Since 1 January 2026, Law 11/2025 has split Catalonia's temporary rentals into two very different regimes. The one with an exclusively recreational, holiday or leisure purpose is governed by the rules for use other than housing: you set the rent freely, agree whatever duration you want and, above 31 days, need no tourist licence. All other temporary rentals — work, study, health — fall under the reference price index. This guide covers the first one: exactly what it requires and what happens if one of those requirements is missing.
Two regimes, not one
Article 66 bis of Law 18/2007, as worded by Law 11/2025, starts from a counterintuitive premise: duration does not classify the contract.
«A lease is deemed to be a permanent housing lease when it is intended to satisfy a housing need, irrespective of its duration. Homes used for recreational, tourist or holiday-season purposes are not so considered.»
Art. 66 bis.1 · Law 18/2007, as worded by Law 11/2025What classifies it is the purpose. And from there the law opens two paths with opposite economic consequences:
| Holiday, recreational or leisure use | Work, study, health or other | |
|---|---|---|
| Section | Art. 66 bis.4 | Art. 66 bis.2 |
| Applicable regime | Rules on leases for use other than housing | Housing rules on deposit, guarantees, rent and expenses |
| Rent | Free | Subject to the reference index in stressed market areas |
| Updates and expenses | As agreed | Within the limits of the housing regime |
| Mandatory renewal | No | No, but subject to the cautions in sections 5 and 6 |
Barcelona is declared a stressed residential market area. For a landlord that means the difference between one column and the other is not formal: it is the price at which they can let.
Why the holiday format has the most room
Three things come together in this contract and in no other:
No tourist licence above 31 days
Tourist accommodation is defined by stays of up to 31 days. From day 32 the letting falls outside that category and outside the licence quota, while still being a holiday use.
Outside rent containment
Because section 4 refers to the rules for use other than housing, this contract falls outside the reference index that does cap the other temporary rentals in stressed areas.
No mandatory renewals
The minimum terms of five or seven years and the annual renewal system of residential leases do not apply.
The 31-day threshold and the classification of the contract are two different things. The 31 days determine whether you need a tourist licence. The purpose determines which rent and term regime applies to you. A contract can exceed 31 days and still be rent-capped, if its purpose is not a holiday one.
The three requirements that sustain it
Section 4 conditions that regime on three requirements, all in the contract itself:
«This cause or purpose must be stated in the contract together with the specific documentation required by law, and must be duly evidenced. The tenant's permanent place of residence must also be stated. The supporting documentation must be lodged together with the deposit in the corresponding registry.»
Art. 66 bis.4 · Law 18/2007, as worded by Law 11/2025- The purpose, in writing. The contract must state expressly that the use is exclusively recreational, holiday or leisure. Heading it «seasonal contract» is not enough.
- The documentation evidencing it. Specific proof of that purpose, provided with the contract.
- The tenant's permanent residence. It must state where they habitually live, which by definition is somewhere else. This is the most commonly forgotten requirement and the one everything else rests on: if the tenant lives here, the holiday purpose does not hold.
The section adds that the supporting documentation is lodged together with the deposit in the corresponding registry.
What happens if one is missing
The penalty regime is the newest part of the reform. Article 123 of Law 18/2007 classifies as a very serious offence in lease matters:
- Failing to state the purpose of the contract, or stating a simulated, false or fraudulent purpose
- Passing on to the tenant the property management or contract formalisation fees
- Setting a rent above the maximum permitted amounts where the contract is subject to the rent containment regime
And article 118 sets the amounts:
| Classification | Fine | |
|---|---|---|
| Very serious | 90,001 to 900,000 € | |
| Serious | 9,001 to 90,000 € | |
| Minor | 3,000 to 9,000 € |
Article 118 itself introduces two relevant corrections. Its section 4 allows the sanctioning body to apply the next lower fine bracket where justified in the file, without altering the classification of the offence. And section 7 provides that fines are reduced by up to 80% of their amount if the offender remedies the offence.
In practice, the exposure of a landlord who corrects in time is not the headline figure. But correction has to be possible, and for that the contract has to be properly drafted from day one.
The two situations that do convert the contract
There is a widespread belief that any defect automatically turns a temporary lease into an indefinite one. It does not. The law provides for two specific situations, both to do with the same tenant continuing:
Renewal without evidence
If, on renewal, the tenant does not expressly evidence the cause of temporariness and that they reside elsewhere, the permanent housing regime applies, including the statutory minimum duration, counted from the date of the initial contract.
New contract, same tenant
If the lease is not renewed but a new contract is signed with the same tenant over the same home, it falls under the permanent housing rules, unless it is evidenced that the circumstances persist.
There is also a presumption: section 3 presumes a permanent housing purpose if a use other than housing is not evidenced in the corresponding registry. It is a presumption, not an automatic conversion, but it shifts the burden of proof onto the landlord.
Frequently asked questions
Can I rent for one month? For three?
Yes. Duration is free in a holiday-use contract. What to watch is the 31-day threshold: below it you are in tourist accommodation and need a licence.
Is the 11-month contract a legal formula?
It does not exist as a category. Eleven months is simply less than a year. What classifies the contract is the purpose, not the number of months on page one.
Can I set whatever rent I want?
In a contract with an exclusively holiday purpose, yes: it is governed by the rules for use other than housing and the reference index does not apply. In the other temporary rentals in stressed areas, no.
What if my tenant already lives in Barcelona?
Then the requirement of a permanent residence elsewhere is missing and the holiday purpose does not hold. You would have to see whether it fits section 2 — work, study, health — which is subject to the rent limits.
Do I need a tourist licence?
No, if the stay exceeds 31 days. Below that threshold it is tourist accommodation and a licence is required.
Does this apply in Madrid?
No. Article 66 bis is Catalan legislation. Madrid has its own framework and its own decree for tourist accommodation.
Notice. This guide is for guidance only and is based on the consolidated text of Law 18/2007 following Law 11/2025 and Decree-Law 1/2025, as at the date of update. It does not constitute legal advice and does not replace a lawyer's review of your contract: always confirm your specific case before signing or renewing.
We work only with the holiday format
It is the one that keeps the rent free and the duration flexible. We make sure the contract meets the three requirements, verify the tenant and see that you are paid on time every month.
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