Editorial transparency and use of artificial intelligence
This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and, before publication, was substantively reviewed and editorially approved by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.
This article does not constitute legal, tax, immigration, employment, estate-planning or investment advice and does not replace an individual assessment and the professional work of the appropriate CostaLuz Lawyers specialist. No action or omission should be based solely on this information.
Q: What is the Decree Law 3/2023 that Catalonia has recently approved?
A: The Decree Law 3/2023 is a new legal framework that requires tourist apartments in 262 municipalities of Catalonia to obtain a prior urbanistic license and tourism authorization. It aims to address housing shortages and regulate the short-term rental market more strictly.
Q: Why are these new regulations being implemented?
A: The Catalonian government ensures that housing becomes a fundamental right for its residents. The decree is part of broader efforts to tackle the challenges of housing accessibility, which the proliferation of tourist apartments has exacerbated.
Q: Which areas are affected by this new decree?
A: The regulations target 140 ‘tense market’ municipalities where housing shortages are pronounced and areas with a high density of tourist apartments—specifically, those with more than five tourist apartments per hundred inhabitants.
Q: What will happen to existing tourist apartments under these new rules?
A: Owners of existing tourist apartments must apply for a new license within five years to continue operating legally. If they fail to comply with the new licensing requirements, they must cease their rental activities.
Q: What are the legal criticisms of the decree?
A: Some legal experts argue that the decree is overly interventionist. They suggest that it focuses on regulating property use rather than facilitating better access to housing or investing in improving the housing stock.
Q: How is the tourist apartment sector responding to the changes?
A: The sector has voiced strong opposition, describing the decree as rushed and potentially ineffective. Industry associations worry about the substantial adverse economic impact, including the loss of jobs and the potential decline in tourism-related revenue.
Q: Can you explain the economic significance of tourist apartments in Catalonia?
A: Tourist apartments are a significant part of Catalonia’s economy, particularly in Barcelona, Girona, and Tarragona. They contribute to the GDP, generate substantial tax revenue, and support thousands of jobs. The sector also indirectly benefits local commerce and the hospitality industry.
Q: What are the predicted outcomes of this new regulation?
A: While the regulation aims to address housing issues, there is concern about the potential loss of up to 40% of Catalonia’s regulated tourist accommodation, with broader economic ramifications, including a possible reduction in the GDP from tourism and job losses across related sectors.
Need Help Navigating the New Tourist Apartment Regulations in Catalonia?
The recent Decree Law 3/2023 may have left you with more questions than answers. How do you secure your tourist apartment’s future in the face of these changes? Worry not! At Costaluz, we’re well-versed in the intricacies of the new regulations and stand ready to guide you through obtaining the necessary licenses.
Keep the complexities of legal compliance from disrupting your business. Contact us today, and let’s ensure your tourist apartment continues to welcome guests for years to come!
Legal Notice: The content on this page is provided for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. No action should be taken based solely on this content without first seeking independent professional legal counsel. Each case requires individual assessment based on its specific circumstances. CostaLuz Lawyers accepts no liability for actions taken or not taken based on this content.
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We own a house in Catalonia for the last 24 years valued at over 500,000. We are both in our seventies and looked forward to spending our retirement in Spain returning to the UK for a couple of months in the summer. With Brexit we are bound by the 90 days rule. We are in a position to purchase another house using the value of our existing house or a bridging loan to gain a golden visa. We have been informed that at our age there is capital gains tax if we sell or no tax if we invest in another property. We would like to know exactly what our options are in our current situation.
Dear Roger,
Given your interest in spending more time in Spain, here are a few key options:
1. Golden Visa through Property Investment:
Investment Amount: Invest a minimum of €500,000 in Spanish real estate, including the value of your current home if you sell and reinvest.
Benefits: Residency for you and your family, no minimum stay requirement, and free movement within the Schengen Area.
2. Capital Gains Tax Considerations:
Tax Exemptions: Reinvesting in another property may exempt you from capital gains tax. Additional exemptions may apply for individuals over 65 if the property was your primary residence.
Tax Rates: 19% to 26% on capital gains, depending on the amount.
3. Alternative Residency Options:
Non-Lucrative Visa (NLV): Allows you to live in Spain without working, requiring sufficient financial means and proof of private health insurance. Requires staying in Spain for more than 183 days per year, making you a tax resident.
Temporary Residency Permits: Based on family reunification if you have family members who are EU citizens or residents in Spain.
Next Steps:
Consult with a financial advisor or legal expert specializing in Spanish real estate and residency law to determine the best course of action for your situation.
If you need further assistance, please let us know, and we can arrange a consultation with our International Tax Law specialist. We also offer services for the sale of your current property and the purchase of a new one.
Best regards,
Maria
Hi , I have a question re the Cambrils area of Tarragona. We are thinking of purchasing a property with the intent to live there and provide Bed n Breakfast / pension type set up . We have permanent residency here as we have been working here for six years. Do you think this could be a possible option for us . Many thanks
Janette,
Yes, purchasing a property in Cambrils to run a Bed & Breakfast or pension could be a viable option, especially since you already have permanent residency in Spain. However, you will need to check local regulations and zoning laws in Tarragona to ensure that the property can be legally used for this purpose. Additionally, obtaining the necessary licenses and permits to operate a hospitality business is crucial.
We will be certainly pleased to help you with this all.
Best wishes
Maria