On February 27, Decree Law 2/2025 came into force, establishing the creation of the Register of legal entities owning housing, with an administrative character and which will depend on the Agència de l’Habitatge de Catalunya (Housing Agency of Catalonia). All legal entities that are large holders (that is, owners of 5 homes in areas declared as “stressed residential market”, or 10 in non-stressed areas) must be registered in it.
These legal entities must inform the Agència de l’Habitatge de Catalunya of their status as large holders, as well as the total number of homes in their name, without prejudice to the fact that when the specific regulation that will regulate the operation of the Register comes into force, they must carry out this registration, in accordance with the form, data and deadlines that are determined.
On the other hand, the new regulation extends the right of first refusal and withdrawal of the Catalan public administration, so that the following cases will be subject to the right of preferential acquisition of the Generalitat de Catalunya:
• The transfer of homes located in a stressed area that are owned by a large holder. It is important to note that the right of preferential acquisition by the Administration will be applicable both to the first transfer and to subsequent ones throughout the validity of the Decree Law.
• The award of any home that comes from an administrative or judicial auction.
• On the other hand, those transfers of homes that are newly built homes that are intended for natural persons who are going to use them as their first home will not be subject to the right of first refusal and withdrawal of the Administration.
However, until the regulatory decree that will implement the Registry of large property owners comes into force, legal entities that wish to transfer properties located in an area declared a “tense residential market” must prove, by means of a registry certificate, the number of properties they own at the time of formalizing the public deed of sale, for which this must be recorded on the title.
