Source: Excerpts from "Spain's Constitutional Court endorses Barcelona rental ban plan" published in Short Term Rentalz.
Spain's Constitutional Court in Madrid has endorsed a proposal to ban all holiday rentals for tourists in Barcelona by November 2028. This decision was taken by rejecting an appeal arguing that the ban would infringe the rights of private landowners.
Following the announcement of the court ruling, the Barcelona authorities declared that no renewal of tourist licences for short-term rentals after 2028The European Parliament's resolution, bringing this far-reaching measure for Spain and Europe closer together. The Mayor of Barcelona, Jaume Collboni of the Socialist Party of Catalonia, told reporters: "...the European Union is not a party of the European Union, but of the European Union.The ruling of the Constitutional Court strengthens, validates and gives legal certainty to this measure. We are on the right track".
Collboni first announced his radical proposal in June last year, promising that the city government would increase the supply of housing and address the shortage of affordable housing for citizens, as well as combating the "housing shortage".skyrocketing rental prices that are getting more expensive by the day". The latest proposed measure would revoke licences for more than 10,000 short-term rental flats in Barcelona if it were to be implemented.
A law already restricts tourists from renting single rooms in Barcelona, but the new measure will apply to complete dwellings/apartments. The Mayor of Barcelona had indicated that this was in response to the fact that rents in the city had risen by 68 per cent in the last ten yearswhile the cost of buying a house had also increased by 38 per cent. during the same period.
In last week's ruling, Spain's Constitutional Court ruled that the regional decree for tourist rentals "does not constitute an abrogation of property rights".
By November last year, short-term rental platforms and lobby associations had urged Collboni to reconsider his crackdown on the short-term rental segment. The European Holiday Home Association (EHHA) lodged an official complaint with the European Commission, arguing that the housing decree was "... a "very serious and serious breach of the law".unjustified, discriminatory and disproportionate, in violation of the EU Services Directive.". He also highlighted the shortage of housing across Europe and suggested that challenges related to over-tourism stem from factors such as population growth, under-investment in housing and rigid urban planning.
Together with EHHA, the UK's 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 a fair deal for the short-term rental sector, which is essential for Europe's tourism and local economies. Similarly, Airbnb called on Barcelona to reconsider its approach to short-term rentals, on the tenth anniversary of the city's first crackdown on tourist accommodation, when it introduced a moratorium on tourist accommodation licences.
If the ban on holiday rentals is finally approved, the city of Barcelona would drive an increase in hotel supply to meet the demand of national and international tourists.
