The tourist apartment market in Barcelona is facing a critical moment. Property owners and management companies have initiated a legal battle against the Generalitat, demanding millions in compensation for measures affecting these accommodations. This conflict could significantly reshape the landscape of vacation rentals in Barcelona and the real estate sector as a whole.

What Happened?

The root of the conflict lies in the decree passed by the Generalitat in November, requiring 47 municipalities with high housing market tension to draft urban plans regulating tourist apartments. If these plans are not approved by 2028, licenses for tourist apartments will automatically be revoked.

In Barcelona, Mayor Jaume Collboni has made it clear he intends to follow this strategy, putting nearly 10,000 licensed tourist apartments at risk. These properties account for 40% of the city’s tourist accommodation options.

Million-Euro Compensation Claims

So far, around 1,500 property owners and 25 management companies have filed compensation claims amounting to €1 billion, according to the Apartur association. The average claim is about €650,000 per apartment, though the total impact could reach €3 billion in Barcelona alone. Across Catalonia, the figures could soar to €7 billion.

These claims aim to cover losses from investments made in purchasing and adapting the properties, as well as projected profits that will no longer materialize.

Impact on Barcelona’s Real Estate Market

The regulation of tourist apartments sparks a deep debate about balancing housing supply and tourism. On one hand, the measures aim to ease pressure on residents, improving housing accessibility. On the other hand, owners of tourist apartments argue that the rules violate acquired rights and discourage future investments in Barcelona’s real estate market.

The Future of Vacation Rentals

The vacation rental sector in Barcelona finds itself at a crossroads. Decisions made in the coming years will not only impact apartment owners and managers but also affect Barcelona’s tourism appeal and the balance between residents and visitors.

Tourist Apartment Decree in Barcelona: Developments, Claims, and Legal Debate

The tourist apartment sector in Barcelona remains at the center of ongoing controversy. The Generalitat’s decree has not only triggered a wave of administrative claims but also faces legal and political challenges that could shape its future.

Property Claims: An “Undercover Expropriation”

The president of Apartur, Enrique Alcántara, has described the decree as an “undercover expropriation”, arguing that it strips property owners of acquired rights by revoking tourist apartment licenses. Alcántara has encouraged the sector to mobilize and file claims before the November 8 deadline. According to him, the economic harm to owners is clear, as licenses represent significant investments and a legitimate source of income.

Apartur’s general director, Marian Muro, highlighted that the decree also faces two additional legal challenges:

A constitutional appeal filed by the People’s Party with the Constitutional Court.
An investigation by the European Commission into potential violations of European regulations.
This legal landscape underscores the complexity of the debate over whether tourist apartment registrations are licenses, authorizations, or declarations of responsibility. For Muro, the distinction is irrelevant: “It is an administrative authorization and, therefore, a license.”

Salvador Illa’s Role and the Political Future of the Decree

Politically, the sector hopes that the current president of the Generalitat, Salvador Illa, will review and ease the decree. The text was passed by the previous ERC government as an emergency decree-law, but the PSC proposed processing it as an ordinary law to reflect Catalonia’s diverse realities.

However, the Minister of Housing and Territory, Sílvia Paneque, has stated that the decree will not undergo major changes, except for minor adjustments in specific municipalities. This position highlights the tension between local demands and the Generalitat’s broader vision for managing tourist apartments.

The Controversy with the Hotel Sector

Apartur’s president has also pointed to a potential negotiation between the hotel lobby and Mayor Collboni. According to Alcántara, while tourist apartments face strict regulations, hotels have historically contributed to the loss of residential land without comparable scrutiny. This claim adds a new dimension to the debate on balancing housing accessibility with the development of the tourism sector.

An Uncertain Future for Tourist Apartments in Barcelona

The tourist apartment decree not only affects thousands of property owners but also has profound implications for Barcelona’s real estate market, tourism, and local economies. Ongoing claims, legal battles, and political negotiations are just the beginning of a process that will shape the future of vacation rentals in Barcelona and the management of tensions between residents and visitors.