Barcelona denies waiving fines for developers over 30% social housing rule

Barcelona City Council has insisted that all the cases it opened regarding possible violations of the 30% rule – requiring real estate developers to allocate at least 30% of new housing projects to affordable or social housing – are "still open and could result in a fine." 

First deputy mayor Laia Bonet spoke to media about the issue on Monday, following the publication by Catalan newspaper Ara on Sunday that, in 2023, the council shelved open cases that could have resulted in fines for violations of the regulation. 

Barcelona City Council admits that the cases expired and were closed administratively, but denies that fines were forgiven. 

Another route was initiated, Bonet explained, a "restitution" procedure – the first step to "uncover" non-compliance, initiate new cases against developers, and impose the corresponding fines. 

Nine possible cases 

According to the deputy mayor, nine cases of potential violations in applying the 30% quota have been detected, following an inspection carried out in 2022. 

The building permits requested by developers did not comply with regulations. The city council then initiated an "urban planning legality restitution procedure," which obliges the developer to request the correct permit 

According to the council, the violations involve large renovation projects that were processed with a different type of permit.  

Violation confirmed 

Non-compliance has been confirmed in one of the nine cases and a recent court ruling found in favor of the city council. 

This allows the sanctioning procedure to be initiated and the corresponding sanction to be imposed, Bonet explained. 

"Therefore, first, restitution of urban planning legality and requesting the correct permit, and once this is done, we have all the tools – with the legal certainty that we need – to be able to also impose the fine, and for it not to be overturned if there is an administrative appeal." 

Other cases  

The same path could be followed in the remaining eight cases. 

Some are currently in the contentious court, others in the administrative court, but all are in the restitution phase, Bonet said, adding that the council was following the recommendation of its legal services on how to proceed.