The concept of a large landlord. What does the Report of the Direcció General de Tributs i Joc and the Agència de l’Habitatge de Catalunya clarify?

The concept of a large landlord. What does the Report of the Direcció General de Tributs i Joc and the Agència de l’Habitatge de Catalunya clarify?

The concept of a large residential property holder has become increasingly significant in recent years. This status determines the application of numerous obligations and restrictions, both in the field of taxation and under housing regulations, and is relevant to matters as diverse as Transfer Tax (ITP), the regulation of residential lease agreements and the exercise of rights of first refusal and pre-emption.

However, there is no single definition of a large residential property holder. Different definitions currently coexist depending on the applicable legislation, which has given rise to numerous questions of interpretation among notaries, registrars, lawyers and real estate market operators.

As regards the definition of a large residential property holder contained in the Ley 12/2023, de 24 de mayo, por el derecho a la vivienda, you can consult our article What Is a Large Property Holder under Law 12/2023 on the Right to Housing and How This Concept Has Been Defined in Stressed Residential Market Areas.

As regards the definition contained in the Llibrè Sisè del Codi Tributari de Catalunya, see instead our article The 20% Transfer Tax (ITP) rate for large residential property holders in Catalonia.

With the aim of harmonising criteria, the Col·legi Notarial de Catalunya submitted a number of joint queries to the Direcció General de Tributs i Joc (DGTJ) and the Agència de l’Habitatge de Catalunya (AHC).

In response, on 24 March 2026, both authorities issued a joint report analysing relevant issues such as the territorial scope of the concept of a large residential property holder, the properties that must be taken into account, the treatment of co-ownership, built surface area, the main residence and the point at which this status is acquired (hereinafter, the “Report”). The Report is an official joint interpretative document issued from both the tax and housing-law perspectives.

The Report shows that, although the DGTJ and the AHC adopt the same approach on many issues, significant differences remain due to the different purposes of tax legislation and housing legislation.

Below, we analyse the main conclusions of the Report, while also identifying those aspects that have subsequently been amended following the entry into force of Llei 11/2026, de 9 de juliol, which has partially modified the tax definition of a large residential property holder.

1. Territorial scope and the concept of a large residential property holder

One of the first issues addressed by the Report is which properties must be taken into account when determining whether a person qualifies as a large residential property holder and what territorial scope applies. On this point, the answer differs depending on whether the matter is considered from a tax or housing-law perspective.

From the AHC's perspective, a distinction must be drawn between dwellings located in stressed residential market areas and other properties. As regards the former, only dwellings located within the same stressed residential market area are taken into account. Outside stressed residential market areas, however, when determining whether a person qualifies as a large residential property holder because they own more than ten properties or more than 1,500 m² of residential-use property, the AHC considers that all dwellings located in Spain must be taken into account, provided that at least one of them is located in Catalonia.

The DGTJ takes a different approach. For the purposes of the Llibrè Sisè del Codi Tributari de Catalunya, it considers that only properties located in Catalonia are taken into account, regardless of whether or not they are located within a stressed residential market area.

When the Report was issued there were two stressed residential market areas in Catalonia — and still today —, declared by Resolucions TER/800/2024 and TER/2408/2024.

Both the DGTJ and the AHC interpreted that, in order to qualify as a large residential property holder by owning five or more properties in stressed residential market areas, those five properties necessarily had to be located within the same stressed residential market area. Specifically, the DGTJ had expressly confirmed this interpretation in Resolution 2/2026, published on 21 May 2026, which repealed certain interpretative rules concerning Article 641-1 of the Llibre Sisè del Codi Tributari de Catalunya contained in a previous resolution, Resolution 3/2025, issued on 27 June 2025.

That being said, this criterion of the DGTJ has been superseded by Llei 11/2026.

Since 14 July 2026, the five dwellings no longer need to be located within the same area. From a tax perspective, it is sufficient for them to be located in one or more municipalities declared to be stressed residential markets, even where those municipalities belong to different stressed residential market areas.

The Report also reiterates an essential point: the definition of a large residential property holder contained in the Llibre Sisè del Codi Tributari de Catalunya is an autonomous concept. Indeed, the preamble of the Ley 12/2023 already stated that the definition of a large residential property holder contained in that law is established for the purposes of that law, without prejudice to existing definitions, or definitions that may subsequently be adopted, under the legislation of the Autonomous Communities in this field.

This means that, for tax purposes, definitions contained in other administrative or civil legislation do not automatically apply unless the tax legislation itself expressly refers to them.

2. Which properties are taken into account?

The Report also addresses several questions concerning which properties are considered residential-use properties and must therefore be taken into account when determining whether a person qualifies as a large residential property holder.

2.1. Urban dwellings only, or rural properties as well?

Here too, the two authorities take different approaches.

The AHC considers that only urban properties used for residential purposes are taken into account.

The DGTJ, however, distinguishes between the two definitions of a large residential property holder established in the Llibre Sisè del Codi Tributari de Catalunya.

Where the status derives from ownership of five dwellings located in municipalities declared to be stressed residential markets, only urban residential-use properties are taken into account.

By contrast, where the status derives from ownership of more than ten properties or more than 1,500 m² of residential-use property located in Catalonia, rural properties used for residential purposes are also taken into account.

2.2. Dwellings without a certificate of habitability

Another issue addressed by the Report is the treatment of dwellings without a certificate of habitability.

The absence of a certificate does not, in itself, mean that the dwelling ceases to be taken into account, since this may simply be because no certificate has been applied for or because the previous certificate has expired.

From a tax perspective, a property will be excluded from the 20% rate if the certificate of habitability has been refused by the AHC because the property does not meet the requirements to be considered a dwelling.

Furthermore, from both the tax and housing-law perspectives, a negative technical certificate may be sufficient to exclude a property from the calculation if it establishes that the property could never obtain a certificate of habitability, even after carrying out the relevant works.

2.3. Dwellings under construction, in a state of ruin or awaiting a first occupancy licence

The Report also considers a number of situations that frequently give rise to practical questions.

Dwellings under construction are not taken into account, as they do not yet qualify as dwellings.

As regards dwellings awaiting a first occupancy licence, the DGTJ and the AHC adopt different approaches.

The DGTJ considers that these properties are taken into account, provided that they are in a position to obtain a first occupancy licence and are intended for residential use.

The AHC, by contrast, considers that they should not be taken into account because they cannot yet effectively enter the residential market.

There are also differences in relation to properties in a state of ruin.

The DGTJ considers that each case must be assessed individually to determine whether the property retains its suitability for residential use.

The AHC, by contrast, considers that properties formally declared to be in a state of ruin should not be taken into account.

2.4. Hotels, habitatges d’ús turístics (HUTs) and colivings

The Report also distinguishes between different types of accommodation.

Hotels, tourist apartment establishments, campsites, rural tourism establishments and student residences are not taken into account.

The DGTJ, however, considers that habitatges d’ús turístic (HUTs) must be taken into account, whereas the AHC takes the opposite view.

As regards colivings, neither authority establishes a general rule. Its treatment will depend on the specific characteristics of each establishment. If it consists of a dwelling rented by rooms, it will be taken into account as residential property. If, by contrast, it is structured in a manner comparable to a residence or collective accommodation, it will be excluded.

3. How are properties calculated?

Another issue that had generated significant uncertainty among legal practitioners was how properties should be counted where the holder does not have full ownership.

The Report addresses both the treatment of co-owned properties and the surface area that must be taken into account when determining whether a person qualifies as a large residential property holder.

3.1. Co-ownership

The DGTJ and the AHC agree that ownership of an undivided share cannot be treated as ownership of an entire dwelling.

The applicable calculation, however, varies depending on which definition of a large residential property holder applies.

Outside municipalities declared to be stressed residential markets

Where the status of large residential property holder derives from ownership of more than 1,500 m² of residential-use property, the relevant criterion is not the number of dwellings, but the surface area attributable to each owner.

Accordingly, where a property is owned by several co-owners, each owner will only take into account the square metres corresponding to their percentage interest. For example, if two siblings (A and B) each own an undivided 50% interest in a 200 m² dwelling, each will only take 100 m² into account when calculating their residential-use surface area.

If, in addition to co-owned properties, a person owns other dwellings outright or holds the bare ownership of them, that person will only qualify as a large residential property holder when the total residential-use built surface area exceeds 1,500 m². Continuing with the previous example, if one of the siblings (A) owns two additional dwellings measuring 55 m² and 125 m² respectively (180 m² in total), the 100 m² corresponding to A's interest in the co-owned dwelling must also be added. The resulting total would be 280 m². As this does not exceed 1,500 m² of residential-use property, A would not qualify as a large residential property holder.

Municipalities declared to be stressed residential markets

Where the second definition applies, undivided interests are likewise not counted as complete dwellings.

In this case, the DGTJ and the AHC consider that all ownership percentages must be added together until they reach 500%, equivalent to full ownership of five dwellings.

For example, a person holding a 50% interest in ten dwellings would reach 500% and would therefore qualify as a large residential property holder. By contrast, holding an interest of more than 50% in a dwelling does not mean that the dwelling can be counted as one complete unit.

3.2. Calculation of surface area

Which surface area is taken into account?

The Report also specifies which surface area must be used where large-holder status depends on the threshold of 1,500 m² of residential-use property.

The DGTJ and the AHC adopt the same approach on this issue.

Only square metres used for residential purposes are taken into account. Commercial premises, industrial buildings, warehouses and any other areas intended for non-residential use are therefore excluded.

Common areas of the building are also excluded.

Which surface area prevails?

The Report also establishes an order of priority for determining built surface area.

First, the surface area stated in the title deed or in the Registro de la Propiedad must be used.

If this information is unavailable, the surface area recorded in the Catastro will be used.

If the information is also unavailable in the Catastro, a certificate issued by a competent technical professional establishing the built surface area of the property will be required.

Where the surface area recorded in the Registro de la Propiedad differs from the cadastral surface area, the figure recorded in the Registro de la Propiedad prevails.

3.3. Garages, storage rooms and single-family homes

Another query submitted by the Col·legi Notarial de Catalunya concerned the treatment of garages and storage rooms.

For the purposes of the 1,500 m² threshold, only residential-use surface area is taken into account.

In the specific case of single-family homes, parking spaces and storage rooms are not considered entities independent from the dwelling and are therefore not excluded from the calculation.

4. When is large residential property holder status acquired?

The Report also addresses an issue with a direct impact on the taxation of real estate transactions: which is the first dwelling subject to the increased 20% Transfer Tax rate?

The answer follows from the statutory definition itself.

Where a person qualifies as a large residential property holder because they own more than ten properties or more than 1,500 m² of residential-use property, the first dwelling subject to the increased rate will be the twelfth. This is because large-holder status is not acquired until the person already owns more than ten properties.

Where the status derives from ownership of five dwellings located in municipalities declared to be stressed residential markets, the increased rate begins to apply upon acquisition of the sixth dwelling.

The Report also considers a practical example. Assume that a person owns four dwellings and acquires two additional dwellings under a single deed. In this case, the DGTJ considers that neither acquisition is subject to the increased 20% rate. This is because the tax becomes chargeable simultaneously in respect of both acquisitions. Accordingly, at the time the tax becomes chargeable, the taxpayer has not yet acquired large residential property holder status.

It should be borne in mind, however, that this interpretation was issued before Llei 11/2026 entered into force. Accordingly, the same criterion must now be understood by reference to five dwellings located in any municipalities declared to be stressed residential markets, even if they belong to different stressed residential market areas.

5. Main residence and property rights

The Report also addresses two issues with significant practical implications: whether a person's main residence must be included when determining large-holder status and how different rights over residential property are treated.

On both issues, the DGTJ and the AHC take different approaches.

5.1. Is the main residence taken into account?

One of the most significant differences between the two authorities concerns the treatment of the main residence.

For the purposes of the Llibre Sisè del Codi Tributari de Catalunya, the DGTJ considers that an individual's main residence should not be included when determining whether that individual qualifies as a large residential property holder. This approach had already been established in the Resolution 3/2025 and is maintained in the joint Report.

The DGTJ bases this interpretation on the constitutional right to enjoy decent and adequate housing, taking the view that tax legislation should not impose a tax penalty on the acquisition of a property intended to serve as the purchaser's main residence.

Consequently, where an individual who already qualifies as a large residential property holder acquires a dwelling to use as their main residence, the acquisition is not subject to the increased 20% Transfer Tax rate, but rather to the applicable general rate.

The AHC, by contrast, takes a different approach. For housing-law purposes, a main residence forms part of the holder's residential property portfolio and must therefore be included when determining whether that person qualifies as a large residential property holder.

This distinction is particularly significant because the same person may qualify as a large residential property holder under housing legislation while not qualifying as such for strictly tax purposes.

5.2. Full ownership, bare ownership and usufruct

The Report also considers which property rights over a dwelling must be taken into account when determining large-holder status.

Here again, the two authorities disagree.

The DGTJ interprets the statutory reference to an “owner” as including only full ownership and bare ownership. An usufructuary is therefore not regarded as an owner for the purposes of the Llibre Sisè del Codi Tributari de Catalunya, and dwellings over which a person merely holds a right of usufruct are not included.

The AHC, by contrast, considers that usufruct must also be taken into account.

According to the AHC, the usufructuary has the right to possess the dwelling, rent it out and receive the resulting income. It therefore considers that an usufructuary may also qualify as a large residential property holder.

This distinction once again demonstrates that the concept varies depending on the purpose of the legislation being applied.

6. Other specific situations

The Report also addresses a number of other situations which, although less common in practice, help define the concept more precisely.

6.1. Legal entities and corporate groups

One of the queries concerned whether properties owned by different companies within the same corporate group, or companies owned by the same person, could be aggregated.

Both the DGTJ and the AHC take the same approach.

Large residential property holder status must be assessed individually for each natural or legal person. Properties belonging to different companies cannot be aggregated merely because those companies have the same shareholders or directors, have family links between their shareholders, or belong to the same corporate group.

Each company is a separate legal entity and its status must therefore be determined solely by reference to its own assets.

6.2. Unadministered estate

The Report also considers dwellings forming part of an estate pending acceptance by the heirs (herencia yacente).

Both authorities reach the same conclusion.

Properties forming part of such an estate are not included because ownership has not yet passed to the future heirs and the estate itself does not have separate legal personality.

6.3. Trusts and foundations

The Report also addresses legal structures originating in other jurisdictions, such as trusts and foundations, which are increasingly encountered in cross-border transactions.

From a tax perspective, the DGTJ notes that these structures are not recognised as such under Spanish law. It is therefore not possible to establish a general rule regarding their treatment.

Each structure must be examined individually to determine its specific legal configuration and identify who actually holds title to the properties under the applicable law.

This illustrates that the concept of ownership used by the Llibre Sisè del Codi Tributari de Catalunya cannot always be readily transposed to legal institutions originating in other legal systems.

7. Garages, storage rooms and other ancillary units

The Report also addresses several issues concerning the treatment of garages and storage rooms when acquired together with a dwelling.

The DGTJ considers that these ancillary units are also subject to the increased 20% rate where they are acquired simultaneously with the dwelling and are functionally linked to it.

For this treatment to apply, however, the garages or storage rooms must be at the transferor's disposal at the time of the transfer; in other words, they must not be leased or otherwise made available to third parties.

The Report also clarifies that a functional link may exist even where the garage or storage room is located in a different building or is transferred separately, provided that the requirements laid down in the tax legislation are met.

This is particularly relevant in practice, as parking spaces and storage rooms are frequently transferred as separate registered properties.

8. Transfers of entire residential buildings

The Report also considers several issues concerning the application of the increased 20% rate to transfers of entire residential buildings.

First, it confirms that the increased rate may apply even where the building includes commercial premises, parking spaces or other non-residential units. In such cases, the 20% rate applies only to the portion of the value attributable to residential use. Current Catalan Tax Agency guidance applies the same approach to mixed-use buildings.

The Report also considers transactions involving several purchasers or several sellers. The tax treatment must be assessed individually by reference to each purchaser and the portion actually transferred.

Finally, the Report considers the progressive acquisition of the same building. Where the acquisition is completed through several successive transfers, the initial self-assessments are provisional and the position is regularised upon the final acquisition, at which point it is determined whether the increased 20% rate applies.

This prevents the same real estate transaction from receiving different tax treatment merely because it has been formalised through several deeds.

9. Summary of the main differences between the DGTJ and the AHC

Although the DGTJ and the AHC adopt the same approach on many of the issues analysed, the Report shows that significant differences remain.

The main differences are as follows:

| Issue | DGTJ | AHC |
| --- | --- | --- |
| Territorial scope for the threshold of more than 10 properties | Only properties located in Catalonia are taken into account | Properties located anywhere in Spain are taken into account, provided that at least one is located in Catalonia |
| Dwellings located in stressed residential market areas | Following Llei 11/2026, they may be located in municipalities belonging to different stressed residential market areas | The five dwellings must be located within the same stressed residential market area |
| Rural residential-use properties | Taken into account outside municipalities declared to be stressed residential markets | Not taken into account |
| Dwellings awaiting a first occupancy licence | Taken into account if they are in a position to obtain the licence | Not taken into account |
| Dwellings formally declared to be in a state of ruin | Each case and the property's residential planning use must be assessed | Not taken into account if formally declared to be in a state of ruin |
| Main residence | Not taken into account | Taken into account |
| Usufruct | Not taken into account | Taken into account |
| Habitatges d’ús turístic (HUTs) | Taken into account | Not taken into account |

These differences have a straightforward explanation: while the DGTJ interprets the concept of a large residential property holder from a strictly tax perspective, the AHC approaches it from the perspective of housing legislation and public housing policy.

Conclusions

The joint Report of the DGTJ and the AHC represents the first attempt to harmonise criteria concerning a concept that has given rise to numerous interpretative questions.

Although both authorities agree on many issues, significant differences remain, making it impossible to speak of a single concept of a large residential property holder.

The position is further complicated by the fact that some of the criteria contained in the Report have already been partially superseded by Llei 11/2026, particularly as regards the calculation of dwellings located in municipalities declared to be stressed residential markets.

Accordingly, before determining whether a natural or legal person qualifies as a large residential property holder, it is essential to identify the applicable legislation and the perspective — tax or housing law — from which the issue must be analysed.

Amaia Forcada