What has happened?

The Government of Catalonia (Generalitat de Catalunya) has begun the procedure for a new declaration of stressed residential market areas, in which it proposes that Banyoles should no longer be on the list of affected municipalities.

The news has raised a lot of questions among owners and tenants alike.

But there is one very important point to be clear about from the outset: as of today, absolutely nothing changes.

The change is not yet in force

The Generalitat has only begun the procedure for a new declaration.

Before this change can take effect, the full administrative procedure still has to be completed, the declaration definitively approved and then officially published.

Banyoles therefore remains, as of today, a stressed residential market area.

This means the current regulations continue to apply in full, both when signing new contracts and when managing existing ones.

When could it come into force?

If the procedure follows the expected timetable, the new declaration could arrive in early 2027.

Until then:

• all current restrictions remain in force;
• new rental contracts must be drawn up exactly as they are now.

What about current rental contracts?

The announced proposal does not, in itself, alter rental contracts that are already in force. These would continue to be governed by the same agreed terms.

This means:

• rents cannot be increased unilaterally;
• the agreed terms do not change;
• the length of the contract is not altered.

And new contracts?

This is where changes could indeed occur.

But only for new contracts signed after the new declaration officially comes into force.

If Banyoles does eventually cease to be a stressed market area, the specific restrictions currently imposed by this declaration on new contracts would disappear.

Among other things:

• the cap linked to the rent under the previous contract would no longer apply in the cases set out in the regulations;
• nor would the specific caps arising from the stressed area declaration apply.

This potential change would only affect new contracts, never those already in force.

What about property sales? Does anything change?

Here the impact will be far smaller.

A stressed area declaration does not cap the sale price of homes.

Sales and purchases will therefore continue to operate as they do now.

The possible change may have an effect on a few very specific legal aspects — such as certain scenarios involving large-scale landlords, or pre-emption and buy-back rights (tanteig i retracte) — but it does not alter how the majority of sale transactions usually work.

Frequently asked questions

Can I raise my rent now?

No.

The news refers to a proposal that is not yet in force. Until the new declaration is approved and officially published, the same restrictions that exist today continue to apply.

I have a rental contract in force. Will anything change?

No.

Contracts already signed will not be modified automatically. The agreed terms will remain the same until the contract ends, or until both parties agree to a change within the legal framework.

If I sign a rental contract over the coming months, which rules will apply?

Those in force at the time of signing.

For as long as Banyoles is officially a stressed market area, new contracts will remain subject to the current regulations.

If the proposal is approved, will all owners be able to set the rent on new lettings freely?

In principle, yes.

If the new declaration comes into force and Banyoles ceases to be a stressed residential market area, new contracts will no longer be subject to the specific caps set for these areas.

This means that, as a general rule, the initial rent could once again be freely agreed between owner and tenant. In every case, the regulations in force on the date the contract is signed must always be observed.

When will we know whether the change is definitive?

Once the Generalitat completes the administrative procedure and the new declaration is approved and officially published. Until that moment, no change is effective.

+COMUNITAT will keep you informed

We will follow this proposal closely and update this information as soon as the final resolution is published.

Property regulations are constantly evolving. At +COMUNITAT we work to ensure our clients always have clear, rigorous and up-to-date information before making any decision.