This information note aims to comment on the significant development represented by the approval of Decree-Law 2/2025, of February 25, which adopts urgent measures in housing and urban planning.
The Decree-Law is adopted to address the fact that, although we are in a situation of budget extension for the second consecutive year, housing is a matter that requires urgent measures. In this case, the urgency specifically refers to bringing new housing to the market as soon as possible. The goal is to promote Housing with Official Protection (HPO) and other types of accommodation. To this end, various laws are partially amended:
- Law 3/2017 on public works.
- Law 13/1996, on the Registration and deposit of bonds.
- Legislative Decree 1/2010, Consolidated Text of the Urban Planning Law (CTUP) and its Regulation Decree 305/2006 (RUP).
- Law 18/2007, on the right to housing (LRH).
- Decree-Law 1/2015, on extraordinary and urgent measures for the mobilization of housing from foreclosure processes.
- Law 11/2022, on urban, environmental, and social improvement of neighborhoods and towns.
- Decree-Law 17/2019.
- Law 12/2017, on architecture.
- Decree-Law 1/2009, on the regulation of commercial facilities.
- Law 3/2009, on the regularization and improvement of urbanizations with urban deficits, is repealed.
Below, we present the main changes adopted, organized to facilitate understanding of the legislator’s intent.
URBAN PLANNING (CTUP, RUP, Law 11/2022):
1. The Planning Register becomes the Urban Planning Register and will also serve to publicize (with online access) urban management instruments, not just planning. Within 2 months of final approval, municipalities must send a complete copy to the Generalitat of the documentation to be published (including planning and urban management instruments).
2. The need to justify urban planning limitations on land uses when they restrict access to or exercise of economic activities is legally established, always respecting the principles of the Services Directive and justifying overriding reasons of general interest. Subsequent regulatory regulation is expected, but this provision will require the adaptation of Urban Plans that establish such limitations, which must now be adequately justified.
3. Installations to reduce energy demand in isolated building typologies are permitted; they must not exceed 2.2 m in height nor occupy more than 50% of the non-buildable area.
4. The requirement that, to occupy system lands or private non-buildable lands during rehabilitation works, there must be a minimum 30% reduction in energy demand is eliminated. Only a reduction in this demand will be required.
5. INCASOL may now have the status of Acting Administration to execute urban management sectors, if determined by the Minister responsible for urban planning.
6. The transfer of development rights is reduced by half in Non-Consolidated Urbanizable Land if it involves a non-profit social developer executing a HPO promotion, provided that all the land belongs to social developers, the dominant use of the sector is residential, and more than half of the buildable area is allocated to HPO.
7. Clarification is given that non-demarcated urbanizable land is subject to the regime of undevelopable land until transformed. Provisional uses and works are allowed on both demarcated and non-demarcated urbanizable land, and on land allocated to urban systems. Vehicle parking is included as a provisional use. Guarantees for land restoration may take any legally valid form, including unilateral mortgages.
8. HPO housing floor area reserves are updated in line with Law 12/2023: 40% for urbanizable land and 30% for non-consolidated urban land. No HPO reserve is required in municipalities that only distinguish between urban and undevelopable land.
9. Urban sectors may be developed in sub-sectors if justified, balanced in land use, and if a detailed plan of the whole sector is included in an initial planning instrument. This may later be adjusted with derived planning.
10. If planning is amended to construct publicly owned educational or healthcare facilities, following a specific declaration of public interest, it is not required to preserve the surface area or function of sports facility land.
11. The timeframe for exercising urban planning rights begins with the plan’s validity. If no timeframe is set, a 3-year period applies. Amendments or reviews after that will not be considered premature (thus avoiding compensation), unless the delay is attributable to the administration.
12. For public HPO development, a basic permit may be applied for, allowing works to begin while the urban planning permit and other necessary authorisations are processed, under joint liability of the developer, builder and works director. The basic permit must be resolved within one month. If the urban permit is later denied, the construction may not be used or operated and will be subject to legal enforcement procedures.
13. The statute of limitations for legal enforcement procedures is extended from 6 to 18 months.
14. Law 3/2009 on Urban Developments is repealed and replaced with a new Additional Provision 25 in the TRLU, covering:
a. Applies to developments built between 1956 and the entry into force of Law 9/1981 with pending urbanisation works.
b. If located in undevelopable land and to be continued, derived planning must:
i. Specify the applicable regime, distinguishing legally built structures from those treated as outside planning.
ii.Define minimum services, possibly self-managed by owners.
c.If reclassified as non-consolidated urban land:
i. Limit urbanisation works and explore property swaps.
ii. Reserve land for open spaces on slopes under 20%, with 5–10 m²/household.
iii. Owners must transfer 5% of land use, unless over 50% is already built. Sale proceeds may finance infrastructure.
iv. No HPO reserve applies.
v. Low-cost systems must provide services.
vi. Partial infrastructure handovers are allowed.
d. If currently classified as urban or urbanisable:
i. With a registered reparcelling plan: no new reserves may be imposed.
ii. With detailed planning but no reparcelling: reserves may be reduced, and former reserve land reclassified as undevelopable.
iii. Floor area increases must meet general requirements for non-consolidated urban land.
e. Pending system land transfers are registered in favour of the municipality without compensation or consent.
15. Urban plans for “projects of overriding public interest” may be Urban Master Plans defining one or more AREs, including direct execution or amendments. Uses must comply with environmental permit requirements. Planning, urban management instruments and urbanisation projects may be processed jointly, including documentation from technical projects under the LOE. Technical and financial feasibility must be demonstrated.
16. Law 11/2022 on “Neighbourhoods” is amended to:
a. Extend funding to urban areas with deficits.
b. Allow the 5-year funding period to extend to 8 years if 50% of the budget is spent within the first 4 years.
c. Replace “applicant public-community partnership” with simply “public-community partnership.”
d. Clarify that contributions to the economic fund must go toward execution of funded projects.
e. In emphyteutic lease cases, reimbursement in resale cannot exceed the investment made using the fund.
f. Project evaluation plans are now approved by the competent Department, not by Government decree.
17. Urban development consortia in AREs are abolished and replaced with agreements.
18. To ensure continuity of homes on rural land, descendants of the holder of an agricultural operation may inhabit them, provided they are residents.
HOUSING (LDH, DL 1/2015, Dl 17/2019, Law 13/1996):
1. HPO classification will be permanent when established by a specific access and rehabilitation promotion programme.
2. The Generalitat may exercise preemptive purchase (tanteo) and repurchase (retracto) rights in all designated strained housing markets. This now includes sales of any housing in these areas owned by legal-entity large landlords registered in the Large Landlords Register. Until the regulation is approved, sellers must present a registry certificate proving large landlord status in the deed.
Additionally, the Generalitat will not exercise these rights for homes from foreclosures acquired by individuals registered as applicants, who commit to:
– Permanently classifying the property as HPO;
– Using it as their habitual residence for at least 10 years.
Breach of this commitment will trigger Generalitat intervention.
All homes acquired through these rights must be permanently classified as HPO, even if their price exceeds HPO thresholds. These homes will not be subject to HPO characteristics, but resale prices will be acquisition price + CPI.
3. A Register of Large Housing Holders is created. All large holders must notify the Housing Agency of their status, even before regulations are enacted. The Agency will share data with local authorities and courts.
4. “Specific programmes” are a new tool allowing differentiated conditions: permanent classification, tailored sale/rental prices, and housing characteristics.
5. HPO applicants may be eligible only for a specific development. If they are registered, meet requirements, and fail to apply, they will be removed from the register unless they prove the housing is unsuitable.
6. HPO applicant registration expires after 2 years without renewal.
7. Failure to supply data to the administration from empty/occupied housing registers or large landlord registers is a serious offence.
8. HPO sale and rental prices are updated.
9. Maximum applicant income is weighted by household size and Area A location (0.75 factor).
10. Urbanised land classified for HPO cannot be sold for more than 20% of the HPO per m² price in force.
11. The maximum surface right transfer price of an HPO is 85% of its maximum sale price.
12. The Generalitat may use a larger portion of rental deposit funds held at INCASÒL to build public housing, following legal changes.
PUBLIC WORKS AND ARCHITECTURE:
1. For Generalitat public works projects, the following are eliminated:
a. Requirement for the promoter’s decision on informative studies or preliminary designs.
b. Mandatory public consultation and hearing.
c. Option to replace public consultation with hearings for minor projects.
2. For projects linked to HPO, architectural service contracts and planning instruments are exempt from special procurement requirements (e.g., design competitions, combined project-work contracts over €60,000).
3. Independent tendering for site management and health and safety coordination is no longer required, but coordination and professional cooperation remain obligatory.
COMMERCIAL FACILITIES:
1. Definitions clarify what constitutes residential uses and detailed planning.
2. For consolidated urban areas, residential area and dominant residential use are clarified. Previous definitions for inserted commercial uses are removed.
Decree-Law 2/2025 entered into force on 27 February 2025.
We remain at your disposal to clarify or expand upon the contents of this note. Please contact us at: dcn@clavellcanalsconstulting.com and acc@clavellcanalsconsulting.com.