Catalonia's seasonal rental law upheld by Statutory Council

Catalonia's Statutory Guarantees Council (CGE) ruled on Thursday that the new regulation on seasonal rentals is constitutional and falls within the powers of the Catalan parliament.

The proposed law, approved in October by the Socialists, the left-wing Comuns, the pro-independence Esquerra, and the far-left CUP, aims to regulate this type of rental.

The goal is to prevent property owners from exploiting loopholes in housing legislation to bypass legally established rent limits, a key issue since the law was first implemented.

The CGE rejected appeals filed by the pro-independence Junts and the conservative People's Party, stating that the reform does not violate either Spanish or Catalan fundamental law.

The council, which advises on the legality of Catalan legislation, confirmed that the government acted within its competences.

The new law specifies that properties intended for "exclusively recreational, holiday, or leisure use" are subject to different rules, and that this purpose "must be clearly stated in the contract."

It also states that even rentals with a limited, temporary purpose, such as those linked to work, study, or medical reasons, must comply with regular housing rental rules. 

Only truly temporary rentals for recreational or tourist use are excluded from the rules for permanent housing, and owners must provide proof of this.

Although the CGE approved most of the regulation, it questioned the legality of the mandatory automatic renewal of social housing flats in high-pressure areas.

The advisory body argued that this provision could violate the principle of legal certainty and stated that "a law of higher rank should expressly regulate" this matter.