Tourist rentals in Catalonia: do you need a licence?

Can you rent out a flat to tourists in Barcelona?

It depends on whether the flat has a valid licence, and buying a flat “to let” to tourists carries a high risk today. The Ayuntamiento de Barcelona says it has decided to abolish tourist flat licences in 2028 and return about 10,000 homes to the city [1]. The city’s tourism department repeats that the roughly 10,000 licences expiring in 2028 are not to be renewed [2]. We found no information in official sources about new licences being issued in Barcelona, so check the specific address in the city register rather than counting on buying “to let”.

The legal basis is the same across Catalonia. Decreto-ley 3/2023 introduced a mandatory prior licence for using a home as a tourist flat in municipalities with housing access problems and a high concentration of HUTs. The Ayuntamiento says the decree-law classes Barcelona as a municipality with housing access problems [2][3]. The licence is granted for 5 years and is renewed if the urban plan allows it [3].

What counts as a tourist rental?

As the Ayuntamiento defines it, this is a home that the owner or tenant, directly or through an agency, lets in its entirety for a fee for up to 31 days, without sharing it with other groups [1]. The Generalitat classes HUTs as tourist accommodation businesses; to operate they need a título habilitante, issued by the ayuntamiento where the flat is located [5].

Older websites mention Decret 159/2012. The Generalitat’s HUT page now names Decret 75/2020 de turisme de Catalunya as the basis [6][10]. Check with a lawyer which text applies to your case.

What requirements must a legal HUT meet?

Under Real Decreto 1312/2024, the owner had to obtain a number from the national Registro Único de Arrendamientos and could not advertise the home on platforms without it. But the consolidated BOE text states that the register procedure was annulled by Tribunal Supremo rulings of 19 and 21 May and 1 June 2026 [9]. We have not looked into what this means for your listing: keep an eye on new legislation.

What will happen to licences in 2028?

Decreto-ley 3/2023 requires existing HUTs in municipalities with housing problems to obtain a suitable licence within five years of its entry into force or to stop operating. An owner who proves that the transitional regime does not compensate for the loss of the title may ask once for it to be extended by up to five more years. The application is made to the ayuntamiento after the decree-law has been in force for four years and before the transitional period ends [3]. Barcelona has said in advance that it will not renew licences [2], so you cannot count on an extension.

The Tribunal Constitucional dismissed the MPs’ challenge to this decree-law (STC 64/2025) [4]. This does not mean the disputes are over, and we do not predict future court decisions.

How does renting out for more than 31 days differ from a HUT?

A rental longer than 31 days is no longer an HUT, but it has its own restrictions. Llei 11/2025 treats as a permanent housing contract any contract that meets a housing need, whatever its length. A temporary contract is allowed for work, study, medical treatment, waiting for a home and similar reasons. The reason is stated in the contract and backed by documents, which are deposited together with the deposit. If the reason is not proven, the contract is treated as permanent [7].

More in the article on long-term and seasonal rentals. From 08.10.2026, Article 9 bis LAU also requires a genuine reason for a temporary contract, and its term must be longer than 31 days and, as a rule, no longer than 12 months [11]. From 01.12.2026, letting furnished housing to a single tenant for no more than 30 nights is no longer exempt from IVA and is taxed at 10% [11].

What depends on the case?

The flat’s address, the building’s statutes, the licence status and the owner’s tax position decide the outcome in each case. Tax on rental income depends on residence, and we do not cover it here: see non-resident tax on rental income. Before buying a flat to let to tourists, have it checked by a lawyer: consultation. If you are still deciding where to live and on what basis, see the overview residence permit in Barcelona, and for help with documents: documents and support.

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ReloVictory · Sources reviewed 02.10.2026 · Not a substitute for individual legal advice.