EHHA Files EU Complaint Over Catalonia’s ‘Unjustified’ STR Rules

The European Holiday Home Association (EHHA) has escalated its opposition to Catalonia’s new short-term rental (STR) regulations by filing an official complaint with the European Commission. 

The association contends that the Catalan Housing Decree (3/2023) imposes unjustified and disproportionate restrictions on STR providers, violating the EU’s Services Directive, which requires such rules to be justified, non-discriminatory, and proportionate.

Viktorija Molnar, Secretary General of the EHHA, criticised the urgency and lack of public consultation surrounding the decree’s adoption, stating:
“The Catalan Housing Decree, that was adopted urgently and without any period of public consultation, is based on unconfirmed assumptions and without any evidence proving the causal link between the short-term rental accommodation providers and ignoring the complexity of housing issues.”

Molnar highlighted that the housing crisis is a multi-faceted issue involving factors such as underinvestment in housing, rigid urban planning regimes, and vacant properties—problems that cannot be solved by targeting STRs alone. 

She stressed that accusations linking STRs to over-tourism and housing shortages are overly simplistic and politically charged.

The EHHA’s complaint follows concerns already raised by the European Commission with Spanish authorities about the decree’s compliance with EU law. Molnar expressed disappointment that Catalonia has yet to address these concerns, stating: “We are convinced that EU law has not been respected. By submitting the EU complaint, we hope that the European Commission will take a step further and open a formal infringement procedure against Spain.”

While the decree’s restrictions aim to address housing shortages and over-tourism, the EHHA argues that they risk causing harm to local communities, tourism operators, and families who rely on STR income to offset rising living costs.

The EHHA has long advocated for data sharing and transparency within the STR sector to support evidence-based policymaking. However, Molnar emphasised that the Catalan government’s approach lacks the nuanced understanding necessary to tackle Europe’s housing challenges. 

She urged the newly formed Catalan government to act swiftly to revise the decree, commenting: “We urge the new Catalan government to review the concerns raised by the European Commission and act diligently and with urgency to suppress the unfair and disproportionate provisions of the law.”

This complaint marks a pivotal moment in the ongoing debate over short-term rental regulations. As the European Commission considers its next steps, the outcome of this dispute could set a precedent for STR policy across Europe, impacting providers and policymakers alike. For those operating in Catalonia’s STR sector, the resolution of this case could shape the regulatory landscape for years to come.

We applaud the EHHA for this decisive move and for working in tandem with regional associations in Spain to address the situation. 

The question now is whether raising the case to the European Commission will lead to meaningful change, or if the influence of the hotel lobby will overshadow this complaint. Only time will tell—but we remain hopeful for a fair and balanced outcome.

Read the EHHA press release in full here.

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