GIPE Newsletter (24.162) May, 8th 2025

COLLABORATION AGREEMENT:

GIPE AND ARRENTA INSURANCE

Dear members,

We remind you of the recent collaboration agreement between GIPE and ARRENTA SABSEG, a brokerage specializing in real estate insurance. Thanks to this alliance, all GIPE members will be able to rely on ARRENTA SABSEG as their own insurance department at no additional cost, offering solutions tailored to market needs and with exclusive conditions.

You can access the full agreement in the Back Office Area of ​​the GIPE website, www.gipe.es, with your passwords. Their team is contacting you with more information. If you have any questions, here are their direct contacts:

– Noelia Alcázar. 662 466 294.

– Ángela Escribano. 656 284 806.

– Marta López. 655 013 215.

GIPE ASSOCIATED QUERIES:

Next, in this new section, we’re going to compile some of the questions you’ve asked us, along with answers from our legal department in case they may be helpful to others:

Catalonia Associated Queries

1º.- Good afternoon, for rentals of non-habitual housing, should the maximum rental price allowed by the state be set, or can the price be set freely?

2º.- Please add to the previous question: With the 2023 law limiting the price of habitual housing in Catalonia, can community fees and property tax be added to that limited price? In other words, can the tenant be asked to pay property tax and community fees? Thank you very much.

Answers:

Good morning:

In response to the first question, I must inform you that for non-habitual housing, the rental price can be set freely. Notwithstanding the above, if we refer to Catalonia, while it is true that prices can currently be set freely, I must inform you that in Catalonia, an agreement was reached this April between the major parties to urgently process a decree law subjecting seasonal and room-to-room rental prices to the limits established in areas declared as having a stressed market (271 municipalities, due to the expansion of 131 municipalities to the initial 140).

Regarding the second question, I would like to inform you that community fees and property tax can be charged without being affected by the rental price limit; since, although amounts allocated to rent, they are not, in the strict sense, income, provided that this is contractually agreed upon between the parties.

Questions:

3º.- So, until this decree law is approved, we can freely agree on non-seasonal prices?

4º.- Regarding the question about the collection of property tax (IBI)/garbage. We indicated this with the following clause in the contract. Is this correct, or should we specify that the agreed rent is €500 and then include a separate clause stating that they will also pay property tax, garbage, and community fees monthly?

Answers:

Indeed, until the proposed Decree-Law comes into effect, the tight zone restrictions for seasonal rentals do not apply. Regarding the following question, the rent is agreed at a specific price, and the remaining amounts of pass-through expenses, fees, or amounts similar to the rent are listed separately, as contractually agreed.

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