Since Decree 5/2025 came into force, the property sector in Catalonia has faced a dual regulatory challenge: the concept of the ‘Large Property Owner’ no longer has implications solely in the housing sphere (rent control, evictions and the public administration’s rights of first refusal and pre-emption), but now has a direct tax impact, triggering the application of a 20% surcharge on Property Transfer Tax (ITP).
Given the discrepancies between Law 24/2015, the State Housing Law 12/2023 and the recent regional decree, the Notarial Association of Catalonia raised a series of interpretative queries with the Catalan Government. The response has come in the form of a Joint Report from the Directorate-General for Taxation and Gaming and the Catalan Housing Agency (published in March 2026).
At exnovo.law, your law firm specialising in property and tax law, we have analysed this report in depth. To make it easier to understand, we have prepared this explanatory article which breaks down, point by point, how the concept of a ‘major holder’ applies depending on whether we are dealing with a housing issue (tenancies, litigation) or a taxassessment (ITP).
Below, we present a detailed summary table with the 35 issues resolved by the Catalan Government:
| No. | Question / Practical Scenario | Consequences in relation to housing (rent control, right of first refusal) | Consequences in tax matters (20% property transfer tax) |
| 1 | Territorial scope of the numerical calculation of properties. | High-demand areas: Only properties in high-demand areas of Catalonia (the same area) are counted. Non-high-demand areas: All properties in Spain are counted, provided at least one is in Catalonia. | Only properties located in Catalonia are counted (whether or not they are in high-demand areas). |
| 2 | Counting of rural properties used for residential purposes. | Only urban properties used for residential purposes are counted. | high-demand areas: Urban properties only.non-high-demand areas: All properties (urban and rural) used for residential purposes. |
| 3 | Discrepancies between different regulations. | The definitions set out in the relevant Housing Acts apply. | The tax definition is specific and autonomous (Art. 641-1.5 of the Tax Code). It is not integrated with civil/administrative regulations except where there is a provision for substitution. |
| 4 | Properties held in the name of trusts, foundations or under foreign law. | Governed by the general rules for identifying the owner. | Not recognised in Spain. Tax transparencyapplies: it is deemed to be held directly by the actual beneficiaries/contributors. |
| 5 | Properties in high-demand areas declared on different dates. | They must be situated in the same high-demand residential market area (same declaration/resolution) to be counted together. | Same criterion. All properties must be located within the samedeclared high-demand area. |
| 6 | Calculation of undivided shares (co-ownerships). | Area (>1500m²): The m² proportional to the % is added. Number (high-demand areas): The % of ownership is added up to 500% (equivalent to 5 full dwellings). It does not count as a whole unit as it is >50%. | Area (>1500m²): The square metres are added proportionally to the %. Number (high-demand areas): The % of ownership is added up to 500% (equivalent to 5 full dwellings). It does not count as a whole unit. |
| 7 | Calculation of non-residential elements (shops, industrial units). | To calculate the 1,500 m², only square metres used for residential purposes are counted. Common areas are excluded. | Same criteria. Only square metres intended for residential use are counted (shops, industrial units and communal areas are excluded). |
| 8 | Discrepancies in floor area between the Land Registry and the Cadastral Register. | The area recorded in the Land Registrytakes precedence. Failing that, the Cadastral Register. If neither is available, a technical measurement certificate. | The area recorded in the Land Registry takes precedence. Failing that, the Cadastral Register. In exceptional cases, a technical certificate. |
| 9 | Area of garages/storage rooms in single-family dwellings. | They are included. They are not excluded from the area calculation because they are not separate registered entities from the house. | They are included, for the same reason. |
| 10 | Calculation of the owner’s main residence. | It is taken into account in the total calculation of the owner’s properties. | It is excluded from the calculation. Furthermore, the purchase of one’s own main residence by a GT is not taxed at 20%. |
| 11 | The exact moment at which the status of GT is acquired. | This status is determined at the time of signing contracts or facing eviction proceedings. | Pay 20% to the National Housing Fund ( ) when purchasing your 12th property (in general) or your 6th property (in a high-demand area). |
| 12 | Purchase of multiple properties in a single transaction. (E.g.: You own 4 and buy 2 more). | N/A (the focus here is on the accrual of the tax). | Taxed at the standard rate (10%). The tax liability arises immediately and, at the time of signing, the buyer was not yet a large-scale property owner. |
| 13 | Properties without a certificate of occupancy. | Excluded only if the AHC has refused the certificate, or with a technical certificate demonstrating the physical/legal impossibility of obtaining it. | Same criteria as for residential property. Exemptions apply only if there is an express refusal or proven technical impossibility. |
| 14.1 | Properties under construction. | These are not counted (they are not yet dwellings). | They are not counted (they are not yet dwellings). |
| 14.2 | Dwellings in a state of disrepair. | Not included if they have been formally declared derelict by the local council. | They are included if their use in the town planning scheme remains ‘residential’ (unless specifically assessed on a case-by-case basis). |
| 14.3 | Homes awaiting a First Occupancy Licence. | These are not counted (they are not immediately available on the market). | They are counted (they have a designated residential use and are eligible to obtain it). |
| 15.1 | Hotels, aparthotels and student residences. | Not included (they are for tertiary/tourist use, not residential). | Not included: (they are designated for leisure and hospitality purposes for cadastral/town planning purposes). |
| 15.2 | Tourist Accommodation (HUT). | Not included (neither for rent control nor for right of first refusal, as they are used for tourism). | They are included (the objective use of the property remains residential). |
| 15.3 | ‘Coliving’ properties. | If it is a property rented out by the room: Yes. If it is a communal residence: No. | Same as for housing. It will depend on its exact planning classification on a case-by-case basis. |
| 16 | Functionally subordinate properties (gatehouse, farm workers’ quarters). | They are included, provided they are eligible for their own certificate of occupancy. | They do count, provided they are classified for residential use under town planning regulations. |
| 17 | A natural person who is the sole shareholder of a GT company. | Not a Large Holder. The company has its own legal personality. The principle of separation of assets applies. | Is not a Large Holder, by virtue of the same principle of separation of assets. |
| 18 | An individual who is a partner in two companies, each with three properties. | Each company is assessed individually (neither is a GT). Nor does the partner add up the properties of the companies. | Same. The companies are taxed separately and neither reaches the threshold. |
| 19 | Groups of ‘de facto’ companies or companies with family links. | Each company/person is assessed individually according to its registered owners, without aggregation. | Same. The ownership of the must be directly included in the assets of the liquidated person (natural or legal). |
| 20 | Usufructuary vs. Bare Owner. | Both the holder of full ownership and the holder of usufruct(who has the right to use and receive income) are counted. | Both full ownership and bare ownership are counted. The usufructuary is excluded for tax purposes. |
| 21 | Properties in an undistributed estate. | They are not included until the heirs formally accept the inheritance. | They are not included. Furthermore, the estate in abeyance has no legal personality and is not liable for tax. |
| 22 | Consolidation of ownership upon the death of the usufructuary. | N/A | If the bare owner is a GT upon consolidation, they pay 20%. If they are not a GT today (even if they were at the time of dismemberment), they do not pay the 20%. |
| 23 | Purchase of a property with more than two parking spaces. | N/A | The GT buyer is taxed at 20% on the property and for a maximum of two parking spaces. All other parking spaces are taxed at the standard rate. |
| 24 | Purchase of garages in a building other than the property. | N/A | The 20% rate applies if they are purchased as part of the same transaction, are at the seller’s disposal (without the to rent) and serve that property. |
| 25 | Purchase of garages in a municipality other than that of the property. | N/A | Apply 20% if purchased as a single unit and it is demonstrated that they directly serve the property (e.g. neighbouring municipalities). |
| 26 | Requirement: “At the disposal of the transferor” for garages/storage rooms. | N/A | This means that at the time of sale, the annexe cannot be rented out or assigned to a third party. If it is, it is taxed at the standard rate. |
| 27 | Purchase in a single transaction but from different sellers (House from Seller A, Garage from Seller B). | N/A | Yes, it is taxed at 20% if the purchaser is a GT and the garage meets the requirements of serving the property and not being let. |
| 28 | Transfer of an entire building to multiple buyers (shares/flats). | N/A | Taxed at the standard rate (10%), unless any of the individual buyers is already a Large Property Holder in their own right. |
| 29 | Purchase of an entire building by one buyer from multiple sellers. | N/A | Yes, subject to 20%. If carried out in stages over time, the partial settlements are provisional s and must be regularised upon completion of the building. |
| 30 | Review period for partial purchases of buildings. | N/A | It is not perpetual. The general limitation period of 4 years from the date of accrual of each partial settlement applies. |
| 31 | Pre-emptive rights without fungible consideration. | Excluding only the first transfers of new-build properties between companies within the same business group. | N/A |
| 32 | Application of Article 641.1.6 (other cases of building purchases). | N/A | This article is intended exclusively for buyers who are NOT Large Holders and who purchase an entire building. |
| 33 | Purchase of an entire mixed-use building by a Large Holder. | N/A | The Large Holder is subject to Article 641.1.5. They pay 20% for the residential portion and, in addition, for up to 2 parking spaces and 1 storage room for each dwelling in the building. |
| 34 | Taxation of the commercial portion in a mixed-use building >€600,000. | N/A | The commercial part is taxed at the standard rate, but the tax bracket is calculated based solely on the value of the commercial part, not on the total value of the building. |
| 35 | 20% exemption for using the building as a headquarters or workplace. | N/A | The regulation does not specify an exact timeframe. It must be used for this purpose within a ‘reasonable time’ and maintained, subject to inspection by the Tax Agency. |
The legal framework for property investors in Catalonia requires legal overhaul. The same property, such as a Tourist Accommodation, may not count towards limiting your rental income, but it can count towards significantly increasing your taxes when acquiring a new property.
Do you have questions about your property portfolio or are you planning to make a purchase in Catalonia? At exnovo.law, we specialise in optimising property taxation and protecting your investments against the current complex regulations. Contact us and we will analyse your situation on a personalised basis.
Reference to the full report:
Catalonia. Directorate-General for Taxation and Gaming, and the Housing Agency (2026). Joint report by the Directorate-General for Taxation and Gaming and the Housing Agency in response to queries raised by the Notarial Association of Catalonia regarding the concept of a ‘large-scale property owner’. Catalonia. Department of Economy and Finance.https://hdl.handle.net/20.500.14345/2694
