The European body files a formal complaint with the European Commission over unjustified and disproportionate short-term rental rules imposed by Barcelona and Catalonia as a whole.
The European Holiday Home Association (EHHA), the voice of short-term rental accommodation (STR) in Europe, of which Stama Greece is an official member, has filed a formal complaint with the European Commission over unjustified and disproportionate Catalan rules on short-term rental accommodation, which are contrary to EU law.
In the EU, any national, regional or local rule aimed at imposing restrictions on the provision of short-term rental services must comply with EU law and in particular with the Services Directive. The Services Directive specifies that these rules must be justified, impartial and proportionate.
According to the Mayor of Barcelona’s previous announcement, new rules will be introduced from November 2028, according to which Barcelona will no longer issue new short-term rental permits and will also revoke existing ones. It is estimated that there are currently only around 10,000 properties legally registered for short-term rental in Barcelona.
The EHHA believes that the Catalan Housing Decree (3/2023) violates the EU Services Directive, as the rules established for short-term rental accommodation providers, with a focus on Barcelona, are unjustified, disproportionate and unsuited to addressing the excessive shortages in tourism and housing. Therefore, they risk causing significant harm to families struggling to cope with the rising cost of living, to tourism operators of all shapes and sizes and to local economies.
The EHHA stresses that the politically charged accusations that short-term rentals affect the availability and affordability of housing and contribute to overtourism are too one-dimensional in a multifaceted and overly complex debate. Issues such as growing urban populations and migration, ageing societies, underinvestment or under-utilisation of public budgets for new housing construction, rigid urban planning regimes, empty homes and commercial spaces, mortgage rates are at the heart of housing challenges in Europe today and short-term rentals should not be seen as an easy scapegoat for overly restrictive rules, to the detriment of European citizens, small tourism providers and local communities.
EHHA Secretary General, Ms Viktorija Molnar, said:
“EHHA members have supported the exchange of STR data with authorities over the years and welcomed the EU regulation on the collection and exchange of data on short-term rental accommodation, which is expected to increase transparency and lead to evidence-based policy-making at a local level.
However, we are very disappointed to learn that the Catalan housing decree, which was issued urgently and without any public consultation period, is based on unconfirmed assumptions and without any evidence proving a causal link between short-term rental accommodation providers and ignores the complexity of housing issues.
The European Commission services have already expressed their concerns to the Spanish authorities that the restrictions provided for in the Catalan Housing Decree are not suitable for achieving the objective of combating housing shortages and are disproportionate to that objective, they also appear to be in violation of the EU Services Directive.
We are convinced that EU law has not been respected. By filing the complaint with the EU, we hope that the European Commission will go a step further and open formal infringement proceedings against Spain.
Again, we call on the new Catalan government to reconsider the concerns expressed by the European Commission and to act diligently and urgently to suppress the unfair and disproportionate provisions of the law.
What is the European Holiday Home Association (EHHA)
The European Holiday Home Association (www.ehha.eu) was founded in 2013 to give a voice to the short-term rental industry. EHHA members range from national associations representing property owners and/or property managers, online short-term rental platforms and companies providing ancillary services to short-term rental accommodation providers. Its members are active in all countries of the European Union.
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