Barcelona mayor welcomes Constitutional Court ruling on tourist apartment restrictions 

Barcelona Mayor Jaume Collboni has welcomed the Constitutional Court’s decision to uphold restrictions on tourist rentals in Catalonia after rejecting an appeal filed by the conservative People’s Party (PP). 

The ruling confirms that the Catalan government's decree limiting tourist housing is legal and does not violate any constitutional principles.  

"Changing the rules of the game is not only positive and politically feasible but also completely legal and constitutional," Collboni said.  

He called the ruling "fantastic news for the right to housing," and said it provides "solvency and legal certainty" to Barcelona’s decision not to renew 10,000 tourist apartment licenses in November 2028.  

The Catalan government's decree introduces several restrictions on tourist housing, including a requirement for an urban planning license with limits on both the number and duration of permits. The regulation applies to 262 municipalities experiencing housing issues.  

The judges ruled that the restrictions do not violate property rights because owning a home does not automatically mean someone has the right to rent it out for tourism. The court also said the law protects local interests, maintains legal security, and does not go against national market rules. 

They also agreed that requiring licenses for tourist rentals is reasonable because it helps prevent harm to neighborhoods from over-tourism. Two judges disagreed with the ruling, though this did not change the final decision.  

Regarding private property rights, the court emphasized that the decree does not eliminate these rights but rather defines a specific aspect of their application. The ruling states that "tourist exploitation cannot be considered inherent to buildings designated by urban planning for residential use."  

The court confirmed that requiring a license for tourist rentals is legal because it helps protect cities from negative impacts, such as over-tourism. While the rule affects local governments, it still respects their authority since it serves a broader public interest.  

Collboni expressed "satisfaction" with the ruling, stating that "once again, it has been proven that turning political issues into judicial matters is not a good idea." He described the decision as "very important" and "groundbreaking."  

"We have always defended, and will continue to defend, our right to change the rules of the housing market in our city to ensure that as many of Barcelona’s citizens as possible can live here," Collboni said.  

He repeated that the decision not to renew 10,000 tourist apartment licenses is "not only fair and necessary but also legal and fully constitutional." 

The mayor also noted that the measure would return more housing "for living in" to Barcelona’s real estate market in an amount "equivalent to a decade of new construction."