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Decree-Law 3/2026: what a rental listing in Catalonia has to state

Daniel Laviada, lawyer4 min read

In March, the Catalan Government approved Decree-Law 3/2026 of 24 March. It's an omnibus decree, with tax, staffing and administrative measures, which is why it went largely unnoticed. But it has a housing chapter that directly affects anyone letting a flat in Catalonia. It was published in the DOGC (Official Gazette of Catalonia) on 25 March, has been in force since the 26th, and the Catalan Parliament ratified it in April.

Here's a summary from the landlord's point of view: what has to go in the listing, what the contract must include and what to prepare before advertising.

A listing can no longer just state the rent

The decree sets out the minimum content of advertising for rental homes. The listing must state:

  • The maximum rent resulting from the rent containment system, if the property is in a stressed residential market area.
  • The occupancy certificate (cédula de habitabilidad).
  • The energy performance certificate.
  • Whether or not the landlord is a large holder.

Failing to state that maximum rent in the listing or offer is now a consumer protection offence. The obligation applies to rental advertising and offers in general, not to any particular channel.

What the maximum rent is

In municipalities declared stressed areas, where most of Catalonia's population lives, Barcelona included, the rent on a new contract for a main residence can't be set freely:

  • If the flat has been let in the last five years, the limit is the rent under the last contract, with whatever annual increase applied to it.
  • If it hasn't been let in that period, the limit is the official rent reference index.
  • If the landlord is a large holder, both limits apply and the lower one prevails.

For the purposes of this regulation, a large holder is anyone who owns five or more urban properties in stressed areas.

In other words, before pricing a flat you need to know two things: what the last rent was and what the index says for that specific property. That's the figure that goes in the listing.

The contract: maximum rent, large holder status and supporting document

The tenancy agreement must state the applicable maximum rent or the last rent, and whether the landlord is a large holder. The decree also requires the document certifying the reference rent to be attached to the contract.

Stating a maximum rent or last rent higher than the real one is also an offence. And a rent agreed above the limit won't stand: that part of the clause is void and the tenant can claim back what they overpaid.

A dedicated register of large holders

The decree also regulates a register of large residential property holders, so the authorities can identify them without relying on what each landlord declares in each transaction. If you own five or more properties in stressed areas, it's worth checking your position in that register.

What we do before advertising a rental

In practice, the order of work changes. Before advertising a flat:

  1. We find the last contract from the previous five years and calculate its updated rent.
  2. We request the reference index certificate for that property.
  3. We check that the occupancy certificate and the energy certificate are valid.
  4. We confirm with the landlord whether they are a large holder.
  5. With all of that, we set the price and write the listing. The index certificate is then attached to the contract as an annex.

If any of these pieces is missing, it's better to sort it out before advertising than to have to withdraw the listing or redo the contract.

And the national 2 % decree

In March, the Spanish Government also approved a royal decree-law that allowed tenants to request an extraordinary extension of up to two years and capped annual rent increases at 2 % until the end of 2027. Congress did not ratify it and it was repealed in the spring. Those two measures are no longer in force. If your contract was affected while they were, it's worth reviewing case by case.

If you have a flat to let and want it to go well from the listing onwards, we'll help you prepare it. And if it's already let and you'd rather not deal with all this, see how we handle property management.

This article is general information on the legislation in force at the publication date and does not replace an analysis of each case. Sources: Decree-Law 3/2026 of 24 March (DOGC 9632); Resolution 686/XV of the Parliament of Catalonia (DOGC 9648); Government of Catalonia; Spanish Congress of Deputies.

General information, up to date as of the publication date. Every transaction has its own particularities: before making a decision, ask about your specific case.

Daniel Laviada
Daniel LaviadaLawyer (Barcelona Bar Association no. 48,200), registered property administrator and estate agent (API). Founder of HabitaRetail.
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