The Catalan Tenants' Union has called on the Generalitat, Catalonia's regional government, to take direct responsibility for enforcing new restrictions on speculative home purchases, arguing that leaving the measure to town halls could weaken its effect in much of the region.

The dispute matters to residents in the 271 municipalities officially classed as tense housing markets, where, according to reporting in La Vanguardia, around 90% of Catalonia's population lives. In those areas, the proposed law is intended to limit purchases to homes that will actually be lived in or let as ordinary residential rentals under the existing rent cap.

The Tenants' Union's position was reported by russpain.com, while business and owner groups have simultaneously stepped up their opposition to the measure and are studying court action.

The key argument is over who applies the rule

According to La Vanguardia, the bill would require municipalities to approve the restriction through their municipal urban planning instruments or through special stand-alone plans. The Tenants' Union argues that this should not depend on each local authority acting separately.

That point is central for residents and renters because the law's effect could vary from one municipality to another if councils have to introduce it through planning procedures. The union's demand is for the Generalitat to ensure the restriction applies directly across the designated high-pressure housing areas.

The proposed rule is intended to allow home purchases only when the property will be used as a primary residence, or rented out for residential use while complying with the price limits in tense housing markets.

That description of the measure appears in reporting by Crónica Global, which said the Parlament approved single-reading processing of the proposal on Wednesday with support from the PSC, ERC, the CUP and the Comuns.

What the proposed housing restriction would do

Details published by La Vanguardia set out how the measure would work in practice in the municipalities already declared tense housing markets.

  • Homes could be bought only to live in them, or to let them as ordinary long-term residential rentals subject to price caps.
  • Purchases for relatives would still be allowed up to second degree by blood or first degree by marriage, but only for use as a main home.
  • The buyer or relative would have to live in the property for at least five years, unless an exception could be justified to the administration.
  • Entire buildings bought in these areas would also have to be dedicated to long-term rental.
  • One second home per person would still be allowed in tense areas, but it could not be used as a holiday let.

For households, that means the proposal is not a general ban on buying homes. It is a restriction on buying for speculative or investment-led use in areas where housing pressure is already high.

Property and development groups have responded by arguing that the measure is unlawful. In an article published on 6 July, Ara reported that owner groups consider the speculative purchase law unconstitutional.

Crónica Global quoted Xavier Vilajoana, president of the Associació de Promotors de Catalunya (APCE), calling the proposal unconstitutional and "a legal aberration". He said the organisation would fight to take the matter to the Constitutional Court if the Council of Statutory Guarantees found problems with the bill's legality.

Vilajoana said the speed of the process, with a text made public nine months ago now being pushed through in 15 days, prevented academics and professionals from taking part properly.

According to La Vanguardia, different owners' associations are reviewing the text for possible weaknesses that could block its application, and Som Habitatge has already presented a constitutional analysis prepared by URV civil law professors Sergio Nasarre and Héctor Simón.

What residents and councils can do now

For residents in affected municipalities, the immediate practical issue is whether their local council moves to incorporate the restriction into urban planning rules if the bill advances in its current form. Readers who want to track or raise the issue locally should contact their Ajuntament, the municipal council, and ask whether it plans to use the municipal urban planning plan or a special autonomous plan referred to in the proposal described by La Vanguardia.

Residents considering a purchase in one of the 271 tense-market municipalities should also check whether the intended use would fit the proposed rules, especially if the property is for a second home, a relative, or a building intended for rental. The current dispute is not over whether housing pressure exists, but over who should enforce the limits and whether the law will survive the legal challenges now being prepared.

Reported by Source Text Link, Laura Casserres Capdevila, russpain.com, Ricard López, Maite Gutiérrez, osborneclarke.com, By Agencias, Martina Alcobendas, barna.news, catalannews.com.