“It does not constitute a suppression of property rights”. With this argument, the Spanish Constitutional Court legitimizes the decision of the Mayor of Barcelona to ban short-term rentals in the city from November 2028.
Following the announcement of this decision, authorities in Barcelona stated that they will not renew tourist licenses for short-term rentals after 2028, bringing in a landmark measure for spain – and potentially for Europe.
Speaking to reporters, the Mayor of Barcelona Jaume Collboni (of the left-wing Socialist Party of Catalonia) said: “The Constitutional Court’s decision strengthens, validates, and provides legal certainty to this measure. We are on the right track.”
It is recalled that Mr. Collboni first announced this intention in june of last year. the mayor also promised to increase the housing supply and address the lack of affordable housing for citizens, with measures that will lead to a reduction in rental prices. one of the measures was the revocation of licenses for more than 10,000 short-term rental apartments in Barcelona.
There is already a law restricting the rental of individual rooms to tourists in barcelona, but the new measure will apply to entire houses/apartments.
Ss the mayor said, rents in the city had increased by 68% in the last ten years, while the cost of buying a home has increased by 38% in the same period.
In last week’s decision, the Spanish Constitutional Court ruled that the regional decree on tourist rentals “does not constitute a suppression of property rights.”
Reactions from short-term rental stakeholders
In November of last year, short-term rental platforms and professional associations had urged Mr. Collboni to reconsider his intention to ban short-term rentals.
The European Holiday Home Association [EHHA] issued a formal complaint to the european commission, arguing that the housing decree was “unjustified, discriminatory, and disproportionate, violating the EU services directive.” It also highlighted housing shortages across europe and suggested that challenges related to overtourism stem from factors such as population growth, insufficient investment in housing, and rigid urban planning.
Along with EHHA, the Short Term Accommodation Association [STAA] called on the Catalan government to engage in constructive dialogue and address the concerns raised by the european commission to ensure fair treatment of the STR sector, which is essential for tourism and local economies in Europe.
Similarly, Airbnb called on Barcelona to reconsider its approach to short-term rentals, on the tenth anniversary of the first crackdown on hospitality in the city, when it introduced a moratorium on tourist accommodation licenses.
If the holiday rental ban ultimately passes, the city of Barcelona will push for an increase in hotel supply to meet the demand from domestic and international tourists.
