Barcelona City Council's housing service has published guidance linked to housing lawyer Elga Molina's explanation of rent regulation, setting out the basic terms used in tenancy agreements.

For tenants and landlords in Barcelona, the immediate practical point is to identify who is party to the contract and whether a home is being offered as an affordable rental. The [official housing guidance](https://www.habitatge.barcelona/es/noticia/ladvocada-experta-en-habitatge-elga-molina-resol-dubtes-sobre-la-regulacio-dels-preus-del-lloguer_1393100) defines both terms.

“A tenancy is the contract under which a landlord, owner or usufructuary agrees to give another person the use and enjoyment of a dwelling for a fixed period in return for an agreed price, the rent.”

Under the council's definition, the tenant is the person who signs the agreement and occupies the rented property. A landlord can be the property's owner or a usufructuary, a person with the legal right to use and benefit from it.

Affordable rent is priced below the market rate

The guidance describes affordable rent as rent set below the market price. It says this may apply after a home has entered a rental pool, undergone protected rehabilitation work or been developed as protected housing.

The definitions distinguish affordable-rental schemes from a standard private tenancy, where the agreed rent is the price specified in the contract.

Rent limits cited by Molina

In a separate analysis, Molina said the Spanish Ministry of Housing and Urban Agenda had published the State Reference System for Residential Rental Prices. She wrote that the system used 2022 personal income tax return data.

Molina said that, in designated stressed residential market areas, the upper value of the reference range would set the limit for new leases involving large landlords. She also said it would apply to homes that had not been rented during the previous five years.

  • For homes rented during the preceding five years, Molina said a new rent could not exceed the last rent in force after the permitted update.
  • She wrote that lease renewals due in 2024 could not increase the rent by more than 3%.
  • She said previous rental status could be checked through Incasòl, the Catalan Land Institute.

Residents seeking to understand the terminology in their agreement can consult Barcelona City Council's housing guidance, which defines the landlord, tenant, tenancy and affordable-rent terms used in the explanation.

Primary sources: barcelona.cat. Reported by habitatge.barcelona, Elga Molina, Elga Molina Roig, Ibai Fernandez, europapress.es, Aritz Intxusta Redactor de actualidad.