In Catalonia, tourist-use homes cannot be assessed solely under tourism rules. In the 262 municipalities covered by Decree-Law 3/2023, planning law is fundamental.
Which municipalities are affected?
The special regime applies to municipalities meeting certain housing-pressure or tourist-concentration criteria. The list and current legal position should always be checked against official sources.
Prior planning licence
For new tourist-use homes in these municipalities, a prior municipal planning licence and the relevant tourism authorisation are required. The planning licence has a five-year renewable term under the applicable regime.
A start-of-activity notification does not replace a prior planning licence where one is required. The sequence of the procedures matters.
What about existing tourist homes?
The Decree-Law established transitional rules for existing homes, including a five-year period to seek the new licence and a possible extension in certain circumstances. The start date of the regime and the individual file are essential.
Municipal planning also matters
Municipalities must adapt their planning rules to expressly allow compatibility between tourist use and residential use within the statutory framework. A property advertised as tourist accommodation in the past does not necessarily have the same legal position as a new application.
What to check in 2026
- Whether the municipality is within the 262-municipality regime.
- Current planning rules.
- Existence and validity of the planning licence.
- Relevant tourism authorisation and registration.
- Transitional rules applicable to existing homes.