Catalonia Tourist Flat Licences: the 2028 Deadline Stands

Few parliamentary votes are followed as closely from a property manager’s desk. On the table was the whole Catalan regime for tourist flats (HUT, habitatge d’ús turístic): the prior urban licence, the density ceiling, and an expiry date for the flats already operating.

On 30 June 2026 the Catalan Parliament settled the question: the Junts party’s bill to repeal the Decree-Law 3/2023 regime fell at the first hurdle¹, with PSC, ERC, Comuns and CUP voting it down (71 votes to 50, Vox abstaining)², according to the party-by-party count published by Crónica Global³.

Here is what the rule actually says, your options by situation, and what is happening in Barcelona, which is a case of its own.

What Decree-Law 3/2023 says, without varnish

Decree-Law 3/2023, in force since 9 November 2023, changed the rules in the 262 municipalities listed in its annex (those declared under housing stress or at risk of imbalance, essentially anywhere above 5 tourist flats per 100 residents)⁴:

• Prior urban licence. Devoting a dwelling to tourist use in those municipalities requires an urban-planning licence, grantable only where the municipal plan expressly allows that use.
• Density ceiling. No new licences where the municipality already exceeds 10 tourist flats per 100 residents.
• Licences with an expiry date. New licences last 5 years, renewable for equal periods if planning still allows it.

And the flats that already existed? The second transitional provision gave them 5 years from entry into force to keep operating, that is, until November 2028⁴. When that date arrives, you either hold the new urban licence or you cease activity. A legal detail that surprises almost everyone: those 5 years of transitional operation are, per the rule itself, the compensation. No money is foreseen for the extinction.

The extension of up to 5 years for uncompensated investment

The same transitional provision opens a route for specific cases: whoever can prove the transitional period does not compensate their investment may request a single extension of up to 5 further years⁴. The application window runs from the fourth year of the transition until the fifth ends, in practice November 2027 to November 2028.

It is not automatic: you must show with numbers that your investment was not amortised during the transition. If you bought or renovated shortly before November 2023, document that investment now; it will be the backbone of the file.

Barcelona’s plan: no HUT licence renewals in 2028

Barcelona concentrates some 10,101 HUT licences⁵ and its city council announced in June 2024 that there will be no renewal when the Decree-Law window closes: the city wants those dwellings back in residential use from November 2028⁶.

The legal arm-wrestle is ongoing. Catalonia’s high court has been rejecting the Apartur association’s challenges to the city’s limits, though some appeals remain open, and in June 2026 the association demanded the city withdraw its “end of licences” campaign, arguing no formal extinction act exists yet⁷. The city maintains the plan. The prudent reading for an owner: plan around extinction in November 2028 and treat any judicial twist as a pleasant surprise, not the other way round.

The PP’s Constitutional Court appeal does not suspend the HUT regime

You may have read that “the Constitutional Court suspended the Catalan rules”. Not so. What happened: the Court admitted on 9 June 2026 the PP party’s appeal (2415-2026) against several articles of Law 11/2025, the Catalan law that extended rent containment to seasonal and room rentals⁸. Two clarifications:

1. Admission suspends nothing: Law 11/2025 remains fully in force.
2. That law concerns seasonal and room rentals, not the HUT licence regime of Decree-Law 3/2023, which this appeal does not touch.

What to do with your HUT, by situation

One thing changes in no scenario: while the flat operates, guest registration with the Mossos d’Esquadra remains mandatory for every guest, with its own penalty regime. The licence and guest registration are separate obligations, enforced separately.

Catalonia is not the only region that put a date on something in 2026: Madrid rewrote the physical requirements for its tourist rental homes with Decree 27/2026, with an adaptation deadline in April 2029.

Frequently asked questions

What exactly happens in November 2028? In November 2028 the 5-year transitional period of Decree-Law 3/2023 ends for tourist flats that already operated in the 262 annex municipalities. To continue, you will need the new urban licence (where planning allows) or the single extension of up to 5 years for uncompensated investment.

Did the Parliament vote change anything? The Parliament vote changed nothing. It rejected the repeal, so everything stands: prior licence, the 10-per-100 ceiling, and the November 2028 horizon.

Is there compensation if my licence is extinguished? There is no money paid out if your licence is extinguished: the rule treats the 5 transitional years of operation as the compensation. The only extra route is the extension for uncompensated investment, which must be applied for and proven.

Does the PP’s Constitutional Court appeal suspend the rules? The PP’s Constitutional Court appeal does not suspend the rules. The admitted appeal targets Law 11/2025 (seasonal and room rentals), not the HUT regime, and admission does not suspend a law.

Can I sell my dwelling with its HUT licence? Yes, you can sell your dwelling with its HUT licence, since the habilitation travels with the property and a change-of-holder procedure exists. The buyer, though, inherits the same calendar: November 2028 does not reset with the sale.

This article is informational and is not legal advice. Transitional deadlines depend on each municipality’s designation date: check your specific case against the current annex and with your town hall.