Spain’s Constitutional Court has endorsed Catalonia’s law limiting the use of housing for tourism, dismissing an unconstitutionality appeal filed by the conservative People’s Party (PP). The ruling, backed by a majority of judges, asserts that the restrictions do not violate fundamental rights such as private property and are deemed “necessary and proportionate” to protect urban environments and prioritize residential housing access.
Key points of the ruling:
- The Court emphasized that the law does not abolish property rights but aligns them with their “social function” — balancing private ownership with public interests.
- It aims to curb urban overcrowding by tourists and return housing to local residents.
- Municipalities retain authority to issue short-term rental licenses but are capped at 10 per 100 inhabitants.
Barcelona’s Response:
Mayor Jaume Collboni hailed the decision as a “victory for housing rights,” estimating that 10,000 apartments will revert to residential use (for rent or sale) by November 2028. He highlighted that Catalonia’s move — closely watched across Europe — could inspire cities struggling with overtourism and housing shortages.
What Does the Law Entail?
Passed in December 2023, the legislation includes: - 5-year temporary licenses for new tourist apartments, renewable only if urban planning permits.
- A 5-year transition period for existing short-term rentals to comply with stricter rules.
- Municipal power to deny licenses if quotas (10 per 100 residents) are exceeded.
Political landscape:
The law was backed by left-wing and pro-independence parties (PSC, ERC, CUP, En Comú Podem) but opposed by center-right and far-right groups (JxCat, PP, Vox, Cs). Two Constitutional Court judges dissented, though the majority ruling stood.
The decision sets a precedent for regional autonomy in balancing tourism’s economic benefits with social equity, reinforcing Catalonia’s push to reclaim housing for residents.