Could the new European housing proposal stop Barcelona’s plan to phase out legal tourist apartments in 2028? It is a question of significant interest for short-term rental professionals across Europe. The answer, however, lies not only in the proportionality provisions cited by those opposing the city’s decision. It also lies in a provision concerning measures that have already been adopted.
Barcelona plans not to renew the licenses of its 10,101 tourist apartments when they expire in November 2028, with the aim of returning the properties to residential use. The plan was announced before the European Commission presented its proposal for affordable housing.
What the proposal requires for new restrictions
The proposed European framework recognizes that cities can intervene when short-term rentals affect access to housing. At the same time, it sets specific documentation requirements.
To impose a restriction aimed at protecting housing, a competent authority would have to demonstrate, among other things, that the activity had a significant negative impact on the availability or affordability of housing for at least three years before the measure was introduced. It would also have to consider whether a less restrictive intervention could achieve the same objective just as effectively within a reasonable period. The proposal also provides for respect for the legitimate expectations of those affected and appropriate transitional arrangements where existing legal activities are impacted.
These requirements explain why the case of Barcelona has sparked controversy. The industry may question whether the non-renewal of all licenses is proportionate and whether restrictions in specific areas would be sufficient. The city, for its part, may point to the pressure on the housing market and its goal of returning apartments to residential use. The European proposal does not itself determine which side is right in this particular case.
The provision that changes the picture
There is, however, a crucial point missing from the initial text: Article 14 of the proposal states that the new regulation will not apply to measures adopted before it enters into force. Authorities will be able to review such measures under the new framework, but the proposal does not require them to do so.
This means that it cannot be presented as a given that, if the regulation is adopted, Barcelona will automatically be required to subject its already announced plan to the new documentation tests. The exact application of Article 14 to the city’s case is a matter of legal interpretation, while the European text remains a proposal that may change during the legislative process.
The same applies from the opposite perspective: the exemption of earlier measures from a future regulation does not mean that they are beyond any judicial review. In Spain, the Constitutional Court has already upheld the Catalan legislative framework on which Barcelona’s plan is based.
Why Barcelona matters to the Greek market
The case shows how important when a restriction is adopted can be, beyond how strict it is. If the European proposal is adopted in its current wording, cities seeking in the future to restrict short-term rentals for housing reasons will have a more specific framework for documenting such measures. For measures that have already been adopted, the proposal provides for different treatment.
For now, therefore, Barcelona’s timetable for November 2028 does not change as a result of the Commission’s initiative. The European debate matters for how future restrictions will be designed and assessed. It does not, by itself, constitute a decision that cancels or approves the phase-out of the city’s 10,101 licenses.
