The Right of First Refusal on a Rental Apartment in Catalonia: Regulatory Framework and Key Elements

The right of first refusal and redemption refers to preferential acquisition rights that allow certain individuals or administrations to acquire a property with priority over third parties, under the same price and sale conditions. In the context of a rental apartment in Catalonia, the regulatory framework and the elements to consider are diverse and complex, stemming from both state and regional legislation.

Main Regulatory Framework in Catalonia:
In Catalonia, the right of first refusal in the context of rental housing is mainly governed by:

• Law 18/2007, of December 28, on the Right to Housing (LDH): Grants the Generalitat of Catalonia and, by delegation, the municipalities the right of first refusal and redemption in certain housing transfers, especially those arising from foreclosures, deeds in lieu of payment, or large holders in areas with proven residential demand.

• Decree Law 1/2015, of March 24: Strengthens the right of first refusal and redemption of the Administration in cases of foreclosures or deeds in lieu of payment.

• Decree Law 17/2019, of December 23: Expands the cases in which the Generalitat can exercise these rights, especially in areas with strong residential demand and vacant or illegally occupied housing.

Tenant’s Right of First Refusal (lessee):

The State Urban Leases Law (LAU) regulates that the owner must notify the tenant of the intention to sell, the price, and conditions. The tenant has 30 calendar days to exercise the right of first refusal under the same conditions. In contracts after the 2013 reform, an express waiver may be agreed upon. There is also a right of redemption if the notification is defective or the sale takes place under different conditions.

Right of First Refusal of the Public Administration (Generalitat and Municipalities):

The Administration can exercise this right for social purposes, especially in transfers by large holders, vacant housing, or those arising from foreclosures. The procedure includes notification and a deadline to decide on exercising the right, acquiring the property at the same price agreed with the third buyer.

Elements to Consider and Case Law:

• The priority of the Administration in certain cases over the tenant’s right.

• The importance of proper notification to avoid exercising the right of redemption.

• The need for expert legal advice given the regulatory complexity.

• The legislative dynamics that require staying updated.

• The intervention of the Ombudsman of Catalonia in defending the right to housing.

In summary, the right of first refusal on a rental apartment in Catalonia can be exercised both by the tenant and by the Administration, with priority for the latter in certain cases, making correct management and notification key to ensuring the legality and legal security of the transaction.