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The law to limit speculative buying remains up in the air in Catalonia
The proposal to curb speculative home buying in Catalonia has suffered a major legal setback. The Consell de Garanties Estatutàries considers that the text violates several constitutional provisions, a conclusion that forces the Govern and the Comuns to rethink one of their main measures in response to the housing crisis.
The regulation aimed to allow local councils in high-pressure areas to set conditions on the use of certain acquired homes. The properties would have to be used as a main residence, for a family member, or for long-term rental subject to legal limits, preventing transactions intended solely for resale or for maximising profit from the property.
The Consell argues that this regulation disproportionately affects the right to property and inheritance, freedom of enterprise, and legal certainty. It also notes issues related to contractual obligations and a lack of clarity about how the measure would be applied.
The report also questions the use of the single reading procedure, an expedited process reserved for straightforward texts. According to the advisory body, a reform with direct effects on property, contracts, and municipal powers required a broader parliamentary debate.
Another criticism concerns the lack of involvement of local entities. The future law would have given councils a central role in defining and applying the restrictions, but municipal representatives were not consulted during the drafting of the text.
Although the report does not legally oblige the Parlament to halt the initiative, it is unlikely that the proposal will move forward without changes. The Govern has announced it will seek solutions compatible with the Statute and the Constitution to protect residential housing and prevent its concentration in a few hands.
The Comuns reject the Consell's interpretation and argue that the law did not prohibit buying homes, but regulated their subsequent use. The group will consider new options together with other parties and tenants' associations, while the property sector is calling for the project to be withdrawn entirely.
The decision puts on hold a measure that could have affected Barcelona and most municipalities declared as high-pressure housing market areas. The debate now returns to the Parlament with an open question: how to limit speculative transactions without infringing on property rights and state powers.