the housing emergency and energy poverty, and persons who, in accordance with article 3.k) of Law 12/2023, of 24 May, on the right to housing, are considered large holders, must notify the Housing Agency of Catalonia.
The people referred to in the previous section, from the moment they meet the requirements that give rise to the obligation to register in the Register, must notify the Catalan Housing Agency of their status as large holders, as well as the number of dwellings they own, without prejudice to the entry into force of the regulations governing the operation of the Register, which will have to complete this registration, in accordance with the form, data and deadlines determined by the regulations.
It should be remembered that, in Catalonia, large holders are considered to be natural or legal persons who own 5 or more residential properties located in the stressed residential market area.
Nuevo derecho de tanteo y retracto
El Decreto ley 2/2025 amplía los derechos de tanteo y retracto de la Generalitat, como:
- La transmisión de cualquier vivienda propiedad de un Gran Tenedor que esté ubicada en una zona de mercado residencial tensionado, salvo las viviendas de nueva construcción que se transmitan a personas físicas para su propio uso.
- La adjudicación de viviendas que provengan de una subasta administrativa o judicial.
Estos dos supuestos se añaden a los casos de transmisión de viviendas adquiridas en proceso de ejecución hipotecaria o mediante compensación o pago de deuda con garantía hipotecaria que ya existían antes de la entrada en vigor del Decreto ley 2/2025.
The dwellings acquired through the exercise of the right of first refusal will have to be permanently classified as subsidised housing.
The Generalitat’s right of pre-emptive acquisition will affect the first transfers and subsequent transfers that take place during the validity of Decree-Law 2/2025.
Until the register of Major Holders is developed, legal entities wishing to transfer dwellings located in a stressed residential market area will have to accredit, by means of a registry certificate, the number of dwellings they own at the time of granting the deed of sale.
